[Congressional Record Volume 155, Number 29 (Thursday, February 12, 2009)]
[House]
[Pages H1307-H1516]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1, AMERICAN RECOVERY AND REINVESTMENT ACT OF 
                                  2009

  Mr. OBEY submitted the following conference report and statement on 
the bill (H.R. 1) making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for the fiscal year ending September 30, 2009, and for 
other purposes:

                  Conference Report (H. Rept. 111-16)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1) ``making supplemental appropriations for job preservation 
     and creation, infrastructure investment, energy efficiency 
     and science, assistance to the unemployed, and State and 
     local fiscal stabilization, for the fiscal year ending 
     September 30, 2009, and for other purposes'', having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Recovery and 
     Reinvestment Act of 2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

                 DIVISION A--APPROPRIATIONS PROVISIONS

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
              AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--DEPARTMENT OF DEFENSE
TITLE IV--ENERGY AND WATER DEVELOPMENT
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
              EDUCATION, AND RELATED AGENCIES
TITLE IX--LEGISLATIVE BRANCH
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
              AGENCIES
TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

[[Page H1308]]

TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
              AGENCIES
TITLE XIII--HEALTH INFORMATION TECHNOLOGY
TITLE XIV--STATE FISCAL STABILIZATION FUND
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY
TITLE XVI--GENERAL PROVISIONS--THIS ACT

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

TITLE I--TAX PROVISIONS
TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
TITLE III--PREMIUM ASSISTANCE FOR COBRA BENEFITS
TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; 
              MISCELLANEOUS MEDICARE PROVISIONS
TITLE V--STATE FISCAL RELIEF
TITLE VI--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
TITLE VII--LIMITS ON EXECUTIVE COMPENSATION

     SEC. 3. PURPOSES AND PRINCIPLES.

       (a) Statement of Purposes.--The purposes of this Act 
     include the following:
       (1) To preserve and create jobs and promote economic 
     recovery.
       (2) To assist those most impacted by the recession.
       (3) To provide investments needed to increase economic 
     efficiency by spurring technological advances in science and 
     health.
       (4) To invest in transportation, environmental protection, 
     and other infrastructure that will provide long-term economic 
     benefits.
       (5) To stabilize State and local government budgets, in 
     order to minimize and avoid reductions in essential services 
     and counterproductive state and local tax increases.
       (b) General Principles Concerning Use of Funds.--The 
     President and the heads of Federal departments and agencies 
     shall manage and expend the funds made available in this Act 
     so as to achieve the purposes specified in subsection (a), 
     including commencing expenditures and activities as quickly 
     as possible consistent with prudent management.

     SEC. 4. REFERENCES.

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

     SEC. 5. EMERGENCY DESIGNATIONS.

       (a) In General.--Each amount in this Act is designated as 
     an emergency requirement and necessary to meet emergency 
     needs pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
       (b) Pay-as-You-Go.--All applicable provisions in this Act 
     are designated as an emergency for purposes of pay-as-you-go 
     principles.

                 DIVISION A--APPROPRIATIONS PROVISIONS

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

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

                       DEPARTMENT OF AGRICULTURE

        Agriculture Buildings and Facilities and Rental Payments

       For an additional amount for ``Agriculture Buildings and 
     Facilities and Rental Payments'', $24,000,000, for necessary 
     construction, repair, and improvement activities.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $22,500,000, to remain available until September 
     30, 2013, for oversight and audit of programs, grants, and 
     activities funded by this Act and administered by the 
     Department of Agriculture.

                     Agricultural Research Service

                        buildings and facilities

       For an additional amount for ``Buildings and Facilities'', 
     $176,000,000, for work on deferred maintenance at 
     Agricultural Research Service facilities: Provided, That 
     priority in the use of such funds shall be given to critical 
     deferred maintenance, to projects that can be completed, and 
     to activities that can commence promptly following enactment 
     of this Act.

                          Farm Service Agency

                         salaries and expenses

       For an additional amount for ``Farm Service Agency, 
     Salaries and Expenses,'' $50,000,000, for the purpose of 
     maintaining and modernizing the information technology 
     system.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

        For an additional amount for ``Watershed and Flood 
     Prevention Operations'', $290,000,000, of which $145,000,000 
     is for necessary expenses to purchase and restore floodplain 
     easements as authorized by section 403 of the Agricultural 
     Credit Act of 1978 (16 U.S.C. 2203) (except that no more than 
     $30,000,000 of the amount provided for the purchase of 
     floodplain easements may be obligated for projects in any one 
     State): Provided, That such funds shall be allocated to 
     projects that can be fully funded and completed with the 
     funds appropriated in this Act, and to activities that can 
     commence promptly following enactment of this Act.

                    watershed rehabilitation program

       For an additional amount for ``Watershed Rehabilitation 
     Program'', $50,000,000: Provided, That such funds shall be 
     allocated to projects that can be fully funded and completed 
     with the funds appropriated in this Act, and to activities 
     that can commence promptly following enactment of this Act.

                         Rural Housing Service

              rural housing insurance fund program account

       For an additional amount for gross obligations for the 
     principal amount of direct and guaranteed loans as authorized 
     by title V of the Housing Act of 1949, to be available from 
     funds in the rural housing insurance fund, as follows: 
     $1,000,000,000 for section 502 direct loans; and 
     $10,472,000,000 for section 502 unsubsidized guaranteed 
     loans.
       For an additional amount for the cost of direct and 
     guaranteed loans, including the cost of modifying loans, as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as follows: $67,000,000 for section 502 direct loans; 
     and $133,000,000 for section 502 unsubsidized guaranteed 
     loans.

               rural community facilities program account

       For an additional amount for the cost of direct loans and 
     grants for rural community facilities programs as authorized 
     by section 306 and described in section 381E(d)(1) of the 
     Consolidated Farm and Rural Development Act, $130,000,000.

                  Rural Business--Cooperative Service

                     rural business program account

       For an additional amount for the cost of guaranteed loans 
     and grants as authorized by sections 310B(a)(2)(A) and 
     310B(c) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1932), $150,000,000.

                        Rural Utilities Service

             rural water and waste disposal program account

       For an additional amount for the cost of direct loans and 
     grants for the rural water, waste water, and waste disposal 
     programs authorized by sections 306 and 310B and described in 
     section 381E(d)(2) of the Consolidated Farm and Rural 
     Development Act, $1,380,000,000.

         distance learning, telemedicine, and broadband program

       For an additional amount for the cost of broadband loans 
     and loan guarantees, as authorized by the Rural 
     Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for 
     grants (including for technical assistance), $2,500,000,000: 
     Provided, That the cost of direct and guaranteed loans shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That, notwithstanding title VI of 
     the Rural Electrification Act of 1936, this amount is 
     available for grants, loans and loan guarantees for broadband 
     infrastructure in any area of the United States: Provided 
     further, That at least 75 percent of the area to be served by 
     a project receiving funds from such grants, loans or loan 
     guarantees shall be in a rural area without sufficient access 
     to high speed broadband service to facilitate rural economic 
     development, as determined by the Secretary of Agriculture: 
     Provided further, That priority for awarding such funds shall 
     be given to project applications for broadband systems that 
     will deliver end users a choice of more than one service 
     provider: Provided further, That priority for awarding funds 
     made available under this paragraph shall be given to 
     projects that provide service to the highest proportion of 
     rural residents that do not have access to broadband service: 
     Provided further, That priority shall be given for project 
     applications from borrowers or former borrowers under title 
     II of the Rural Electrification Act of 1936 and for project 
     applications that include such borrowers or former borrowers: 
     Provided further, That priority for awarding such funds shall 
     be given to project applications that demonstrate that, if 
     the application is approved, all project elements will be 
     fully funded: Provided further, That priority for awarding 
     such funds shall be given to project applications for 
     activities that can be completed if the requested funds are 
     provided: Provided further, That priority for awarding such 
     funds shall be given to activities that can commence promptly 
     following approval: Provided further, That no area of a 
     project funded with amounts made available under this 
     paragraph may receive funding to provide broadband service 
     under the Broadband Technology Opportunities Program: 
     Provided further, That the Secretary shall submit a report on 
     planned spending and actual obligations describing the use of 
     these funds not later than 90 days after the date of 
     enactment of this Act, and quarterly thereafter until all 
     funds are obligated, to the Committees on Appropriations of 
     the House of Representatives and the Senate.

          food and nutrition service child nutrition programs

       For an additional amount for the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), except 
     section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 
     1771 et. seq.), except sections 17 and 21, $100,000,000, to 
     carry out a grant program for National School Lunch Program 
     equipment assistance: Provided, That such funds shall be 
     provided to States administering a school lunch program in a 
     manner proportional with each State's administrative expense 
     allocation: Provided further, That the States shall provide 
     competitive grants to school food authorities based upon the 
     need for equipment assistance in participating schools with 
     priority given to schools in which not less than 50 percent 
     of the students are eligible for free or reduced price meals 
     under the Richard B. Russell National School Lunch Act.

[[Page H1309]]

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

       For an additional amount for the special supplemental 
     nutrition program as authorized by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), $500,000,000, of 
     which $400,000,000 shall be placed in reserve to be allocated 
     as the Secretary deems necessary, notwithstanding section 
     17(i) of such Act, to support participation should cost or 
     participation exceed budget estimates, and of which 
     $100,000,000 shall be for the purposes specified in section 
     17(h)(10)(B)(ii): Provided, That up to one percent of the 
     funding provided for the purposes specified in section 
     17(h)(10)(B)(ii) may be reserved by the Secretary for Federal 
     administrative activities in support of those purposes.

                      commodity assistance program

       For an additional amount for the emergency food assistance 
     program as authorized by section 27(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
     U.S.C. 7508(a)(1)), $150,000,000: Provided, That of the funds 
     made available, the Secretary may use up to $50,000,000 for 
     costs associated with the distribution of commodities, of 
     which up to $25,000,000 shall be made available in fiscal 
     year 2009.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 101. Temporary Increase in Benefits Under the 
     Supplemental Nutrition Assistance Program. (a) Maximum 
     Benefit Increase.--
       (1) In general.--Beginning the first month that begins not 
     less than 25 days after the date of enactment of this Act, 
     the value of benefits determined under section 8(a) of the 
     Food and Nutrition Act of 2008 and consolidated block grants 
     for Puerto Rico and American Samoa determined under section 
     19(a) of such Act shall be calculated using 113.6 percent of 
     the June 2008 value of the thrifty food plan as specified 
     under section 3(o) of such Act.
       (2) Termination.--
       (A) The authority provided by this subsection shall 
     terminate after September 30, 2009.
       (B) Notwithstanding subparagraph (A), the Secretary of 
     Agriculture may not reduce the value of the maximum 
     allotments, minimum allotments or consolidated block grants 
     for Puerto Rico and American Samoa below the level in effect 
     for fiscal year 2009 as a result of paragraph (1).
       (b) Requirements for the Secretary.--In carrying out this 
     section, the Secretary shall--
       (1) consider the benefit increases described in subsection 
     (a) to be a ``mass change'';
       (2) require a simple process for States to notify 
     households of the increase in benefits;
       (3) consider section 16(c)(3)(A) of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors 
     in the implementation of this section, without regard to the 
     120-day limit described in that section;
       (4) disregard the additional amount of benefits that a 
     household receives as a result of this section in determining 
     the amount of overissuances under section 13 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2022); and
       (5) set the tolerance level for excluding small errors for 
     the purposes of section 16(c) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2009.
       (c) Administrative Expenses.--
       (1) In general.--For the costs of State administrative 
     expenses associated with carrying out this section and 
     administering the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.), the Secretary shall make available 
     $145,000,000 in fiscal year 2009 and $150,000,000 in fiscal 
     year 2010, of which $4,500,000 is for necessary expenses of 
     the Food and Nutrition Service for management and oversight 
     of the program and for monitoring the integrity and 
     evaluating the effects of the payments made under this 
     section.
       (2) Timing for fiscal year 2009.--Not later than 60 days 
     after the date of enactment of this Act, the Secretary shall 
     make available to States amounts for fiscal year 2009 under 
     paragraph (1).
       (3) Allocation of funds.--Except as provided for management 
     and oversight, funds described in paragraph (1) shall be made 
     available as grants to State agencies for each fiscal year as 
     follows:
       (A) 75 percent of the amounts available for each fiscal 
     year shall be allocated to States based on the share of each 
     State of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture for the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of enactment) for participation in disaster programs under 
     section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014(h)); and
       (B) 25 percent of the amounts available for each fiscal 
     year shall be allocated to States based on the increase in 
     the number of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture over the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of enactment) for participation in disaster programs under 
     section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014(h)).
       (d) Food Distribution Program on Indian Reservations.--For 
     the costs relating to facility improvements and equipment 
     upgrades associated with the Food Distribution Program on 
     Indian Reservations, as established under section 4(b) of the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)), the 
     Secretary shall make available $5,000,000: Provided, That 
     administrative cost-sharing requirements are not applicable 
     to funds provided in accordance with this provision.
       (e) Treatment of Jobless Workers.--
       (1) Remainder of fiscal year 2009 through fiscal year 
     2010.--Beginning with the first month that begins not less 
     than 25 days after the date of enactment of this Act and for 
     each subsequent month through September 30, 2010, eligibility 
     for supplemental nutrition assistance program benefits shall 
     not be limited under section 6(o)(2) of the Food and 
     Nutrition Act of 2008 unless an individual does not comply 
     with the requirements of a program offered by the State 
     agency that meets the standards of subparagraphs (B) or (C) 
     of that paragraph.
       (2) Fiscal year 2011 and thereafter.--Beginning on October 
     1, 2010, for the purposes of section 6(o) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency 
     shall disregard any period during which an individual 
     received benefits under the supplemental nutrition assistance 
     program prior to October 1, 2010.
       (f)  Funding.--There are appropriated to the Secretary out 
     of funds of the Treasury not otherwise appropriated such sums 
     as are necessary to carry out this section.
       Sec. 102. Agricultural Disaster Assistance Transition. (a) 
     Federal Crop Insurance Act. Section 531(g) of the Federal 
     Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at 
     the end the following:
       ``(7) 2008 transition assistance.--
       ``(A) In general.--Eligible producers on a farm described 
     in subparagraph (A) of paragraph (4) that failed to timely 
     pay the appropriate fee described in that subparagraph shall 
     be eligible for assistance under this section in accordance 
     with subparagraph (B) if the eligible producers on the farm--
       ``(i) pay the appropriate fee described in paragraph (4)(A) 
     not later than 90 days after the date of enactment of this 
     paragraph; and
       ``(ii)(I) in the case of each insurable commodity of the 
     eligible producers on the farm, excluding grazing land, agree 
     to obtain a policy or plan of insurance under subtitle A 
     (excluding a crop insurance pilot program under that 
     subtitle) for the next insurance year for which crop 
     insurance is available to the eligible producers on the farm 
     at a level of coverage equal to 70 percent or more of the 
     recorded or appraised average yield indemnified at 100 
     percent of the expected market price, or an equivalent 
     coverage; and
       ``(II) in the case of each noninsurable commodity of the 
     eligible producers on the farm, agree to file the required 
     paperwork, and pay the administrative fee by the applicable 
     State filing deadline, for the noninsured crop assistance 
     program for the next year for which a policy is available.
       ``(B) Amount of assistance.--Eligible producers on a farm 
     that meet the requirements of subparagraph (A) shall be 
     eligible to receive assistance under this section as if the 
     eligible producers on the farm--
       ``(i) in the case of each insurable commodity of the 
     eligible producers on the farm, had obtained a policy or plan 
     of insurance for the 2008 crop year at a level of coverage 
     not to exceed 70 percent or more of the recorded or appraised 
     average yield indemnified at 100 percent of the expected 
     market price, or an equivalent coverage; and
       ``(ii) in the case of each noninsurable commodity of the 
     eligible producers on the farm, had filed the required 
     paperwork, and paid the administrative fee by the applicable 
     State filing deadline, for the noninsured crop assistance 
     program for the 2008 crop year, except that in determining 
     the level of coverage, the Secretary shall use 70 percent of 
     the applicable yield.
       ``(C) Equitable relief.--Except as provided in subparagraph 
     (D), eligible producers on a farm that met the requirements 
     of paragraph (1) before the deadline described in paragraph 
     (4)(A) and are eligible to receive, a disaster assistance 
     payment under this section for a production loss during the 
     2008 crop year shall be eligible to receive an amount equal 
     to the greater of--
       ``(i) the amount that would have been calculated under 
     subparagraph (B) if the eligible producers on the farm had 
     paid the appropriate fee under that subparagraph; or
       ``(ii) the amount that would have been calculated under 
     subparagraph (A) of subsection (b)(3) if--

       ``(I) in clause (i) of that subparagraph, `120 percent' is 
     substituted for `115 percent'; and
       ``(II) in clause (ii) of that subparagraph, `125' is 
     substituted for `120 percent'.

       ``(D) Limitation.--For amounts made available under this 
     paragraph, the Secretary may make such adjustments as are 
     necessary to ensure that no producer receives a payment under 
     this paragraph for an amount in excess of the assistance 
     received by a similarly situated producer that had purchased 
     the same or higher level of crop insurance prior to the date 
     of enactment of this paragraph.
       ``(E) Authority of the secretary.--The Secretary may 
     provide such additional assistance as the Secretary considers 
     appropriate to provide equitable treatment for eligible 
     producers on a farm that suffered production losses in the 
     2008 crop year that result in multiyear production losses, as 
     determined by the Secretary.
       ``(F) Lack of access.--Notwithstanding any other provision 
     of this section, the Secretary may provide assistance under 
     this section to eligible producers on a farm that--
       ``(i) suffered a production loss due to a natural cause 
     during the 2008 crop year; and
       ``(ii) as determined by the Secretary--

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

       ``(bb) do not qualify for a written agreement because 1 or 
     more farming practices, which the Secretary has determined 
     are good farming practices, of the eligible producers on the 
     farm

[[Page H1310]]

     differ significantly from the farming practices used by 
     producers of the same crop in other regions of the United 
     States; and
       ``(II) are not eligible for the noninsured crop disaster 
     assistance program established by section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333).''.

       (b) Trade Act of 1974.--Section 901(g) of the Trade Act of 
     1974 (19 U.S.C. 2497(g)) is amended by adding at the end the 
     following:
       ``(7) 2008 transition assistance.--
       ``(A) In general.--Eligible producers on a farm described 
     in subparagraph (A) of paragraph (4) that failed to timely 
     pay the appropriate fee described in that subparagraph shall 
     be eligible for assistance under this section in accordance 
     with subparagraph (B) if the eligible producers on the farm--
       ``(i) pay the appropriate fee described in paragraph (4)(A) 
     not later than 90 days after the date of enactment of this 
     paragraph; and
       ``(ii)(I) in the case of each insurable commodity of the 
     eligible producers on the farm, excluding grazing land, agree 
     to obtain a policy or plan of insurance under the Federal 
     Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop 
     insurance pilot program under that Act) for the next 
     insurance year for which crop insurance is available to the 
     eligible producers on the farm at a level of coverage equal 
     to 70 percent or more of the recorded or appraised average 
     yield indemnified at 100 percent of the expected market 
     price, or an equivalent coverage; and
       ``(II) in the case of each noninsurable commodity of the 
     eligible producers on the farm, agree to file the required 
     paperwork, and pay the administrative fee by the applicable 
     State filing deadline, for the noninsured crop assistance 
     program for the next year for which a policy is available.
       ``(B) Amount of assistance.--Eligible producers on a farm 
     that meet the requirements of subparagraph (A) shall be 
     eligible to receive assistance under this section as if the 
     eligible producers on the farm--
       ``(i) in the case of each insurable commodity of the 
     eligible producers on the farm, had obtained a policy or plan 
     of insurance for the 2008 crop year at a level of coverage 
     not to exceed 70 percent or more of the recorded or appraised 
     average yield indemnified at 100 percent of the expected 
     market price, or an equivalent coverage; and
       ``(ii) in the case of each noninsurable commodity of the 
     eligible producers on the farm, had filed the required 
     paperwork, and paid the administrative fee by the applicable 
     State filing deadline, for the noninsured crop assistance 
     program for the 2008 crop year, except that in determining 
     the level of coverage, the Secretary shall use 70 percent of 
     the applicable yield.
       ``(C) Equitable relief.--Except as provided in subparagraph 
     (D), eligible producers on a farm that met the requirements 
     of paragraph (1) before the deadline described in paragraph 
     (4)(A) and are eligible to receive, a disaster assistance 
     payment under this section for a production loss during the 
     2008 crop year shall be eligible to receive an amount equal 
     to the greater of--
       ``(i) the amount that would have been calculated under 
     subparagraph (B) if the eligible producers on the farm had 
     paid the appropriate fee under that subparagraph; or
       ``(ii) the amount that would have been calculated under 
     subparagraph (A) of subsection (b)(3) if--

       ``(I) in clause (i) of that subparagraph, `120 percent' is 
     substituted for `115 percent'; and
       ``(II) in clause (ii) of that subparagraph, `125' is 
     substituted for `120 percent'.

       ``(D) Limitation.--For amounts made available under this 
     paragraph, the Secretary may make such adjustments as are 
     necessary to ensure that no producer receives a payment under 
     this paragraph for an amount in excess of the assistance 
     received by a similarly situated producer that had purchased 
     the same or higher level of crop insurance prior to the date 
     of enactment of this paragraph.
       ``(E) Authority of the secretary.--The Secretary may 
     provide such additional assistance as the Secretary considers 
     appropriate to provide equitable treatment for eligible 
     producers on a farm that suffered production losses in the 
     2008 crop year that result in multiyear production losses, as 
     determined by the Secretary.
       ``(F) Lack of access.--Notwithstanding any other provision 
     of this section, the Secretary may provide assistance under 
     this section to eligible producers on a farm that--
       ``(i) suffered a production loss due to a natural cause 
     during the 2008 crop year; and
       ``(ii) as determined by the Secretary--

       ``(I)(aa) except as provided in item (bb), lack access to a 
     policy or plan of insurance under subtitle A; or
       ``(bb) do not qualify for a written agreement because 1 or 
     more farming practices, which the Secretary has determined 
     are good farming practices, of the eligible producers on the 
     farm differ significantly from the farming practices used by 
     producers of the same crop in other regions of the United 
     States; and
       ``(II) are not eligible for the noninsured crop disaster 
     assistance program established by section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333).''.

       (c) Farm Operating Loans.--
       (1) In general.--For the principal amount of direct farm 
     operating loans under section 311 of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1941), $173,367,000.
       (2) Direct farm operating loans.--For the cost of direct 
     farm operating loans, including the cost of modifying loans, 
     as defined in section 502 of the Congressional Budget Act of 
     1974 (2 U.S.C. 661a), $20,440,000.
       (d) 2008 Aquaculture Assistance.--
       (1) Definitions.--In this subsection:
       (A) Eligible aquaculture producer.--The term ``eligible 
     aquaculture producer'' means an aquaculture producer that 
     during the 2008 calendar year, as determined by the 
     Secretary--
       (i) produced an aquaculture species for which feed costs 
     represented a substantial percentage of the input costs of 
     the aquaculture operation; and
       (ii) experienced a substantial price increase of feed costs 
     above the previous 5-year average.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (2) Grant program.--
       (A) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use not more than 
     $50,000,000, to remain available until September 30, 2010, to 
     carry out a program of grants to States to assist eligible 
     aquaculture producers for losses associated with high feed 
     input costs during the 2008 calendar year.
       (B) Notification.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall notify the State 
     department of agriculture (or similar entity) in each State 
     of the availability of funds to assist eligible aquaculture 
     producers, including such terms as determined by the 
     Secretary to be necessary for the equitable treatment of 
     eligible aquaculture producers.
       (C) Provision of grants.--
       (i) In general.--The Secretary shall make grants to States 
     under this subsection on a pro rata basis based on the amount 
     of aquaculture feed used in each State during the 2007 
     calendar year, as determined by the Secretary.
       (ii) Timing.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall make grants to 
     States to provide assistance under this subsection.
       (D) Requirements.--The Secretary shall make grants under 
     this subsection only to States that demonstrate to the 
     satisfaction of the Secretary that the State will--
       (i) use grant funds to assist eligible aquaculture 
     producers;
       (ii) provide assistance to eligible aquaculture producers 
     not later than 60 days after the date on which the State 
     receives grant funds; and
       (iii) not later than 30 days after the date on which the 
     State provides assistance to eligible aquaculture producers, 
     submit to the Secretary a report that describes--

       (I) the manner in which the State provided assistance;
       (II) the amounts of assistance provided per species of 
     aquaculture; and
       (III) the process by which the State determined the levels 
     of assistance to eligible aquaculture producers.

       (3) Reduction in payments.--An eligible aquaculture 
     producer that receives assistance under this subsection shall 
     not be eligible to receive any other assistance under the 
     supplemental agricultural disaster assistance program 
     established under section 531 of the Federal Crop Insurance 
     Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 
     (19 U.S.C. 2497) for any losses in 2008 relating to the same 
     species of aquaculture.
       (4) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     the appropriate committees of Congress a report that--
       (A) describes in detail the manner in which this subsection 
     has been carried out; and
       (B) includes the information reported to the Secretary 
     under paragraph (2)(D)(iii).
       Sec. 103. For fiscal years 2009 and 2010, in the case of 
     each program established or amended by the Food, 
     Conservation, and Energy Act of 2008 (Public Law 110-246), 
     other than by title I of such Act, that is authorized or 
     required to be carried out using funds of the Commodity 
     Credit Corporation--
       (1) such funds shall be available for the purpose of 
     covering salaries and related administrative expenses, 
     including technical assistance, associated with the 
     implementation of the program, without regard to the 
     limitation on the total amount of allotments and fund 
     transfers contained in section 11 of the Commodity Credit 
     Corporation Charter Act (15 U.S.C. 714i); and
       (2) the use of such funds for such purpose shall not be 
     considered to be a fund transfer or allotment for purposes of 
     applying the limitation on the total amount of allotments and 
     fund transfers contained in such section.
       Sec. 104. In addition to other available funds, of the 
     funds made available to the Rural Development mission area in 
     this title, not more than 3 percent of the funds can be used 
     for administrative costs to carry out loan, loan guarantee 
     and grant activities funded in this title, which shall be 
     transferred to and merged with the appropriation for ``Rural 
     Development, Salaries and Expenses'': Provided, That of this 
     amount $1,750,000 shall be committed to agency projects 
     associated with maintaining the compliance, safety, and 
     soundness of the portfolio of loans guaranteed through the 
     section 502 guaranteed loan program.
       Sec. 105. Of the amounts appropriated in this title to the 
     ``Rural Housing Service, Rural Community Facilities Program 
     Account'', the ``Rural Business-Cooperative Service, Rural 
     Business Program Account'', and the "Rural Utilities Service, 
     Rural Water and Waste Disposal Program Account'', at least 10 
     percent shall be allocated for assistance in persistent 
     poverty counties: Provided, That for the purposes of this 
     section, the term ``persistent poverty counties'' means any 
     county that has had 20 percent or more of its population 
     living in poverty over the past 30 years, as measured by the 
     1980, 1990, and 2000 decennial censuses.

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

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount for ``Economic Development 
     Assistance Programs'', $150,000,000:

[[Page H1311]]

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

                          Bureau of the Census

                     periodic censuses and programs

       For an additional amount for ``Periodic Censuses and 
     Programs'', $1,000,000,000.

       National Telecommunications and Information Administration

               broadband technology opportunities program

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

                digital-to-analog converter box program

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

             National Institute of Standards and Technology

             scientific and technical research and services

        For an additional amount for ``Scientific and Technical 
     Research and Services'', $220,000,000.

                  construction of research facilities

       For an additional amount for ``Construction of Research 
     Facilities'', $360,000,000, of which $180,000,000 shall be 
     for a competitive construction grant program for research 
     science buildings.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $230,000,000.

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $600,000,000.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $6,000,000, to remain available until September 
     30, 2013.

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2013.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For an additional amount for ``Violence Against Women 
     Prevention and Prosecution Programs'', $225,000,000 for 
     grants to combat violence against women, as authorized by 
     part T of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3796gg et seq.): Provided, That, $50,000,000 
     shall be for transitional housing assistance grants for 
     victims of domestic violence, stalking or sexual assault as 
     authorized by section 40299 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322).

                       Office of Justice Programs

               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $2,000,000,000, for the Edward 
     Byrne Memorial Justice Assistance Grant program as authorized 
     by subpart 1 of part E of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``1968 Act''), (except 
     that section 1001(c), and the special rules for Puerto Rico 
     under section 505(g), of the 1968 Act, shall not apply for 
     purposes of this Act).
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $225,000,000, for competitive 
     grants to improve the functioning of the criminal justice 
     system, to assist victims of crime (other than compensation), 
     and youth mentoring grants.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $40,000,000, for competitive grants 
     to provide assistance and equipment to local law enforcement 
     along the Southern border and in High-Intensity Drug 
     Trafficking Areas to combat criminal narcotics activity 
     stemming from the Southern border, of which $10,000,000 shall 
     be transferred to ``Bureau of Alcohol, Tobacco, Firearms and 
     Explosives, Salaries and Expenses'' for the ATF Project 
     Gunrunner.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $225,000,000, for assistance to 
     Indian tribes, notwithstanding Public Law 108-199, division 
     B, title I, section 112(a)(1) (118 Stat. 62), which shall be 
     available for grants under section 20109 of subtitle A of 
     title II of the Violent Crime Control and Law Enforcement Act 
     of 1994 (Public Law 103-322).
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000, to be distributed by 
     the Office for Victims of Crime in accordance with section 
     1402(d)(4) of the Victims of Crime Act of 1984 (Public Law 
     98-473).
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $125,000,000, for assistance to law 
     enforcement in rural States and rural areas, to prevent and 
     combat crime, especially drug-related crime.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $50,000,000, for Internet Crimes 
     Against Children (ICAC) initiatives.

                  Community Oriented Policing Services

       For an additional amount for ``Community Oriented Policing 
     Services'', for grants under section 1701 of title I of the 
     1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 
     3796dd) for hiring and rehiring of additional career law 
     enforcement officers under part Q of such title, 
     notwithstanding subsection (i) of such section, 
     $1,000,000,000.

                         Salaries and Expenses

       For an additional amount, not elsewhere specified in this 
     title, for management and administration and oversight of 
     programs within the Office on Violence Against Women, the 
     Office of Justice Programs, and the Community Oriented 
     Policing Services Office, $10,000,000.

                                SCIENCE

             National Aeronautics and Space Administration

                                science

       For an additional amount for ``Science'', $400,000,000.

                              aeronautics

        For an additional amount for ``Aeronautics'', 
     $150,000,000.

                              exploration

       For an additional amount for ``Exploration'', $400,000,000.

                          cross agency support

       For an additional amount for ``Cross Agency Support'', 
     $50,000,000.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2013.

                      National Science Foundation

                    research and related activities

        For an additional amount for ``Research and Related 
     Activities'', $2,500,000,000: Provided, That $300,000,000 
     shall be available solely for the Major Research 
     Instrumentation program and $200,000,000 shall be for 
     activities authorized by title II of Public Law 100-570 for 
     academic research facilities modernization.

                     education and human resources

        For an additional amount for ``Education and Human 
     Resources'', $100,000,000.

          major research equipment and facilities construction

       For an additional amount for ``Major Research Equipment and 
     Facilities Construction'', $400,000,000.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2013.

                     GENERAL PROVISION--THIS TITLE

       Sec. 201. Sections 1701(g) and 1704(c) of the Omnibus Crime 
     Control and Safe Streets Act of

[[Page H1312]]

     1968 (42 U.S.C. 3796dd(g) and 3796dd-3(c)) shall not apply 
     with respect to funds appropriated in this or any other Act 
     making appropriations for fiscal year 2009 or 2010 for 
     Community Oriented Policing Services authorized under part Q 
     of such Act of 1968.

                    TITLE III--DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $1,474,525,000, to remain available for obligation 
     until September 30, 2010, to improve, repair and modernize 
     Department of Defense facilities, restore and modernize real 
     property to include barracks, and invest in the energy 
     efficiency of Department of Defense facilities.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $657,051,000, to remain available for obligation 
     until September 30, 2010, to improve, repair and modernize 
     Department of Defense facilities, restore and modernize real 
     property to include barracks, and invest in the energy 
     efficiency of Department of Defense facilities.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $113,865,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $1,095,959,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $98,269,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $55,083,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $39,909,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $13,187,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $266,304,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $25,848,000, to remain available for 
     obligation until September 30, 2010, to improve, repair and 
     modernize Department of Defense facilities, restore and 
     modernize real property to include barracks, and invest in 
     the energy efficiency of Department of Defense facilities.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $75,000,000, to remain available for 
     obligation until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $75,000,000, to remain available 
     for obligation until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $75,000,000, to remain 
     available for obligation until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $400,000,000 for operation and maintenance, to remain 
     available for obligation until September 30, 2010, to 
     improve, repair and modernize military medical facilities, 
     and invest in the energy efficiency of military medical 
     facilities.

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $15,000,000 for operation and maintenance, to 
     remain available for obligation until September 30, 2011.

                 TITLE IV--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                             investigations

       For an additional amount for ``Investigations'', 
     $25,000,000: Provided, That funds provided under this heading 
     in this title shall only be used for programs, projects or 
     activities that heretofore or hereafter receive funds 
     provided in Acts making appropriations available for Energy 
     and Water Development: Provided further, That funds provided 
     under this heading in this title shall be used for programs, 
     projects or activities or elements of programs, projects or 
     activities that can be completed within the funds made 
     available in that account and that will not require new 
     budget authority to complete: Provided further, That for 
     projects that are being completed with funds appropriated in 
     this Act that would otherwise be expired for obligation, 
     expired funds appropriated in this Act may be used to pay the 
     cost of associated supervision, inspection, overhead, 
     engineering and design on those projects and on subsequent 
     claims, if any: Provided further, That the Secretary of the 
     Army shall submit a quarterly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation, obligation and expenditures of 
     these funds, beginning not later than 45 days after enactment 
     of this Act: Provided further, That the Secretary shall have 
     unlimited reprogramming authority for these funds provided 
     under this heading.

                              construction

       For an additional amount for ``Construction'', 
     $2,000,000,000: Provided, That not less than $200,000,000 of 
     the funds provided shall be for water-related environmental 
     infrastructure assistance: Provided further, That section 102 
     of Public Law 109-103 (33 U.S.C. 2221) shall not apply to 
     funds provided in this title: Provided further, That 
     notwithstanding any other provision of law, funds provided in 
     this paragraph shall not be cost shared with the Inland 
     Waterways Trust Fund as authorized in Public Law 99-662: 
     Provided further, That funds provided under this heading in 
     this title shall only be used for programs, projects or 
     activities that heretofore or hereafter receive funds 
     provided in Acts making appropriations available for Energy 
     and Water Development: Provided further, That funds provided 
     under this heading in this title shall be used for programs, 
     projects or activities or elements of programs, projects or 
     activities that can be completed within the funds made 
     available in that account and that will not require new 
     budget authority to complete: Provided further, That the 
     limitation concerning total project costs in section 902 of 
     the Water Resources Development Act of 1986, as amended (33 
     U.S.C. 2280), shall not apply during fiscal year 2009 to any 
     project that received funds provided in this title: Provided 
     further, That funds appropriated under this heading may be 
     used by the Secretary of the Army, acting through the Chief 
     of Engineers, to undertake work authorized to be carried out 
     in accordance with section 14 of the Flood Control Act of 
     1946 (33 U.S.C. 701r); section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s); section 206 of the Water Resources 
     Development Act of 1996 (33 U.S.C. 2330); or section 1135 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2309a), notwithstanding the program cost limitations set 
     forth in those sections: Provided further, That for projects 
     that are being completed with funds appropriated in this Act 
     that would otherwise be expired for obligation, expired funds 
     appropriated in this Act may be used to pay the cost of 
     associated supervision, inspection, overhead, engineering and 
     design on those projects and on subsequent claims, if any: 
     Provided further, That the Secretary of the Army shall submit 
     a quarterly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation, obligation and expenditures of these funds, 
     beginning not later than 45 days after enactment of this Act: 
     Provided further, That the Secretary shall have unlimited 
     reprogramming authority for these funds provided under this 
     heading.

                   mississippi river and tributaries

       For an additional amount for ``Mississippi River and 
     Tributaries'', $375,000,000: Provided, That funds provided 
     under this heading in this title shall only be used for 
     programs, projects or activities that heretofore or hereafter 
     receive funds provided in Acts making appropriations 
     available for Energy and Water Development: Provided further, 
     That funds provided under this heading in this title shall be 
     used for programs, projects or activities or elements of 
     programs, projects or activities that can be completed within 
     the funds made available in that

[[Page H1313]]

     account and that will not require new budget authority to 
     complete: Provided further, That the limitation concerning 
     total project costs in section 902 of the Water Resources 
     Development Act of 1986, as amended (33 U.S.C. 2280), shall 
     not apply during fiscal year 2009 to any project that 
     received funds provided in this title: Provided further, That 
     for projects that are being completed with funds appropriated 
     in this Act that would otherwise be expired for obligation, 
     expired funds appropriated in this Act may be used to pay the 
     cost of associated supervision, inspection, overhead 
     engineering, and design on those projects and on subsequent 
     claims, if any: Provided further, That the Secretary of the 
     Army shall submit a quarterly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation, obligation and expenditures of 
     these funds, beginning not later than 45 days after enactment 
     of this Act: Provided further, That the Secretary shall have 
     unlimited reprogramming authority for these funds provided 
     under this heading.

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'', 
     $2,075,000,000: Provided, That funds provided under this 
     heading in this title shall only be used for programs, 
     projects or activities that heretofore or hereafter receive 
     funds provided in Acts making appropriations available for 
     Energy and Water Development: Provided further, That funds 
     provided under this heading in this title shall be used for 
     programs, projects or activities or elements of programs, 
     projects or activities that can be completed within the funds 
     made available in that account and that will not require new 
     budget authority to complete: Provided further, That section 
     9006 of Public Law 110-114 shall not apply to funds provided 
     in this title: Provided further, That for projects that are 
     being completed with funds appropriated in this Act that 
     would otherwise be expired for obligation, expired funds 
     appropriated in this Act may be used to pay the cost of 
     associated supervision, inspection, overhead, engineering and 
     design on those projects and on subsequent claims, if any: 
     Provided further, That the Secretary of the Army shall submit 
     a quarterly report to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing the 
     allocation, obligation and expenditures of these funds, 
     beginning not later than 45 days after enactment of this Act: 
     Provided further, That the Secretary shall have unlimited 
     reprogramming authority for these funds provided under this 
     heading.

                           regulatory program

       For an additional amount for ``Regulatory Program'', 
     $25,000,000.

            formerly utilized sites remedial action program

       For an additional amount for ``Formerly Utilized Sites 
     Remedial Action Program'', $100,000,000: Provided, That funds 
     provided under this heading in this title shall be used for 
     programs, projects or activities or elements of programs, 
     projects or activities that can be completed within the funds 
     made available in that account and that will not require new 
     budget authority to complete: Provided further, That for 
     projects that are being completed with funds appropriated in 
     this Act that would otherwise be expired for obligation, 
     expired funds appropriated in this Act may be used to pay the 
     cost of associated supervision, inspection, overhead, 
     engineering and design on those projects and on subsequent 
     claims, if any: Provided further, That the Secretary of the 
     Army shall submit a quarterly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation, obligation and expenditures of 
     these funds, beginning not later than 45 days after enactment 
     of this Act: Provided further, That the Secretary shall have 
     unlimited reprogramming authority for these funds provided 
     under this heading.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

       For an additional amount for ``Water and Related 
     Resources'', $1,000,000,000: Provided, That of the amount 
     appropriated under this heading, not less than $126,000,000 
     shall be used for water reclamation and reuse projects 
     authorized under title XVI of Public Law 102-575: Provided 
     further, That funds provided in this Act shall be used for 
     elements of projects, programs or activities that can be 
     completed within these funding amounts and not create 
     budgetary obligations in future fiscal years: Provided 
     further, That $50,000,000 of the funds provided under this 
     heading may be transferred to the Department of the Interior 
     for programs, projects and activities authorized by the 
     Central Utah Project Completion Act (titles II-V of Public 
     Law 102-575): Provided further, That $50,000,000 of the funds 
     provided under this heading may be used for programs, 
     projects, and activities authorized by the California Bay-
     Delta Restoration Act (Public Law 108-361): Provided further, 
     That not less than $60,000,000 of the funds provided under 
     this heading shall be used for rural water projects and shall 
     be expended primarily on water intake and treatment 
     facilities of such projects: Provided further, That not less 
     than $10,000,000 of the funds provided under this heading 
     shall be used for a bureau-wide inspection of canals program 
     in urbanized areas: Provided further, That the costs of 
     extraordinary maintenance and replacement activities carried 
     out with funds provided in this Act shall be repaid pursuant 
     to existing authority, except the length of repayment period 
     shall be as determined by the Commissioner, but in no case 
     shall the repayment period exceed 50 years and the repayment 
     shall include interest, at a rate determined by the Secretary 
     of the Treasury as of the beginning of the fiscal year in 
     which the work is commenced, on the basis of average market 
     yields on outstanding marketable obligations of the United 
     States with the remaining periods of maturity comparable to 
     the applicable reimbursement period of the project adjusted 
     to the nearest one-eighth of 1 percent on the unamortized 
     balance of any portion of the loan: Provided further, That 
     for projects that are being completed with funds appropriated 
     in this Act that would otherwise be expired for obligation, 
     expired funds appropriated in this Act may be used to pay the 
     cost of associated supervision, inspection, overhead, 
     engineering and design on those projects and on subsequent 
     claims, if any: Provided further, That the Secretary of the 
     Interior shall submit a quarterly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation, obligation and expenditures of 
     these funds, beginning not later than 45 days after enactment 
     of this Act: Provided further, That the Secretary shall have 
     unlimited reprogramming authority for these funds provided 
     under this heading.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       For an additional amount for ``Energy Efficiency and 
     Renewable Energy'', $16,800,000,000: Provided, That 
     $3,200,000,000 shall be available for Energy Efficiency and 
     Conservation Block Grants for implementation of programs 
     authorized under subtitle E of title V of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17151 et 
     seq.), of which $2,800,000,000 is available through the 
     formula in subtitle E: Provided further, That the Secretary 
     may use the most recent and accurate population data 
     available to satisfy the requirements of section 543(b) of 
     the Energy Independence and Security Act of 2007: Provided 
     further, That the remaining $400,000,000 shall be awarded on 
     a competitive basis: Provided further, That $5,000,000,000 
     shall be for the Weatherization Assistance Program under part 
     A of title IV of the Energy Conservation and Production Act 
     (42 U.S.C. 6861 et seq.): Provided further, That 
     $3,100,000,000 shall be for the State Energy Program 
     authorized under part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321): Provided further, That 
     $2,000,000,000 shall be available for grants for the 
     manufacturing of advanced batteries and components and the 
     Secretary shall provide facility funding awards under this 
     section to manufacturers of advanced battery systems and 
     vehicle batteries that are produced in the United States, 
     including advanced lithium ion batteries, hybrid electrical 
     systems, component manufacturers, and software designers: 
     Provided further, That notwithstanding section 3304 of title 
     5, United States Code, and without regard to the provisions 
     of sections 3309 through 3318 of such title 5, the Secretary 
     of Energy, upon a determination that there is a severe 
     shortage of candidates or a critical hiring need for 
     particular positions, may from within the funds provided, 
     recruit and directly appoint highly qualified individuals 
     into the competitive service: Provided further, That such 
     authority shall not apply to positions in the Excepted 
     Service or the Senior Executive Service: Provided further, 
     That any action authorized herein shall be consistent with 
     the merit principles of section 2301 of such title 5, and the 
     Department shall comply with the public notice requirements 
     of section 3327 of such title 5.

              Electricity Delivery and Energy Reliability

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

[[Page H1314]]

     programs, laws, and regulations: Provided further, That 
     $10,000,000 is provided to implement section 1305 of Public 
     Law 110-140: Provided further, That the Secretary of Energy 
     may use or transfer amounts provided under this heading to 
     carry out new authority for transmission improvements, if 
     such authority is enacted in any subsequent Act, consistent 
     with existing fiscal management practices and procedures.

                 Fossil Energy Research and Development

       For an additional amount for ``Fossil Energy Research and 
     Development'', $3,400,000,000.

                   Non-Defense Environmental Cleanup

       For an additional amount for ``Non-Defense Environmental 
     Cleanup'', $483,000,000.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For an additional amount for ``Uranium Enrichment 
     Decontamination and Decommissioning Fund'', $390,000,000, of 
     which $70,000,000 shall be available in accordance with title 
     X, subtitle A of the Energy Policy Act of 1992.

                                Science

       For an additional amount for ``Science'', $1,600,000,000.

               Advanced Research Projects Agency--Energy

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

         Title 17--Innovative Technology Loan Guarantee Program

       For an additional amount for the cost of guaranteed loans 
     authorized by section 1705 of the Energy Policy Act of 2005, 
     $6,000,000,000, available until expended, to pay the costs of 
     guarantees made under this section: Provided, That of the 
     amount provided for title XVII, $25,000,000 shall be used for 
     administrative expenses in carrying out the guaranteed loan 
     program: Provided further, That of the amounts provided for 
     title XVII, $10,000,000 shall be transferred to and available 
     for administrative expenses for the Advanced Technology 
     Vehicles Manufacturing Loan Program.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $15,000,000, to remain 
     available until September 30, 2012.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For an additional amount for ``Defense Environmental 
     Cleanup,'' $5,127,000,000.

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

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 401.  Bonneville Power Administration Borrowing 
     Authority. For the purposes of providing funds to assist in 
     financing the construction, acquisition, and replacement of 
     the transmission system of the Bonneville Power 
     Administration and to implement the authority of the 
     Administrator of the Bonneville Power Administration under 
     the Pacific Northwest Electric Power Planning and 
     Conservation Act (16 U.S.C. 839 et seq.), an additional 
     $3,250,000,000 in borrowing authority is made available under 
     the Federal Columbia River Transmission System Act (16 U.S.C. 
     838 et seq.), to remain outstanding at any time.
       Sec. 402.  Western Area Power Administration Borrowing 
     Authority. The Hoover Power Plant Act of 1984 (Public Law 98-
     381) is amended by adding at the end the following:

                    ``TITLE III--BORROWING AUTHORITY

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

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Western Area Power Administration.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(b) Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, subject to paragraphs (2) through (5)--
       ``(A) the Western Area Power Administration may borrow 
     funds from the Treasury; and
       ``(B) the Secretary shall, without further appropriation 
     and without fiscal year limitation, loan to the Western Area 
     Power Administration, on such terms as may be fixed by the 
     Administrator and the Secretary, such sums (not to exceed, in 
     the aggregate (including deferred interest), $3,250,000,000 
     in outstanding repayable balances at any one time) as, in the 
     judgment of the Administrator, are from time to time required 
     for the purpose of--
       ``(i) constructing, financing, facilitating, planning, 
     operating, maintaining, or studying construction of new or 
     upgraded electric power transmission lines and related 
     facilities with at least one terminus within the area served 
     by the Western Area Power Administration; and
       ``(ii) delivering or facilitating the delivery of power 
     generated by renewable energy resources constructed or 
     reasonably expected to be constructed after the date of 
     enactment of this section.
       ``(2) Interest.--The rate of interest to be charged in 
     connection with any loan made pursuant to this subsection 
     shall be fixed by the Secretary, taking into consideration 
     market yields on outstanding marketable obligations of the 
     United States of comparable maturities as of the date of the 
     loan.
       ``(3) Refinancing.--The Western Area Power Administration 
     may refinance loans taken pursuant to this section within the 
     Treasury.
       ``(4) Participation.--The Administrator may permit other 
     entities to participate in the financing, construction and 
     ownership projects financed under this section.
       ``(5) Congressional review of disbursement.--Effective upon 
     the date of enactment of this section, the Administrator 
     shall have the authority to have utilized $1,750,000,000 at 
     any one time. If the Administrator seeks to borrow funds 
     above $1,750,000,000, the funds will be disbursed unless 
     there is enacted, within 90 calendar days of the first such 
     request, a joint resolution that rescinds the remainder of 
     the balance of the borrowing authority provided in this 
     section.
       ``(c) Transmission Line and Related Facility Projects.--
       ``(1) In general.--For repayment purposes, each 
     transmission line and related facility project in which the 
     Western Area Power Administration participates pursuant to 
     this section shall be treated as separate and distinct from--
       ``(A) each other such project; and
       ``(B) all other Western Area Power Administration power and 
     transmission facilities.
       ``(2) Proceeds.--The Western Area Power Administration 
     shall apply the proceeds from the use of the transmission 
     capacity from an individual project under this section to the 
     repayment of the principal and interest of the loan from the 
     Treasury attributable to that project, after reserving such 
     funds as the Western Area Power Administration determines are 
     necessary--
       ``(A) to pay for any ancillary services that are provided; 
     and
       ``(B) to meet the costs of operating and maintaining the 
     new project from which the revenues are derived.
       ``(3) Source of revenue.--Revenue from the use of projects 
     under this section shall be the only source of revenue for--
       ``(A) repayment of the associated loan for the project; and
       ``(B) payment of expenses for ancillary services and 
     operation and maintenance.
       ``(4) Limitation on authority.--Nothing in this section 
     confers on the Administrator any additional authority or 
     obligation to provide ancillary services to users of 
     transmission facilities developed under this section.
       ``(5) Treatment of certain revenues.--Revenue from 
     ancillary services provided by existing Federal power systems 
     to users of transmission projects funded pursuant to this 
     section shall be treated as revenue to the existing power 
     system that provided the ancillary services.
       ``(d) Certification.--
       ``(1) In general.--For each project in which the Western 
     Area Power Administration participates pursuant to this 
     section, the Administrator shall certify, prior to committing 
     funds for any such project, that--
       ``(A) the project is in the public interest;
       ``(B) the project will not adversely impact system 
     reliability or operations, or other statutory obligations; 
     and
       ``(C) it is reasonable to expect that the proceeds from the 
     project shall be adequate to make repayment of the loan.
       ``(2) Forgiveness of balances.--
       ``(A) In general.--If, at the end of the useful life of a 
     project, there is a remaining balance owed to the Treasury 
     under this section, the balance shall be forgiven.
       ``(B) Unconstructed projects.--Funds expended to study 
     projects that are considered pursuant to this section but 
     that are not constructed shall be forgiven.
       ``(C) Notification.--The Administrator shall notify the 
     Secretary of such amounts as are to be forgiven under this 
     paragraph.
       ``(e) Public Processes.--
       ``(1) Policies and practices.--Prior to requesting any 
     loans under this section, the Administrator shall use a 
     public process to develop practices and policies that 
     implement the authority granted by this section.
       ``(2) Requests for interest.--In the course of selecting 
     potential projects to be funded under this section, the 
     Administrator shall seek Requests For Interest from entities 
     interested in identifying potential projects through one or 
     more notices published in the Federal Register.''
       Sec. 403. Set-aside for Management and Oversight. Up to 0.5 
     percent of each amount appropriated in this title may be used 
     for the expenses of management and oversight of the programs, 
     grants, and activities funded by such appropriation, and may 
     be transferred by the head of the Federal department or 
     agency involved to any other appropriate account within the 
     department or agency for that purpose: Provided, That the 
     Secretary will provide a report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     30 days prior to the transfer: Provided further, That funds 
     set aside under this section shall remain available for 
     obligation until September 30, 2012.
       Sec. 404. Technical Corrections to the Energy Independence 
     and Security Act of 2007. (a) Section 543(a) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is 
     amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by striking paragraph (1) and inserting the following:

[[Page H1315]]

       ``(1) 34 percent to eligible units of local government--
     alternative 1, in accordance with subsection (b);
       ``(2) 34 percent to eligible units of local government--
     alternative 2, in accordance with subsection (b);''.
       (b) Section 543(b) of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17153(b)) is amended by striking 
     ``subsection (a)(1)'' and inserting ``subsection (a)(1) or 
     (2)''.
       (c) Section 548(a)(1) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending by 
     striking ``; provided'' and all that follows through 
     ``541(3)(B)''.
       Sec. 405. Amendments to Title XIII of the Energy 
     Independence and Security Act of 2007. Title XIII of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 17381 
     and following) is amended as follows:
       (1) By amending subparagraph (A) of section 1304(b)(3) to 
     read as follows:
       ``(A) In general.--In carrying out the initiative, the 
     Secretary shall provide financial support to smart grid 
     demonstration projects in urban, suburban, tribal, and rural 
     areas, including areas where electric system assets are 
     controlled by nonprofit entities and areas where electric 
     system assets are controlled by investor-owned utilities.''.
       (2) By amending subparagraph (C) of section 1304(b)(3) to 
     read as follows:
       ``(C) Federal share of cost of technology investments.--The 
     Secretary shall provide to an electric utility described in 
     subparagraph (B) or to other parties financial assistance for 
     use in paying an amount equal to not more than 50 percent of 
     the cost of qualifying advanced grid technology investments 
     made by the electric utility or other party to carry out a 
     demonstration project.''.
       (3) By inserting after section 1304(b)(3)(D) the following 
     new subparagraphs:
       ``(E) Availability of data.--The Secretary shall establish 
     and maintain a smart grid information clearinghouse in a 
     timely manner which will make data from smart grid 
     demonstration projects and other sources available to the 
     public. As a condition of receiving financial assistance 
     under this subsection, a utility or other participant in a 
     smart grid demonstration project shall provide such 
     information as the Secretary may require to become available 
     through the smart grid information clearinghouse in the form 
     and within the timeframes as directed by the Secretary. The 
     Secretary shall assure that business proprietary information 
     and individual customer information is not included in the 
     information made available through the clearinghouse.
       ``(F) Open protocols and standards.--The Secretary shall 
     require as a condition of receiving funding under this 
     subsection that demonstration projects utilize open protocols 
     and standards (including Internet-based protocols and 
     standards) if available and appropriate.''.
       (4) By amending paragraph (2) of section 1304(c) to read as 
     follows:
       ``(2) to carry out subsection (b), such sums as may be 
     necessary.''.
       (5) By amending subsection (a) of section 1306 by striking 
     ``reimbursement of one-fifth (20 percent)'' and inserting 
     ``grants of up to one-half (50 percent)''.
       (6) By striking the last sentence of subsection (b)(9) of 
     section 1306.
       (7) By striking ``are eligible for'' in subsection (c)(1) 
     of section 1306 and inserting ``utilize''.
       (8) By amending subsection (e) of section 1306 to read as 
     follows:
       ``(e) Procedures and Rules.--(1) The Secretary shall, 
     within 60 days after the enactment of the American Recovery 
     and Reinvestment Act of 2009, by means of a notice of intent 
     and subsequent solicitation of grant proposals--
       ``(A) establish procedures by which applicants can obtain 
     grants of not more than one-half of their documented costs;
       ``(B) require as a condition of receiving funding under 
     this subsection that demonstration projects utilize open 
     protocols and standards (including Internet-based protocols 
     and standards) if available and appropriate;
       ``(C) establish procedures to ensure that there is no 
     duplication or multiple payment for the same investment or 
     costs, that the grant goes to the party making the actual 
     expenditures for the qualifying Smart Grid investments, and 
     that the grants made have a significant effect in encouraging 
     and facilitating the development of a smart grid;
       ``(D) establish procedures to ensure there will be public 
     records of grants made, recipients, and qualifying Smart Grid 
     investments which have received grants; and
       ``(E) establish procedures to provide advance payment of 
     moneys up to the full amount of the grant award.
       ``(2) The Secretary shall have discretion and exercise 
     reasonable judgment to deny grants for investments that do 
     not qualify.''.
       Sec. 406. Renewable Energy and Electric Power Transmission 
     Loan Guarantee Program. (a) Amendment.--Title XVII of the 
     Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is 
     amended by adding the following at the end:

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

       ``(a) In General.--Notwithstanding section 1703, the 
     Secretary may make guarantees under this section only for the 
     following categories of projects that commence construction 
     not later than September 30, 2011:
       ``(1) Renewable energy systems, including incremental 
     hydropower, that generate electricity or thermal energy, and 
     facilities that manufacture related components.
       ``(2) Electric power transmission systems, including 
     upgrading and reconductoring projects.
       ``(3) Leading edge biofuel projects that will use 
     technologies performing at the pilot or demonstration scale 
     that the Secretary determines are likely to become commercial 
     technologies and will produce transportation fuels that 
     substantially reduce life-cycle greenhouse gas emissions 
     compared to other transportation fuels.
       ``(b) Factors Relating to Electric Power Transmission 
     Systems.--In determining to make guarantees to projects 
     described in subsection (a)(2), the Secretary may consider 
     the following factors:
       ``(1) The viability of the project without guarantees.
       ``(2) The availability of other Federal and State 
     incentives.
       ``(3) The importance of the project in meeting reliability 
     needs.
       ``(4) The effect of the project in meeting a State or 
     region's environment (including climate change) and energy 
     goals.
       ``(c) Wage Rate Requirements.--The Secretary shall require 
     that each recipient of support under this section provide 
     reasonable assurance that all laborers and mechanics employed 
     in the performance of the project for which the assistance is 
     provided, including those employed by contractors or 
     subcontractors, will be paid wages at rates not less than 
     those prevailing on similar work in the locality as 
     determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of part A of subtitle II of title 
     40, United States Code (commonly referred to as the `Davis-
     Bacon Act').
       ``(d) Limitation.--Funding under this section for projects 
     described in subsection (a)(3) shall not exceed $500,000,000.
       ``(e) Sunset.--The authority to enter into guarantees under 
     this section shall expire on September 30, 2011.''.
       (b) Table of Contents Amendment.--The table of contents for 
     the Energy Policy Act of 2005 is amended by inserting after 
     the item relating to section 1704 the following new item:

``Sec. 1705. Temporary program for rapid deployment of renewable energy 
              and electric power transmission projects.''.
       Sec. 407. Weatherization Assistance Program Amendments. (a) 
     Income Level.--Section 412(7) of the Energy Conservation and 
     Production Act (42 U.S.C. 6862(7)) is amended by striking 
     ``150 percent'' both places it appears and inserting ``200 
     percent''.
       (b) Assistance Level Per Dwelling Unit.--Section 415(c)(1) 
     of the Energy Conservation and Production Act (42 U.S.C. 
     6865(c)(1)) is amended by striking ``$2,500'' and inserting 
     ``$6,500''.
       (c) Effective Use of Funds.--In providing funds made 
     available by this Act for the Weatherization Assistance 
     Program, the Secretary may encourage States to give priority 
     to using such funds for the most cost-effective efficiency 
     activities, which may include insulation of attics, if, in 
     the Secretary's view, such use of funds would increase the 
     effectiveness of the program.
       (d) Training and Technical Assistance.--Section 416 of the 
     Energy Conservation and Production Act (42 U.S.C. 6866) is 
     amended by striking ``10 percent'' and inserting ``up to 20 
     percent''.
       (e) Assistance for Previously Weatherized Dwelling Units.--
     Section 415(c)(2) of the Energy Conservation and Production 
     Act (42 U.S.C. 6865(c)(2)) is amended by striking ``September 
     30, 1979'' and inserting ``September 30, 1994''.
       Sec. 408. Technical Corrections to Public Utility 
     Regulatory Policies Act of 1978. (a) Section 111(d) of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2621(d)) is amended by redesignating paragraph (16) relating 
     to consideration of smart grid investments (added by section 
     1307(a) of Public Law 110-140) as paragraph (18) and by 
     redesignating paragraph (17) relating to smart grid 
     information (added by section 1308(a) of Public Law 110-140) 
     as paragraph (19).
       (b) Subsections (b) and (d) of section 112 of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) are 
     each amended by striking ``(17) through (18)'' in each place 
     it appears and inserting ``(16) through (19)''.
       Sec. 409. Renewable Electricity Transmission Study. In 
     completing the 2009 National Electric Transmission Congestion 
     Study, the Secretary of Energy shall include--
       (1) an analysis of the significant potential sources of 
     renewable energy that are constrained in accessing 
     appropriate market areas by lack of adequate transmission 
     capacity;
       (2) an analysis of the reasons for failure to develop the 
     adequate transmission capacity;
       (3) recommendations for achieving adequate transmission 
     capacity;
       (4) an analysis of the extent to which legal challenges 
     filed at the State and Federal level are delaying the 
     construction of transmission necessary to access renewable 
     energy; and
       (5) an explanation of assumptions and projections made in 
     the Study, including--
       (A) assumptions and projections relating to energy 
     efficiency improvements in each load center;
       (B) assumptions and projections regarding the location and 
     type of projected new generation capacity; and
       (C) assumptions and projections regarding projected 
     deployment of distributed generation infrastructure.
       Sec. 410. Additional State Energy Grants. (a) In General.--
     Amounts appropriated under the heading ``Department of 
     Energy--Energy Programs--Energy Efficiency and Renewable 
     Energy'' in this title shall be available to the Secretary of 
     Energy for making additional grants under part D of title III 
     of the Energy Policy and Conservation Act (42 U.S.C. 6321 et 
     seq.). The Secretary shall make grants under this section in 
     excess of the base allocation established for a State under 
     regulations issued

[[Page H1316]]

     pursuant to the authorization provided in section 365(f) of 
     such Act only if the governor of the recipient State notifies 
     the Secretary of Energy in writing that the governor has 
     obtained necessary assurances that each of the following will 
     occur:
       (1) The applicable State regulatory authority will seek to 
     implement, in appropriate proceedings for each electric and 
     gas utility, with respect to which the State regulatory 
     authority has ratemaking authority, a general policy that 
     ensures that utility financial incentives are aligned with 
     helping their customers use energy more efficiently and that 
     provide timely cost recovery and a timely earnings 
     opportunity for utilities associated with cost-effective 
     measurable and verifiable efficiency savings, in a way that 
     sustains or enhances utility customers' incentives to use 
     energy more efficiently.
       (2) The State, or the applicable units of local government 
     that have authority to adopt building codes, will implement 
     the following:
       (A) A building energy code (or codes) for residential 
     buildings that meets or exceeds the most recently published 
     International Energy Conservation Code, or achieves 
     equivalent or greater energy savings.
       (B) A building energy code (or codes) for commercial 
     buildings throughout the State that meets or exceeds the 
     ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieves equivalent 
     or greater energy savings.
       (C) A plan for the jurisdiction achieving compliance with 
     the building energy code or codes described in subparagraphs 
     (A) and (B) within 8 years of the date of enactment of this 
     Act in at least 90 percent of new and renovated residential 
     and commercial building space. Such plan shall include active 
     training and enforcement programs and measurement of the rate 
     of compliance each year.
       (3) The State will to the extent practicable prioritize the 
     grants toward funding energy efficiency and renewable energy 
     programs, including--
       (A) the expansion of existing energy efficiency programs 
     approved by the State or the appropriate regulatory 
     authority, including energy efficiency retrofits of buildings 
     and industrial facilities, that are funded--
       (i) by the State; or
       (ii) through rates under the oversight of the applicable 
     regulatory authority, to the extent applicable;
       (B) the expansion of existing programs, approved by the 
     State or the appropriate regulatory authority, to support 
     renewable energy projects and deployment activities, 
     including programs operated by entities which have the 
     authority and capability to manage and distribute grants, 
     loans, performance incentives, and other forms of financial 
     assistance; and
       (C) cooperation and joint activities between States to 
     advance more efficient and effective use of this funding to 
     support the priorities described in this paragraph.
       (b) State Match.--The State cost share requirement under 
     the item relating to ``Department of Energy; Energy 
     Conservation'' in title II of the Department of the Interior 
     and Related Agencies Appropriations Act, 1985 (42 U.S.C. 
     6323a; 98 Stat. 1861) shall not apply to assistance provided 
     under this section.
       (c) Equipment and Materials for Energy Efficiency Measures 
     and Renewable Energy Measures.--No limitation on the 
     percentage of funding that may be used for the purchase and 
     installation of equipment and materials for energy efficiency 
     measures and renewable energy measures under grants provided 
     under part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321 et seq.) shall apply to 
     assistance provided under this section.

           TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

           Treasury Inspector General for Tax Administration


                         SALARIES AND EXPENSES

       For an additional amount for necessary expenses of the 
     Treasury Inspector General for Tax Administration in carrying 
     out the Inspector General Act of 1978, $7,000,000, to remain 
     available until September 30, 2013, for oversight and audits 
     of the administration of the making work pay tax credit and 
     economic recovery payments under the American Recovery and 
     Reinvestment Act of 2009.

   Community Development Financial Institutions Fund Program Account

       For an additional amount for ``Community Development 
     Financial Institutions Fund Program Account'', $100,000,000, 
     to remain available until September 30, 2010, for qualified 
     applicants under the fiscal year 2009 funding round of the 
     Community Development Financial Institutions Program, of 
     which up to $8,000,000 may be for financial assistance, 
     technical assistance, training and outreach programs designed 
     to benefit Native American, Native Hawaiian, and Alaskan 
     Native communities and provided primarily through qualified 
     community development lender organizations with experience 
     and expertise in community development banking and lending in 
     Indian country, Native American organizations, tribes and 
     tribal organizations and other suitable providers and up to 
     $2,000,000 may be used for administrative expenses: Provided, 
     That for the purpose of the fiscal year 2009 funding round, 
     the following statutory provisions are hereby waived: 12 
     U.S.C. 4707(e) and 12 U.S.C. 4707(d): Provided further, That 
     no awardee, together with its subsidiaries and affiliates, 
     may be awarded more than 5 percent of the aggregate funds 
     available during fiscal year 2009 from the Community 
     Development Financial Institutions Program: Provided further, 
     That no later than 60 days after the date of enactment of 
     this Act, the Department of the Treasury shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a detailed expenditure plan for funds provided 
     under this heading.

                        Internal Revenue Service


               HEALTH INSURANCE TAX CREDIT ADMINISTRATION

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

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities


                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $5,550,000,000, to carry out the purposes of 
     the Fund, of which not less than $750,000,000 shall be 
     available for Federal buildings and United States 
     courthouses, not less than $300,000,000 shall be available 
     for border stations and land ports of entry, and not less 
     than $4,500,000,000 shall be available for measures necessary 
     to convert GSA facilities to High-Performance Green 
     Buildings, as defined in section 401 of Public Law 110-140: 
     Provided, That not to exceed $108,000,000 of the amounts 
     provided under this heading may be expended for rental of 
     space, related to leasing of temporary space in connection 
     with projects funded under this heading: Provided further, 
     That not to exceed $127,000,000 of the amounts provided under 
     this heading may be expended for building operations, for the 
     administrative costs of completing projects funded under this 
     heading: Provided further, That not to exceed $3,000,000 of 
     the funds provided shall be for on-the-job pre-apprenticeship 
     and apprenticeship training programs registered with the 
     Department of Labor, for the construction, repair, and 
     alteration of Federal buildings: Provided further, That not 
     less than $5,000,000,000 of the funds provided under this 
     heading shall be obligated by September 30, 2010, and the 
     remainder of the funds provided under this heading shall be 
     obligated not later than September 30, 2011: Provided 
     further, That, hereafter, the Administrator of General 
     Services is authorized to initiate design, construction, 
     repair, alteration, and other projects through existing 
     authorities of the Administrator: Provided further, That the 
     General Services Administration shall submit a detailed plan, 
     by project, regarding the use of funds made available in this 
     Act to the Committees on Appropriations of the House of 
     Representatives and the Senate within 45 days of enactment of 
     this Act, and shall provide notification to the Committees 
     within 15 days prior to any changes regarding the use of 
     these funds: Provided further, That, hereafter, the 
     Administrator shall report to the Committees on the 
     obligation of these funds on a quarterly basis beginning on 
     June 30, 2009: Provided further, That of the amounts 
     provided, $4,000,000 shall be transferred to and merged with 
     ``Government-Wide Policy'', for the Office of Federal High-
     Performance Green Buildings as authorized in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140): 
     Provided further, That amounts provided under this heading 
     that are savings or cannot be used for the activity for which 
     originally obligated may be deobligated and, notwithstanding 
     any other provision of law, reobligated for the purposes 
     identified in the plan required under this heading not less 
     than 15 days after notification has been provided to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

        Energy-Efficient Federal Motor Vehicle Fleet Procurement

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

                      Office of Inspector General

       For an additional amount for the Office of the Inspector 
     General, to remain available until September 30, 2013, for 
     oversight and audit of programs, grants, and projects funded 
     under this title, $7,000,000.

           RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD

       For necessary expenses of the Recovery Act Accountability 
     and Transparency Board to carry out the provisions of title 
     XV of this Act, $84,000,000, to remain available until 
     September 30, 2011.

                     SMALL BUSINESS ADMINISTRATION

                         Salaries and Expenses

       For an additional amount, to remain available until 
     September 30, 2010, $69,000,000, of which $24,000,000 is for 
     marketing, management, and technical assistance under section 
     7(m) of the

[[Page H1317]]

     Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries 
     that make microloans under the microloan program, and of 
     which $20,000,000 is for improving, streamlining, and 
     automating information technology systems related to lender 
     processes and lender oversight: Provided, That no later than 
     60 days after the date of enactment of this Act, the Small 
     Business Administration shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a detailed expenditure plan for funds provided under the 
     heading ``Small Business Administration'' in this Act.

                      Office of Inspector General

       For an additional amount for the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $10,000,000, to remain available until 
     September 30, 2013, for oversight and audit of programs, 
     grants, and projects funded under this title.

                 Surety Bond Guarantees Revolving Fund

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

                     Business Loans Program Account

       For an additional amount for the cost of direct loans, 
     $6,000,000, to remain available until September 30, 2010, and 
     for an additional amount for the cost of guaranteed loans, 
     $630,000,000, to remain available until September 30, 2010: 
     Provided, That of the amount for the cost of guaranteed 
     loans, $375,000,000 shall be for reimbursements, loan 
     subsidies and loan modifications for loans to small business 
     concerns authorized in section 501 of this title; and 
     $255,000,000 shall be for loan subsidies and loan 
     modifications for loans to small business concerns authorized 
     in section 506 of this title: Provided further, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974.

        Administrative Provisions--Small Business Administration

       Sec. 501. Fee Reductions. (a) Administrative Provisions 
     Small Business Administration.--Until September 30, 2010, and 
     to the extent that the cost of such elimination or reduction 
     of fees is offset by appropriations, with respect to each 
     loan guaranteed under section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a)) and section 502 of this title, for which 
     the application is approved on or after the date of enactment 
     of this Act, the Administrator shall--
       (1) in lieu of the fee otherwise applicable under section 
     7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)), collect no fee or reduce fees to the maximum 
     extent possible; and
       (2) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)), collect no fee or reduce fees to the maximum 
     extent possible.
       (b) Temporary Fee Elimination for the 504 Loan Program.--
       (1) In general.--Until September 30, 2010, and to the 
     extent the cost of such elimination in fees is offset by 
     appropriations, with respect to each project or loan 
     guaranteed by the Administrator pursuant to title V of the 
     Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) 
     for which an application is approved or pending approval on 
     or after the date of enactment of this Act--
       (A) the Administrator shall, in lieu of the fee otherwise 
     applicable under section 503(d)(2) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee;
       (B) a development company shall, in lieu of the processing 
     fee under section 120.971(a)(1) of title 13, Code of Federal 
     Regulations (relating to fees paid by borrowers), or any 
     successor thereto, collect no fee.
       (2) Reimbursement for waived fees.--
       (A) In general.--To the extent that the cost of such 
     payments is offset by appropriations, the Administrator shall 
     reimburse each development company that does not collect a 
     processing fee pursuant to paragraph (1)(B).
       (B) Amount.--The payment to a development company under 
     subparagraph (A) shall be in an amount equal to 1.5 percent 
     of the net debenture proceeds for which the development 
     company does not collect a processing fee pursuant to 
     paragraph (1)(B).
       (c) Application of Fee Eliminations.--
       (1) To the extent that amounts are made available to the 
     Administrator for the purpose of fee eliminations or 
     reductions under subsection (a), the Administrator shall--
       (A) first use any amounts provided to eliminate or reduce 
     fees paid by small business borrowers under clauses (i) 
     through (iii) of paragraph (18)(A), to the maximum extent 
     possible; and
       (B) then use any amounts provided to eliminate or reduce 
     fees under paragraph (23)(A) paid by small business lenders 
     with assets less than $1,000,000,000 as of the date of 
     enactment; and
       (C) then use any remaining amounts appropriated under this 
     title to reduce fees paid by small business lenders other 
     than those with assets less than $1,000,000,000.
       (2) The Administrator shall eliminate fees under 
     subsections (a) and (b) until the amount provided for such 
     purposes, as applicable, under the heading ``Business Loans 
     Program Account'' under the heading ``Small Business 
     Administration'' under this Act are expended.
       Sec. 502. Economic Stimulus Lending Program for Small 
     Businesses. (a) Purpose.--The purpose of this section is to 
     permit the Small Business Administration to guarantee up to 
     90 percent of qualifying small business loans made by 
     eligible lenders.
       (b) Definitions.--For purposes of this section:
       (1) The term ``Administrator'' means the Administrator of 
     the Small Business Administration.
       (2) The term ``qualifying small business loan'' means any 
     loan to a small business concern pursuant to section 7(a) of 
     the Small Business Act (15 U.S.C. 636) or title V of the 
     Small Business Investment Act of 1958 (15 U.S.C. 695 and 
     following) except for such loans made under section 7(a)(31).
       (3) The term ``small business concern'' has the same 
     meaning as provided by section 3 of the Small Business Act 
     (15 U.S.C. 632).
       (c) Qualified Borrowers.--
       (1) Aliens unlawfully present in the united states.--A loan 
     guarantee may not be made under this section for a loan made 
     to a concern if an individual who is an alien unlawfully 
     present in the United States--
       (A) has an ownership interest in that concern; or
       (B) has an ownership interest in another concern that 
     itself has an ownership interest in that concern.
       (2) Firms in violation of immigration laws.--No loan 
     guarantee may be made under this section for a loan to any 
     entity found, based on a determination by the Secretary of 
     Homeland Security or the Attorney General to have engaged in 
     a pattern or practice of hiring, recruiting or referring for 
     a fee, for employment in the United States an alien knowing 
     the person is an unauthorized alien.
       (d) Criminal Background Checks.--Prior to the approval of 
     any loan guarantee under this section, the Administrator may 
     verify the applicant's criminal background, or lack thereof, 
     through the best available means, including, if possible, use 
     of the National Crime Information Center computer system at 
     the Federal Bureau of Investigation.
       (e) Application of Other Law.--Nothing in this section 
     shall be construed to exempt any activity of the 
     Administrator under this section from the Federal Credit 
     Reform Act of 1990 (title V of the Congressional Budget and 
     Impoundment Control Act of 1974; 2 U.S.C. 661 and following).
       (f) Sunset.--Loan guarantees may not be issued under this 
     section after the date 12 months after the date of enactment 
     of this Act.
       (g) Small Business Act Provisions.--The provisions of the 
     Small Business Act applicable to loan guarantees under 
     section 7 of that Act and regulations promulgated thereunder 
     as of the date of enactment of this Act shall apply to loan 
     guarantees under this section except as otherwise provided in 
     this section.
       (h) Authorization.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this section.
       Sec. 503. Establishment of SBA Secondary Market Guarantee 
     Authority. (a) Purpose.--The purpose of this section is to 
     provide the Administrator with the authority to establish the 
     SBA Secondary Market Guarantee Authority within the SBA to 
     provide a Federal guarantee for pools of first lien 504 loans 
     that are to be sold to third-party investors.
       (b) Definitions.--For purposes of this section:
       (1) The term ``Administrator'' means the Administrator of 
     the Small Business Administration.
       (2) The term ``first lien position 504 loan'' means the 
     first mortgage position, non-federally guaranteed loans made 
     by private sector lenders made under title V of the Small 
     Business Investment Act.
       (c) Establishment of Authority.--
       (1) Organization.--
       (A) The Administrator shall establish a Secondary Market 
     Guarantee Authority within the Small Business Administration.
       (B) The Administrator shall appoint a Director of the 
     Authority who shall report to the Administrator.
       (C) The Administrator is authorized to hire such personnel 
     as are necessary to operate the Authority and may contract 
     such operations of the Authority as necessary to qualified 
     third party companies or individuals.
       (D) The Administrator is authorized to contract with 
     private sector fiduciary and custom dial agents as necessary 
     to operate the Authority.
       (2) Guarantee process.--
       (A) The Administrator shall establish, by rule, a process 
     in which private sector entities may apply to the 
     Administration for a Federal guarantee on pools of first lien 
     position 504 loans that are to be sold to third-party 
     investors.
       (B) The Administrator is authorized to contract with 
     private sector fiduciary and custom dial agents as necessary 
     to operate the Authority.
       (3) Responsibilities.--
       (A) The Administrator shall establish, by rule, a process 
     in which private sector entities may apply to the SBA for a 
     Federal guarantee on pools of first lien position 504 loans 
     that are to be sold to third-party investors.
       (B) The rule under this section shall provide for a process 
     for the Administrator to consider and make decisions 
     regarding whether to extend a Federal guarantee referred to 
     in clause (i). Such rule shall also provide that:
       (i) The seller of the pools purchasing a guarantee under 
     this section retains not less than 5 percent of the dollar 
     amount of the pools to be sold to third-party investors.
       (ii) The Administrator shall charge fees, upfront or 
     annual, at a specified percentage of the loan amount that is 
     at such a rate that the cost of the program under the Federal 
     Credit Reform Act of 1990 (title V of the Congressional 
     Budget and Impoundment Control Act of 1974; 2 U.S.C. 661) 
     shall be equal to zero.
       (iii) The Administrator may guarantee not more than 
     $3,000,000,000 of pools under this authority.
       (C) The Administrator shall establish documents, legal 
     covenants, and other required documentation to protect the 
     interests of the United States.
       (D) The Administrator shall establish a process to receive 
     and disburse funds to entities under the authority 
     established in this section.

[[Page H1318]]

       (d) Limitations.--
       (1) The Administrator shall ensure that entities purchasing 
     a guarantee under this section are using such guarantee for 
     the purpose of selling 504 first lien position pools to 
     third-party investors.
       (2) If the Administrator finds that any such guarantee was 
     used for a purpose other than that specified in paragraph 
     (1), the Administrator shall--
       (A) prohibit the purchaser of the guarantee or its 
     affiliates (within the meaning of the regulations under 13 
     CFR 121.103) from using the authority of this section in the 
     future; and
       (B) take any other actions the Administrator, in 
     consultation with the Attorney General of the United States 
     deems appropriate.
       (e) Oversight.--The Administrator shall submit a report to 
     Congress not later than the third business day of each month 
     setting forth each of the following:
       (1) The aggregate amount of guarantees extended under this 
     section during the preceding month.
       (2) The aggregate amount of guarantees outstanding.
       (3) Defaults and payments on defaults made under this 
     section.
       (4) The identity of each purchaser of a guarantee found by 
     the Administrator to have misused guarantees under this 
     section.
       (5) Any other information the Administrator deems necessary 
     to fully inform Congress of undue risk to the United States 
     associated with the issuance of guarantees under this 
     section.
       (f) Duration of Program.--The authority of this section 
     shall terminate on the date 2 years after the date of 
     enactment of this section.
       (g) Funding.--Such sums as necessary are authorized to be 
     appropriated to carry out the provisions of this section.
       (h) Budget Treatment.--Nothing in this section shall be 
     construed to exempt any activity of the Administrator under 
     this section from the Federal Credit Reform Act of 1990 
     (title V of the Congressional Budget and Impoundment Control 
     Act of 1974; 2 U.S.C. 661 and following).
       (i) Emergency Rulemaking Authority.--The Administrator 
     shall issue regulations under this section within 15 days 
     after the date of enactment of this section. The notice 
     requirements of section 553(b) of title 5, United States Code 
     shall not apply to the promulgation of such regulations.
       Sec. 504. Stimulus for Community Development Lending. (a) 
     Low Interest Refinancing Under the Local Development Business 
     Loan Program.--Section 502 of the Small Business Investment 
     Act of 1958 (15 U.S.C. 696) is amended by adding at the end 
     the following:
       ``(7) Permissible debt refinancing.--
       ``(A) In general.--Any financing approved under this title 
     may include a limited amount of debt refinancing.
       ``(B) Expansions.--If the project involves expansion of a 
     small business concern, any amount of existing indebtedness 
     that does not exceed 50 percent of the project cost of the 
     expansion may be refinanced and added to the expansion cost, 
     if--
       ``(i) the proceeds of the indebtedness were used to acquire 
     land, including a building situated thereon, to construct a 
     building thereon, or to purchase equipment;
       ``(ii) the existing indebtedness is collateralized by fixed 
     assets;
       ``(iii) the existing indebtedness was incurred for the 
     benefit of the small business concern;
       ``(iv) the financing under this title will be used only for 
     refinancing existing indebtedness or costs relating to the 
     project financed under this title;
       ``(v) the financing under this title will provide a 
     substantial benefit to the borrower when prepayment 
     penalties, financing fees, and other financing costs are 
     accounted for;
       ``(vi) the borrower has been current on all payments due on 
     the existing debt for not less than 1 year preceding the date 
     of refinancing; and
       ``(vii) the financing under section 504 will provide better 
     terms or rate of interest than the existing indebtedness at 
     the time of refinancing.''.
       (b) Job Creation Goals.--Section 501(e)(1) and section 
     501(e)(2) of the Small Business Investment Act (15 U.S.C. 
     695) are each amended by striking ``$50,000'' and inserting 
     ``$65,000''.
       Sec. 505. Increasing Small Business Investment. (a) 
     Simplified Maximum Leverage Limits.--Section 303(b) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is 
     amended as follows:
       (1) By striking so much of paragraph (2) as precedes 
     subparagraphs (C) and (D) and inserting the following:
       ``(2) Maximum leverage.--
       ``(A) In general.--The maximum amount of outstanding 
     leverage made available to any one company licensed under 
     section 301(c) of this Act may not exceed the lesser of--
       ``(i) 300 percent of such company's private capital; or
       ``(ii) $150,000,000.
       ``(B) Multiple licenses under common control.--The maximum 
     amount of outstanding leverage made available to two or more 
     companies licensed under section 301(c) of this Act that are 
     commonly controlled (as determined by the Administrator) and 
     not under capital impairment may not exceed $225,000,000.'';
       (2) By amending paragraph (2)(C) by inserting ``(i)'' 
     before ``In calculating'' and adding the following at the end 
     thereof:
       ``(ii) The maximum amount of outstanding leverage made 
     available to--

       ``(I) any 1 company described in clause (iii) may not 
     exceed the lesser of 300 percent of private capital of the 
     company, or $175,000,000; and
       ``(II) 2 or more companies described in clause (iii) that 
     are under common control (as determined by the Administrator) 
     may not exceed $250,000,000.
       ``(iii) A company described in this clause is a company 
     licensed under section 301(c) in the first fiscal year after 
     the date of enactment of this clause or any fiscal year 
     thereafter that certifies in writing that not less than 50 
     percent of the dollar amount of investments of that company 
     shall be made in companies that are located in a low-income 
     geographic area (as that term is defined in section 351).''.

       (3) By striking paragraph (4).
       (b) Simplified Aggregate Investment Limitations.--Section 
     306(a) of the Small Business Investment Act of 1958 (15 
     U.S.C. 686(a)) is amended to read as follows:
       ``(a) Percentage Limitation on Private Capital.--If any 
     small business investment company has obtained financing from 
     the Administrator and such financing remains outstanding, the 
     aggregate amount of securities acquired and for which 
     commitments may be issued by such company under the 
     provisions of this title for any single enterprise shall not, 
     without the approval of the Administrator, exceed 10 percent 
     of the sum of--
       ``(1) the private capital of such company; and
       ``(2) the total amount of leverage projected by the company 
     in the company's business plan that was approved by the 
     Administrator at the time of the grant of the company's 
     license.''.
       (c) Investments in Smaller Enterprises.--Section 303(d) of 
     the Small Business Investment Act of 1958 (15 U.S.C. 683(d)) 
     is amended to read as follows:
       ``(d) Investments in Smaller Enterprises.--The 
     Administrator shall require each licensee, as a condition of 
     approval of an application for leverage, to certify in 
     writing that not less than 25 percent of the aggregate dollar 
     amount of financings of that licensee shall be provided to 
     smaller enterprises.''.
       Sec. 506. Business Stabilization Program. (a) In General.--
     Subject to the availability of appropriations, the 
     Administrator of the Small Business Administration shall 
     carry out a program to provide loans on a deferred basis to 
     viable (as such term is determined pursuant to regulation by 
     the Administrator of the Small Business Administration) small 
     business concerns that have a qualifying small business loan 
     and are experiencing immediate financial hardship.
       (b) Eligible Borrower.--A small business concern as defined 
     under section 3 of the Small Business Act (15 U.S.C. 632).
       (c) Qualifying Small Business Loan.--A loan made to a small 
     business concern that meets the eligibility standards in 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) but 
     shall not include loans guarantees (or loan guarantee 
     commitments made) by the Administrator prior to the date of 
     enactment of this Act.
       (d) Loan Size.--Loans guaranteed under this section may not 
     exceed $35,000.
       (e) Purpose.--Loans guaranteed under this program shall be 
     used to make periodic payment of principal and interest, 
     either in full or in part, on an existing qualifying small 
     business loan for a period of time not to exceed 6 months.
       (f) Loan Terms.--Loans made under this section shall:
       (1) carry a 100 percent guaranty; and
       (2) have interest fully subsidized for the period of 
     repayment.
       (g) Repayment.--Repayment for loans made under this section 
     shall--
       (1) be amortized over a period of time not to exceed 5 
     years; and
       (2) not begin until 12 months after the final disbursement 
     of funds is made.
       (h) Collateral.--The Administrator of the Small Business 
     Administration may accept any available collateral, including 
     subordinated liens, to secure loans made under this section.
       (i) Fees.--The Administrator of the Small Business 
     Administration is prohibited from charging any processing 
     fees, origination fees, application fees, points, brokerage 
     fees, bonus points, prepayment penalties, and other fees that 
     could be charged to a loan applicant for loans under this 
     section.
       (j) Sunset.--The Administrator of the Small Business 
     Administration shall not issue loan guarantees under this 
     section after September 30, 2010.
       (k) Emergency Rulemaking Authority.--The Administrator of 
     the Small Business Administration shall issue regulations 
     under this section within 15 days after the date of enactment 
     of this section. The notice requirements of section 553(b) of 
     title 5, United States Code shall not apply to the 
     promulgation of such regulations.

     SEC. 507. GAO REPORT.

       (a) Report.--Not later than 60 days after the enactment of 
     this Act, the Comptroller General of the United States shall 
     report to the Congress on the actions of the Administrator in 
     implementing the authorities established in the 
     administrative provisions of this title.
       (b) Included Item.--The report under this section shall 
     include a summary of the activity of the Administrator under 
     this title and an analysis of whether he is accomplishing the 
     purpose of increasing liquidity in the secondary market for 
     Small Business Administration loans.

     SEC. 508. SURETY BONDS.

       (a) Maximum Bond Amount.--Section 4119a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended--
       (1) by inserting ``(A)'' after ``(1)'';
       (2) by striking ``$2,000,000'' and inserting ``$5,00,000''; 
     and
       (3) by adding at the end the following:
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract amount 
     that does not exceed $10,000,000, if a contracting officer of 
     a Federal agency certifies that such a guarantee is 
     necessary.''.
       (b) Denial of Liability.--
       Section 411 of the Small Business Investment Act of 1958 
     (15 U.S.C. 694b) is amended

[[Page H1319]]

       (1) by striking subsection (c) and inserting the following:
       ``(c) Reimbursement of surety; conditions
       Pursuant to any such guarantee or agreement, the 
     Administration shall reimburse the surety, as provided in 
     subsection (c) of this section, except that the 
     Administration shall be relieved of liability (in whole or in 
     part within the discretion of the Administration) if--
       (1) the surety obtained such guarantee or agreement, or 
     applied for such reimbursement, by fraud or material 
     misrepresentation,
       (2) the total contract amount at the time of execution of 
     the bond or bonds exceeds $5,000,000,
       (3) the surety has breached a material term or condition of 
     such guarantee agreement, or
       (4) the surety has substantially violated the regulations 
     promulgated by the Administration pursuant to subsection 
     (d).''
       (2) by adding at the end the following:
       ``(k) For bonds made or executed with the prior approval of 
     the Administration, the Administration shall not deny 
     liability to a surety based upon material information that 
     was provided as part of the guaranty application.''
       (c) Size Standards.--Section 410 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694a) is amended by adding 
     at the end the following:
       ``(9) Notwithstanding any other provision of law or any 
     rule, regulation, or order of the Administration, for 
     purposes of sections 410, 411, and 412 the term `small 
     business concern' means a business concern that meets the 
     size standard for the primary industry in which such business 
     concern, and the affiliates of such business concern, is 
     engaged, as determined by the Administrator in accordance 
     with the North American Industry Classification System.''.
       (d) Study The Administrator of the Small Business 
     Administration shall conduct a study of the current funding 
     structure of the surety bond program carried out under part B 
     (15 U.S.C. 694a et seq.) of title IV of the Small Business 
     Investment Act of 1958. The study shall include--
       (1) an assessment of whether the program's current funding 
     framework and program fees are inhibiting the program's 
     growth:
       (2) an assessment of whether surety companies and small 
     business concerns could benefit from an alternative funding 
     structure; and
       (e) Report--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study required under 
     subsection (d).
       (f) Sunset--The amendments made by this section shall 
     remain in effect until September 30, 2010.

     SEC. 509. ESTABLISHMENT OF SBA SECONDARY MARKET LENDING 
                   AUTHORITY

       (a) Purpose.--The purpose of this section is to provide the 
     Small Business Administration with the authority to establish 
     a Secondary Market Lending Authority within the SBA to make 
     loans to the systemically important SBA secondary market 
     broker-dealers who operate the SBA secondary market.
       (b) Definitions.--For purposes of this section.
       (1) The term `` Administrator'' means the Administrator of 
     the SBA.
       (2) The term ``SBA'' means the Small Business 
     Administration.
       (3) The terms ``Secondary Market Lending Authority'' and 
     ``Authority'' mean the office established under subsection 
     (c).
       (4) The term ``SBA secondary market'' means the market for 
     the purchase and sale of loans originated, underwritten, and 
     closed under the Small Business Act.
       (5) The term ``Systemically Important Secondary Market 
     Broker-Dealers'' mean those entities designated under 
     subsection (c)(1) as vital to the continued operation of the 
     SBA secondary market by reason of their purchase and sale of 
     the government guaranteed portion of loans, or pools of 
     loans, originated, underwritten, and closed under the Small 
     Business Act.
       (c) Responsibilities, Authorities, Organization, and 
     Limitations.--
       (1) Designation of systemically important sba secondary 
     market broker-dealers.--The Administrator shall establish a 
     process to designate, in consultation with the Board of 
     Governors of the Federal Reserve and the Secretary of the 
     Treasury, Systemically Important Secondary Market Broker-
     Dealers.
       (2)Establishment of sba secondary market lending 
     authority.--
       (A) Organization.--
       (i) The Administrator shall establish within the SBA an 
     office to provide loans to Systemically Important Secondary 
     Market Broker-dealers to be used for the purpose of financing 
     the inventory of the government guaranteed portion of loans, 
     originated, underwritten, and closed under the Small Business 
     Act or pools of such loans.
       (ii) The Administrator shall appoint a Director of the 
     Authority who shall report to the Administrator.
       (iii) The Administrator is authorized to hire such 
     personnel as are necessary to operate the Authority.
       (iv) The Administrator may contract such Authority 
     operations as he determines necessary to qualified third-
     party companies or individuals.
       (v) The Administrator is authorized to contract with 
     private sector fiduciary and custodial agents as necessary to 
     operate the Authority.
       (B) Loans.--
       (i) The Administrator shall establish by rule a process 
     under which Systemically Important SBA Secondary Market 
     Broker-Dealers designated under paragraph (1) may apply to 
     the Administrator for loans under this section.
       (ii) The rule under clause (i) shall provide a process for 
     the Administrator to consider and make decisions regarding 
     whether or not to extend a loan applied for under this 
     section. Such rule shall include provisions to assure each of 
     the following:
       (I) That loans made under this section are for the sole 
     purpose of financing the inventory of the government 
     guaranteed portion of loans, originated, underwritten, and 
     closed under the Small Business Act or pools of such loans.
       (II) That loans made under this section are fully 
     collateralized to the satisfaction of the Administrator.
       (III) That there is no limit to the frequency in which a 
     borrower may borrow under this section unless the 
     Administrator determines that doing so would create an undue 
     risk of loss to the agency or the United States.
       (IV) That there is no limit on the size of a loan, subject 
     to the discretion of the Administrator.
       (iii) Interest on loans under this section shall not exceed 
     the Federal Funds target rate as established by the Federal 
     Reserve Board of Governors plus 25 basis points.
       (iv) The rule under this section shall provide for such 
     loan documents, legal covenants, collateral requirements and 
     other required documentation as necessary to protect the 
     interests of the agency, the United States, and the taxpayer.
       (v) The Administrator shall establish custodial accounts to 
     safeguard any collateral pledged to the SBA in connection 
     with a loan under this section.
       (vi) The Administrator shall establish a process to 
     disburse and receive funds to and from borrowers under this 
     section.
       (C) Limitations on use of loan proceeds by systemically 
     important secondary market broker-dealers.--The Administrator 
     shall ensure that borrowers under this section are using 
     funds provided under this section only for the purpose 
     specified in subparagraph (B)(ii)(I). If the Administrator 
     finds that such funds were used for any other purpose, the 
     Administrator shall--
       (i) require immediate repayment of outstanding loans;
       (ii) prohibit the borrower, its affiliates, or any future 
     corporate manifestation of the borrower from using the 
     Authority; and
       (iii) take any other actions the Administrator, in 
     consultation with the Attorney General of the United States, 
     deems appropriate.
       (d) Report to Congress.--The Administrator shall submit a 
     report to Congress not later than the third business day of 
     each month containing a statement of each of the following:
       (1) The aggregate loan amounts extended during the 
     preceding month under this section.
       (2) The aggregate loan amounts repaid under this section 
     during the proceeding month.
       (3) The aggregate loan amount outstanding under this 
     section.
       (4) The aggregate value of assets held as collateral under 
     this section;
       (5) The amount of any defaults or delinquencies on loans 
     made under this section.
       (6) The identity of any borrower found by the Administrator 
     to misuse funds made available under this section.
       (7) Any other information the Administrator deems necessary 
     to fully inform Congress of undue risk of financial loss to 
     the United States in connection with loans made under this 
     section.
       (e) Duration.--The authority of this section shall remain 
     in effect for a period of 2 years after the date of enactment 
     of this section.
       (f) Fees.--The Administrator shall charge fees, up front, 
     annual or both, at a specified percentage of the loan amount 
     that is at such a rate that the cost of the program under the 
     Federal Credit Reform Act of 1990 ((title V of the 
     Congressional Budget and Impoundment Control Act of 1974; 2 
     U.S.C. 661) shall be equal to zero.
       (h) Budget Treatment.--Nothing in this section shall be 
     construed to exempt any activity of the Administrator under 
     this section from the Federal Credit Reform Act of 1990 
     (title V of the Congressional Budget and Impoundment Control 
     Act of 1974; 2 U.S.C. 661 and following).
       (i) Emergency Rulemaking Authority.--The Administrator 
     shall promulgate regulations under this section within 30 
     days after the date of enactment of this section. In 
     promulgating these regulations, the Administrator the notice 
     requirements of section 553(b) of title 5 of the United 
     States Code shall not apply.

               TITLE VI--DEPARTMENT OF HOMELAND SECURITY

              Office of the Under Secretary for Management

       For an additional amount for the ``Office of the Under 
     Secretary for Management'', $200,000,000 for planning, 
     design, construction costs, site security, information 
     technology infrastructure, fixtures, and related costs to 
     consolidate the Department of Homeland Security headquarters: 
     Provided, That no later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Administrator of General Services, 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a plan for the 
     expenditure of these funds.

                      office of inspector general

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

                   U.S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $160,000,000, of which $100,000,000 shall be for the 
     procurement and deployment of non-intrusive inspection 
     systems; and of which $60,000,000 shall be for procurement 
     and deployment of tactical communications equipment and 
     radios: Provided, That no later than 45 days

[[Page H1320]]

     after the date of enactment of this Act, the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a plan for expenditure of these funds.

        border security fencing, infrastructure, and technology

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

                              construction

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

                U.S. Immigration and Customs Enforcement

                        automation modernization

       For an additional amount for ``Automation Modernization'', 
     $20,000,000 for the procurement and deployment of tactical 
     communications equipment and radios: Provided, That no later 
     than 45 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall submit to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a plan for expenditure of these funds.

                 Transportation Security Administration

                           aviation security

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

                              Coast Guard

              acquisition, construction, and improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'', $98,000,000 for shore facilities and aids 
     to navigation facilities; for priority procurements due to 
     materials and labor cost increases; and for costs to repair, 
     renovate, assess, or improve vessels: Provided, That no later 
     than 45 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall submit to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a plan for the expenditure of these funds.

                         alteration of bridges

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

                  Federal Emergency Management Agency

                        state and local programs

       For an additional amount for grants, $300,000,000, to be 
     allocated as follows:
       (1) $150,000,000 for Public Transportation Security 
     Assistance and Railroad Security Assistance under sections 
     1406 and 1513 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and 
     1163).
       (2) $150,000,000 for Port Security Grants in accordance 
     with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c).

                     firefighter assistance grants

       For an additional amount for competitive grants, 
     $210,000,000 for modifying, upgrading, or constructing non-
     Federal fire stations: Provided, That up to 5 percent shall 
     be for program administration: Provided further, That no 
     grant shall exceed $15,000,000.

            disaster assistance direct loan program account

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

                       emergency food and shelter

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601.  Notwithstanding any other provision of law, the 
     President shall establish an arbitration panel under the 
     Federal Emergency Management Agency public assistance program 
     to expedite the recovery efforts from Hurricanes Katrina and 
     Rita within the Gulf Coast Region. The arbitration panel 
     shall have sufficient authority regarding the award or denial 
     of disputed public assistance applications for covered 
     hurricane damage under section 403, 406, or 407 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b, 5172, or 5173) for a project the total amount 
     of which is more than $500,000.
       Sec. 602.  The Administrator of the Federal Emergency 
     Management Agency may not prohibit or restrict the use of 
     funds designated under the hazard mitigation grant program 
     for damage caused by Hurricanes Katrina and Rita if the 
     homeowner who is an applicant for assistance under such 
     program commenced work otherwise eligible for hazard 
     mitigation grant program assistance under section 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170c) without approval in writing from the 
     Administrator.
       Sec. 603. Subparagraph (E) of section 34(a)(1) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229a(a)(1)(E)) shall not apply with respect to funds 
     appropriated in this or any other Act making appropriations 
     for fiscal year 2009 or 2010 for grants under such section 
     34.
       Sec. 604. (a) Requirement.--Except as provided in 
     subsections (c) through (g), funds appropriated or otherwise 
     available to the Department of Homeland Security may not be 
     used for the procurement of an item described in subsection 
     (b) if the item is not grown, reprocessed, reused, or 
     produced in the United States.
       (b) Covered Items.--An item referred to in subsection (a) 
     is any of the following, if the item is directly related to 
     the national security interests of the United States:
       (1) An article or item of--
       (A) clothing and the materials and components thereof, 
     other than sensors, electronics, or other items added to, and 
     not normally associated with, clothing (and the materials and 
     components thereof);
       (B) tents, tarpaulins, covers, textile belts, bags, 
     protective equipment (including but not limited to body 
     armor), sleep systems, load carrying equipment (including but 
     not limited to fieldpacks), textile marine equipment, 
     parachutes, or bandages;
       (C) cotton and other natural fiber products, woven silk or 
     woven silk blends, spun silk yarn for cartridge cloth, 
     synthetic fabric or coated synthetic fabric (including all 
     textile fibers and yarns that are for use in such fabrics), 
     canvas products, or wool (whether in the form of fiber or 
     yarn or contained in fabrics, materials, or manufactured 
     articles); or
       (D) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.
       (c) Availability Exception.--Subsection (a) does not apply 
     to the extent that the Secretary of Homeland Security 
     determines that satisfactory quality and sufficient quantity 
     of any such article or item described in subsection (b)(1) 
     grown, reprocessed, reused, or produced in the United States 
     cannot be procured as and when needed at United States market 
     prices. This section is not applicable to covered items that 
     are, or include, materials determined to be non-available in 
     accordance with Federal Acquisition Regulation 25.104 
     Nonavailable Articles.
       (d) De Minimis Exception.--Notwithstanding subsection (a), 
     the Secretary of Homeland Security may accept delivery of an 
     item covered by subsection (b) that contains non-compliant 
     fibers if the total value of non-compliant fibers contained 
     in the end item does not exceed 10 percent of the total 
     purchase price of the end item.
       (e) Exception for Certain Procurements Outside the United 
     States.--Subsection (a) does not apply to the following:
       (1) Procurements by vessels in foreign waters.
       (2) Emergency procurements.
       (f) Exception for Small Purchases.--Subsection (a) does not 
     apply to purchases for amounts not greater than the 
     simplified acquisition threshold referred to in section 
     2304(g) of title 10, United States Code.
       (g) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items not withstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430), with the 
     exception of commercial items listed under subsections 
     (b)(1)(C) and (b)(1)(D) above. For the purposes of this 
     section, ``commercial'' shall be as defined in the Federal 
     Acquisition Regulation--Part 2.
       (h) Geographic Coverage.--In this section, the term 
     ``United States'' includes the possessions of the United 
     States.
       (i) Notification Required Within 7 Days After Contract 
     Award if Certain Exceptions Applied.--In the case of any 
     contract for the procurement of an item described in 
     subsection (b)(1), if the Secretary of Homeland Security 
     applies an exception set forth in subsection (c) with respect 
     to that contract, the Secretary shall, not later than 7 days 
     after the award of the contract, post a notification that the 
     exception has been applied on the Internet site maintained by 
     the General Services Administration known as FedBizOps.gov 
     (or any successor site).
       (j) Training During Fiscal Year 2009.--
       (1) In general.--The Secretary of Homeland Security shall 
     ensure that each member of the acquisition workforce in the 
     Department of Homeland Security who participates personally 
     and substantially in the acquisition of textiles

[[Page H1321]]

     on a regular basis receives training during fiscal year 2009 
     on the requirements of this section and the regulations 
     implementing this section.
       (2) Inclusion of information in new training programs.--The 
     Secretary shall ensure that any training program for the 
     acquisition workforce developed or implemented after the date 
     of the enactment of this Act includes comprehensive 
     information on the requirements described in paragraph (1).
       (k) Consistency with International Agreements.--This 
     section shall be applied in a manner consistent with United 
     States obligations under international agreements.
       (l) Effective Date.--This section applies with respect to 
     contracts entered into by the Department of Homeland Security 
     180 days after the date of the enactment of this Act.

         TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For an additional amount for ``Management of Lands and 
     Resources'', for activities on all Bureau of Land Management 
     lands including maintenance, rehabilitation, and restoration 
     of facilities, property, trails and lands and for remediation 
     of abandoned mines and wells, $125,000,000.

                              construction

       For an additional amount for ``Construction'', for 
     activities on all Bureau of Land Management lands including 
     construction, reconstruction, decommissioning and repair of 
     roads, bridges, trails, property, and facilities and for 
     energy efficient retrofits of existing facilities, 
     $180,000,000.

                        wildland fire management

       For an additional amount for ``Wildland Fire Management'', 
     for hazardous fuels reduction, $15,000,000.

                United States Fish and Wildlife Service

                          resource management

       For an additional amount for ``Resource Management'', for 
     deferred maintenance, construction, and capital improvement 
     projects on national wildlife refuges and national fish 
     hatcheries and for high priority habitat restoration 
     projects, $165,000,000.

                              construction

       For an additional amount for ``Construction'', for 
     construction, reconstruction, and repair of roads, bridges, 
     property, and facilities and for energy efficient retrofits 
     of existing facilities, $115,000,000.

                         National Park Service

                 operation of the national park system

       For an additional amount for ``Operation of the National 
     Park System'', for deferred maintenance of facilities and 
     trails and for other critical repair and rehabilitation 
     projects, $146,000,000.


                       Historic Preservation Fund

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

                              construction

       For an additional amount for ``Construction'', for repair 
     and restoration of roads; construction of facilities, 
     including energy efficient retrofits of existing facilities; 
     equipment replacement; preservation and repair of historical 
     resources within the National Park System; cleanup of 
     abandoned mine sites on park lands; and other critical 
     infrastructure projects, $589,000,000.

                    United States Geological Survey

                 surveys, investigations, and research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $140,000,000, for repair, construction and 
     restoration of facilities; equipment replacement and upgrades 
     including stream gages, and seismic and volcano monitoring 
     systems; national map activities; and other critical deferred 
     maintenance and improvement projects.

                        Bureau of Indian Affairs

                      operation of indian programs

       For an additional amount for ``Operation of Indian 
     Programs'', for workforce training programs and the housing 
     improvement program, $40,000,000.

                              construction

       For an additional amount for ``Construction'', for repair 
     and restoration of roads; replacement school construction; 
     school improvements and repairs; and detention center 
     maintenance and repairs, $450,000,000: Provided, That section 
     1606 of this Act shall not apply to tribal contracts entered 
     into by the Bureau of Indian Affairs with this appropriation.

                 indian guaranteed loan program account

       For an additional amount for ``Indian Guaranteed Loan 
     Program Account'', $10,000,000.

                      Office of Inspector General

                         salaries and expenses

       For an additional amount for ``Office of Inspector 
     General'', $15,000,000, to remain available until September 
     30, 2012.

                     ENVIROMENTAL PROTECTION AGENCY

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $20,000,000, to remain available until September 
     30, 2012.

                     Hazardous Substance Superfund

       For an additional amount for ``Hazardous Substance 
     Superfund'', $600,000,000, which shall be for the Superfund 
     Remedial program: Provided, That the Administrator of the 
     Environmental Protection Agency (Administrator) may retain up 
     to 3 percent of the funds appropriated herein for management 
     and oversight purposes.

          Leaking Underground Storage Tank Trust Fund Program

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

                   State and Tribal Assistance Grants

                     (including transfers of funds)

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $6,400,000,000, which shall be allocated as 
     follows:
       (1) $4,000,000,000 shall be for capitalization grants for 
     the Clean Water State Revolving Funds under title VI of the 
     Federal Water Pollution Control Act and $2,000,000,000 shall 
     be for capitalization grants under section 1452 of the Safe 
     Drinking Water Act: Provided, That the Administrator may 
     retain up to 1 percent of the funds appropriated herein for 
     management and oversight purposes: Provided further, That 
     funds appropriated herein shall not be subject to the 
     matching or cost share requirements of sections 602(b)(2), 
     602(b)(3) or 202 of the Federal Water Pollution Control Act 
     nor the matching requirements of section 1452(e) of the Safe 
     Drinking Water Act: Provided further, That the Administrator 
     shall reallocate funds appropriated herein for the Clean and 
     Drinking Water State Revolving Funds (Revolving Funds) where 
     projects are not under contract or construction within 12 
     months of the date of enactment of this Act: Provided 
     further, That notwithstanding the priority rankings they 
     would otherwise receive under each program, priority for 
     funds appropriated herein shall be given to projects on a 
     State priority list that are ready to proceed to construction 
     within 12 months of the date of enactment of this Act: 
     Provided further, That notwithstanding the requirements of 
     section 603(d) of the Federal Water Pollution Control Act or 
     section 1452(f) of the Safe Drinking Water Act, for the funds 
     appropriated herein, each State shall use not less than 50 
     percent of the amount of its capitalization grants to provide 
     additional subsidization to eligible recipients in the form 
     of forgiveness of principal, negative interest loans or 
     grants or any combination of these: Provided further, That, 
     to the extent there are sufficient eligible project 
     applications, not less than 20 percent of the funds 
     appropriated herein for the Revolving Funds shall be for 
     projects to address green infrastructure, water or energy 
     efficiency improvements or other environmentally innovative 
     activities: Provided further, That notwithstanding the 
     limitation on amounts specified in section 518(c) of the 
     Federal Water Pollution Control Act, up to 1.5 percent of the 
     funds appropriated herein for the Clean Water State Revolving 
     Funds may be reserved by the Administrator for tribal grants 
     under section 518(c) of such Act: Provided further, That up 
     to 4 percent of the funds appropriated herein for tribal set-
     asides under the Revolving Funds may be transferred to the 
     Indian Health Service to support management and oversight of 
     tribal projects: Provided further, That none of the funds 
     appropriated herein shall be available for the purchase of 
     land or easements as authorized by section 603(c) of the 
     Federal Water Pollution Control Act or for activities 
     authorized by section 1452(k) of the Safe Drinking Water Act: 
     Provided further, That notwithstanding section 603(d)(2) of 
     the Federal Water Pollution Control Act and section 
     1452(f)(2) of the Safe Drinking Water Act, funds may be used 
     to buy, refinance or restructure the debt obligations of 
     eligible recipients only where such debt was incurred on or 
     after October 1, 2008;
       (2) $100,000,000 shall be to carry out Brownfields projects 
     authorized by section 104(k) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980: Provided, That the Administrator may reserve up to 3.5 
     percent of the funds appropriated herein for management and 
     oversight purposes: Provided further, That none of the funds 
     appropriated herein shall be subject to cost share 
     requirements under section 104(k)(9)(B)(iii) of such Act; and
       (3) $300,000,000 shall be for Diesel Emission Reduction Act 
     grants pursuant to title VII, subtitle G of the Energy Policy 
     Act of 2005: Provided, That the Administrator may reserve up 
     to 2 percent of the funds appropriated herein for management 
     and oversight purposes: Provided further, That none of the 
     funds appropriated herein for Diesel Emission Reduction Act 
     grants shall be subject to the State Grant and Loan Program 
     Matching Incentive provisions of section 793(c)(3) of such 
     Act.

       Administrative Provision, Environmental Protection Agency


                     (Including Transfers of Funds)

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

       For an additional amount for ``Capital Improvement and 
     Maintenance'', $650,000,000, for

[[Page H1322]]

     priority road, bridge and trail maintenance and 
     decommissioning, including related watershed restoration and 
     ecosystem enhancement projects; facilities improvement, 
     maintenance and renovation; remediation of abandoned mine 
     sites; and support costs necessary to carry out this work.

                        wildland fire management

       For an additional amount for ``Wildland Fire Management'', 
     $500,000,000, of which $250,000,000 is for hazardous fuels 
     reduction, forest health protection, rehabilitation and 
     hazard mitigation activities on Federal lands and of which 
     $250,000,000 is for State and private forestry activities 
     including hazardous fuels reduction, forest health and 
     ecosystem improvement activities on State and private lands 
     using all authorities available to the Forest Service: 
     Provided, That up to $50,000,000 of the total funding may be 
     used to make wood-to-energy grants to promote increased 
     utilization of biomass from Federal, State and private lands: 
     Provided further, That funds provided for activities on State 
     and private lands shall not be subject to matching or cost 
     share requirements.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For an additional amount for ``Indian Health Services'', 
     for health information technology activities, $85,000,000: 
     Provided, That such funds may be used for both telehealth 
     services development and related infrastructure requirements 
     that are typically funded through the ``Indian Health 
     Facilities'' account: Provided further, That notwithstanding 
     any other provision of law, health information technology 
     funds provided within this title shall be allocated at the 
     discretion of the Director of the Indian Health Service.

                        indian health facilities

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

                         OTHER RELATED AGENCIES

                        Smithsonian Institution


                           Facilities Capital

       For an additional amount for ``Facilities Capital'', for 
     repair and revitalization of existing facilities, 
     $25,000,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 701. (a) Within 30 days of enactment of this Act, each 
     agency receiving funds under this title shall submit a 
     general plan for the expenditure of such funds to the House 
     and Senate Committees on Appropriations.
       (b) Within 90 days of enactment of this Act, each agency 
     receiving funds under this title shall submit to the 
     Committees a report containing detailed project level 
     information associated with the general plan submitted 
     pursuant to subsection (a).
       Sec. 702.  In carrying out the work for which funds in this 
     title are being made available, the Secretary of the Interior 
     and the Secretary of Agriculture shall utilize, where 
     practicable, the Public Lands Corps, Youth Conservation 
     Corps, Student Conservation Association, Job Corps and other 
     related partnerships with Federal, State, local, tribal or 
     non-profit groups that serve young adults.
       Sec. 703. Each agency receiving funds under this title may 
     transfer up to 10 percent of the funds in any account to 
     other appropriation accounts within the agency, if the head 
     of the agency (1) determines that the transfer will enhance 
     the efficiency or effectiveness of the use of the funds 
     without changing the intended purpose; and (2) notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate 10 days prior to the transfer.

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

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For an additional amount for ``Training and Employment 
     Services'' for activities under the Workforce Investment Act 
     of 1998 (``WIA''), $3,950,000,000, which shall be available 
     for obligation on the date of enactment of this Act, as 
     follows:
       (1) $500,000,000 for grants to the States for adult 
     employment and training activities, including supportive 
     services and needs-related payments described in section 
     134(e)(2) and (3) of the WIA: Provided, That a priority use 
     of these funds shall be services to individuals described in 
     134(d)(4)(E) of the WIA;
       (2) $1,200,000,000 for grants to the States for youth 
     activities, including summer employment for youth: Provided, 
     That no portion of such funds shall be reserved to carry out 
     section 127(b)(1)(A) of the WIA: Provided further, That for 
     purposes of section 127(b)(1)(C)(iv) of the WIA, funds 
     available for youth activities shall be allotted as if the 
     total amount available for youth activities in the fiscal 
     year does not exceed $1,000,000,000: Provided further, That 
     with respect to the youth activities provided with such 
     funds, section 101(13)(A) of the WIA shall be applied by 
     substituting ``age 24'' for ``age 21'': Provided further, 
     That the work readiness performance indicator described in 
     section 136(b)(2)(A)(ii)(I) of the WIA shall be the only 
     measure of performance used to assess the effectiveness of 
     summer employment for youth provided with such funds;
       (3) $1,250,000,000 for grants to the States for dislocated 
     worker employment and training activities;
       (4) $200,000,000 for the dislocated workers assistance 
     national reserve;
       (5) $50,000,000 for YouthBuild activities: Provided, That 
     for program years 2008 and 2009, the YouthBuild program may 
     serve an individual who has dropped out of high school and 
     re-enrolled in an alternative school, if that re-enrollment 
     is part of a sequential service strategy; and
       (6) $750,000,000 for a program of competitive grants for 
     worker training and placement in high growth and emerging 
     industry sectors: Provided, That $500,000,000 shall be for 
     research, labor exchange and job training projects that 
     prepare workers for careers in energy efficiency and 
     renewable energy as described in section 171(e)(1)(B) of the 
     WIA: Provided further, That in awarding grants from those 
     funds not designated in the preceding proviso, the Secretary 
     of Labor shall give priority to projects that prepare workers 
     for careers in the health care sector:
     Provided, That funds made available in this paragraph shall 
     remain available through June 30, 2010: Provided further, 
     That a local board may award a contract to an institution of 
     higher education or other eligible training provider if the 
     local board determines that it would facilitate the training 
     of multiple individuals in high-demand occupations, if such 
     contract does not limit customer choice.

            community service employment for older americans

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

     state unemployment insurance and employment service operations

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Departmental Management'', 
     $80,000,000, for the enforcement of worker protection laws 
     and regulations, oversight, and coordination activities 
     related to the infrastructure and unemployment insurance 
     investments in this Act: Provided, That the Secretary of 
     Labor may transfer such sums as necessary to ``Employment and 
     Standards Administration'', ``Employee Benefits Security 
     Administration'', ``Occupational Safety and Health 
     Administration'', and ``Employment and Training 
     Administration--Program Administration'' for enforcement, 
     oversight, and coordination activities: Provided further, 
     That prior to obligating any funds proposed to be transferred 
     from this account, the Secretary shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate an operating plan describing the planned uses 
     of each amount proposed to be transferred.

                          office of job corps

       For an additional amount for ``Office of Job Corps'', 
     $250,000,000, for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     upon the date of enactment of this Act and remain available 
     for obligation through June 30, 2010: Provided, That

[[Page H1323]]

     section 1552(a) of title 31, United States Code shall not 
     apply if funds are used for a multi-year lease agreement that 
     will result in construction activities that can commence 
     within 120 days of enactment of this Act: Provided further, 
     That notwithstanding section 3324(a) of title 31, United 
     States Code, the funds used for an agreement under the 
     preceding proviso may be used for advance, progress, and 
     other payments: Provided further, That the Secretary of Labor 
     may transfer up to 15 percent of such funds to meet the 
     operational needs of such centers, which may include training 
     for careers in the energy efficiency, renewable energy, and 
     environmental protection industries: Provided further, That 
     the Secretary shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     an operating plan describing the allocation of funds, and a 
     report on the actual obligations, expenditures, and 
     unobligated balances for each activity funded under this 
     heading not later than September 30, 2009 and quarterly 
     thereafter as long as funding provided under this heading is 
     available for obligation or expenditure.

                      office of inspector general

       For an additional amount for the ``Office of Inspector 
     General'', $6,000,000, which shall remain available through 
     September 30, 2012, for salaries and expenses necessary for 
     oversight and audit of programs, grants, and projects funded 
     in this Act.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

       For an additional amount for ``Health Resources and 
     Services'', $2,500,000,000 which shall be used as follows:
       (1) $500,000,000 shall be for grants to health centers 
     authorized under section 330 of the Public Health Service Act 
     (``PHS Act'');
       (2) $1,500,000,000 shall be available for grants for 
     construction, renovation and equipment, and for the 
     acquisition of health information technology systems, for 
     health centers including health center controlled networks 
     receiving operating grants under section 330 of the PHS Act, 
     notwithstanding the limitation in section 330(e)(3); and
       (3) $500,000,000 to address health professions workforce 
     shortages, of which $75,000,000 for the National Health 
     Service Corps shall remain available through September 30, 
     2011: Provided, That funds may be used to provide 
     scholarships, loan repayment, and grants to training programs 
     for equipment as authorized in the PHS Act, and grants 
     authorized in sections 330L, 747, 767 and 768 of the PHS Act: 
     Provided further, That 20 percent of the funds allocated to 
     the National Health Service Corps shall be used for field 
     operations:
       Provided, That up to 0.5 percent of funds provided in this 
     paragraph may used for administration of such funds: Provided 
     further, That the Secretary shall provide to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate an operating plan detailing activities to be supported 
     and timelines for expenditure prior to making any Federal 
     obligations of funds provided in this paragraph but not later 
     than 90 days after the date of enactment of this Act: 
     Provided further, That the Secretary shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the actual obligations, 
     expenditures, and unobligated balances for each activity 
     funded in this paragraph not later than November 1, 2009 and 
     every 6 months thereafter as long as funding provided in this 
     paragraph is available for obligation or expenditure.

                     National Institutes of Health

                 national center for research resources

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

                         office of the director

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $8,200,000,000: Provided, That $7,400,000,000 shall be 
     transferred to the Institutes and Centers of the National 
     Institutes of Health (``NIH'') and to the Common Fund 
     established under section 402A(c)(1) of the Public Health 
     Service Act in proportion to the appropriations otherwise 
     made to such Institutes, Centers, and Common Fund for fiscal 
     year 2009: Provided further, That these funds shall be used 
     to support additional scientific research and shall be merged 
     with and be available for the same purposes as the 
     appropriation or fund to which transferred: Provided further, 
     That this transfer authority is in addition to any other 
     transfer authority available to the NIH: Provided further, 
     That none of these funds may be transferred to ``National 
     Institutes of Health--Buildings and Facilities'', the Center 
     for Scientific Review, the Center for Information Technology, 
     the Clinical Center, or the Global Fund for HIV/AIDS, 
     Tuberculosis and Malaria: Provided further, That the funds 
     provided in this Act to the NIH shall not be subject to the 
     provisions of 15 U.S.C. 638(f)(1) and 15 U.S.C. 638(n)(1): 
     Provided further, That $400,000,000 may be used to carry out 
     section 215 of division G of Public Law 110-161.

                        buildings and facilities

       For an additional amount for ``Buildings and Facilities'', 
     $500,000,000, to fund high-priority repair, construction and 
     improvement projects for National Institutes of Health 
     facilities on the Bethesda, Maryland campus and other agency 
     locations.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

                     (including transfer of funds)

       For an additional amount for ``Healthcare Research and 
     Quality'' to carry out titles III and IX of the Public Health 
     Service Act, part A of title XI of the Social Security Act, 
     and section 1013 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003, $700,000,000 for 
     comparative effectiveness research: Provided, That of the 
     amount appropriated in this paragraph, $400,000,000 shall be 
     transferred to the Office of the Director of the National 
     Institutes of Health (``Office of the Director'') to conduct 
     or support comparative effectiveness research under section 
     301 and title IV of the Public Health Service Act: Provided 
     further, That funds transferred to the Office of the Director 
     may be transferred to the Institutes and Centers of the 
     National Institutes of Health and to the Common Fund 
     established under section 402A(c)(1) of the Public Health 
     Service Act: Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the National Institutes of Health: Provided further, That 
     within the amount available in this paragraph for the Agency 
     for Healthcare Research and Quality, not more than 1 percent 
     shall be made available for additional full-time equivalents.
       In addition, $400,000,000 shall be available for 
     comparative effectiveness research to be allocated at the 
     discretion of the Secretary of Health and Human Services 
     (``Secretary''): Provided, That the funding appropriated in 
     this paragraph shall be used to accelerate the development 
     and dissemination of research assessing the comparative 
     effectiveness of health care treatments and strategies, 
     through efforts that: (1) conduct, support, or synthesize 
     research that compares the clinical outcomes, effectiveness, 
     and appropriateness of items, services, and procedures that 
     are used to prevent, diagnose, or treat diseases, disorders, 
     and other health conditions; and (2) encourage the 
     development and use of clinical registries, clinical data 
     networks, and other forms of electronic health data that can 
     be used to generate or obtain outcomes data: Provided 
     further, That the Secretary shall enter into a contract with 
     the Institute of Medicine, for which no more than $1,500,000 
     shall be made available from funds provided in this 
     paragraph, to produce and submit a report to the Congress and 
     the Secretary by not later than June 30, 2009, that includes 
     recommendations on the national priorities for comparative 
     effectiveness research to be conducted or supported with the 
     funds provided in this paragraph and that considers input 
     from stakeholders: Provided further, That the Secretary shall 
     consider any recommendations of the Federal Coordinating 
     Council for Comparative Effectiveness Research established by 
     section 804 of this Act and any recommendations included in 
     the Institute of Medicine report pursuant to the preceding 
     proviso in designating activities to receive funds provided 
     in this paragraph and may make grants and contracts with 
     appropriate entities, which may include agencies within the 
     Department of Health and Human Services and other 
     governmental agencies, as well as private sector entities, 
     that have demonstrated experience and capacity to achieve the 
     goals of comparative effectiveness research: Provided 
     further, That the Secretary shall publish information on 
     grants and contracts awarded with the funds provided under 
     this heading within a reasonable time of the obligation of 
     funds for such grants and contracts and shall disseminate 
     research findings from such grants and contracts to 
     clinicians, patients, and the general public, as appropriate: 
     Provided further, That, to the extent feasible, the Secretary 
     shall ensure that the recipients of the funds provided by 
     this paragraph offer an opportunity for public comment on the 
     research: Provided further, That research conducted with 
     funds appropriated under this paragraph shall be consistent 
     with Departmental policies relating to the inclusion of women 
     and minorities in research: Provided further, That the 
     Secretary shall provide the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Energy and Commerce and the Committee on Ways and Means of 
     the House of Representatives, and the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate with an annual report on the research conducted 
     or supported through the funds provided under this heading: 
     Provided further, That the Secretary, jointly with the 
     Directors of the Agency for Healthcare Research and Quality 
     and the National Institutes of Health, shall provide the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a fiscal year 2009 operating plan for the 
     funds appropriated under this heading prior to making any 
     Federal obligations of such funds

[[Page H1324]]

     in fiscal year 2009, but not later than July 30, 2009, and a 
     fiscal year 2010 operating plan for such funds prior to 
     making any Federal obligations of such funds in fiscal year 
     2010, but not later than November 1, 2009, that detail the 
     type of research being conducted or supported, including the 
     priority conditions addressed; and specify the allocation of 
     resources within the Department of Health and Human Services: 
     Provided further, That the Secretary, jointly with the 
     Directors of the Agency for Healthcare Research and Quality 
     and the National Institutes of Health, shall provide to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the actual obligations, 
     expenditures, and unobligated balances for each activity 
     funded under this heading not later than November 1, 2009, 
     and every 6 months thereafter as long as funding provided 
     under this heading is available for obligation or 
     expenditure.

                Administration for Children and Families

   payments to states for the child care and development block grant

       For an additional amount for ``Payments to States for the 
     Child Care and Development Block Grant'', $2,000,000,000, 
     which shall be used to supplement, not supplant State general 
     revenue funds for child care assistance for low-income 
     families: Provided, That, in addition to the amounts required 
     to be reserved by the States under section 658G of the Child 
     Care and Development Block Grant Act of 1990, $255,186,000 
     shall be reserved by the States for activities authorized 
     under section 658G, of which $93,587,000 shall be for 
     activities that improve the quality of infant and toddler 
     care.

                children and families services programs

       For an additional amount for ``Children and Families 
     Services Programs'', $3,150,000,000, which shall be used as 
     follows:
       (1) $1,000,000,000 for carrying out activities under the 
     Head Start Act.
       (2) $1,100,000,000 for expansion of Early Head Start 
     programs, as described in section 645A of the Head Start Act: 
     Provided, That of the funds provided in this paragraph, up to 
     10 percent shall be available for the provision of training 
     and technical assistance to such programs consistent with 
     section 645A(g)(2) of such Act, and up to 3 percent shall be 
     available for monitoring the operation of such programs 
     consistent with section 641A of such Act.
       (3) $1,000,000,000 for carrying out activities under 
     sections 674 through 679 of the Community Services Block 
     Grant Act, of which no part shall be subject to section 
     674(b)(3) of such Act: Provided, That notwithstanding section 
     675C(a)(1) and 675C(b) of such Act, 1 percent of the funds 
     made available to each State from this additional amount 
     shall be used for benefits enrollment coordination activities 
     relating to the identification and enrollment of eligible 
     individuals and families in Federal, State, and local benefit 
     programs: Provided further, That all funds remaining 
     available to a State from this additional amount after 
     application of the previous proviso shall be distributed to 
     eligible entities as defined in section 673(1) of such Act: 
     Provided further, That for services furnished under such Act 
     during fiscal years 2009 and 2010, States may apply the last 
     sentence of section 673(2) of such Act by substituting ``200 
     percent'' for ``125 percent''.
       (4) $50,000,000 for carrying out activities under section 
     1110 of the Social Security Act.

                        Administration on Aging

                        aging services programs

       For an additional amount for ``Aging Services Programs'' 
     under subparts 1 and 2 of part C, of title III, and under 
     title VI, of the Older Americans Act of 1965, $100,000,000, 
     of which $65,000,000 shall be for Congregate Nutrition 
     Services, $32,000,000 shall be for Home-Delivered Nutrition 
     Services and $3,000,000 shall be for Nutrition Services for 
     Native Americans.

                        Office of the Secretary

  office of the national coordinator for health information technology

                     (including transfer of funds)

       For an additional amount for ``Office of the National 
     Coordinator for Health Information Technology'', 
     $2,000,000,000, to carry out title XIII of this Act, to 
     remain available until expended: Provided, That of such 
     amount, the Secretary of Health and Human Services shall 
     transfer $20,000,000 to the Director of the National 
     Institute of Standards and Technology in the Department of 
     Commerce for continued work on advancing health care 
     information enterprise integration through activities such as 
     technical standards analysis and establishment of conformance 
     testing infrastructure, so long as such activities are 
     coordinated with the Office of the National Coordinator for 
     Health Information Technology: Provided further, that 
     $300,000,000 is to support regional or sub-national efforts 
     toward health information exchange: Provided further, That 
     0.25 percent of the funds provided in this paragraph may be 
     used for administration of such funds: Provided further, That 
     funds available under this heading shall become available for 
     obligation only upon submission of an annual operating plan 
     by the Secretary to the Committees on Appropriations of the 
     House of Representatives and the Senate: Provided further, 
     That the fiscal year 2009 operating plan shall be provided 
     not later than 90 days after enactment of this Act and that 
     subsequent annual operating plans shall be provided not later 
     than November 1 of each year: Provided further, That these 
     operating plans shall describe how expenditures are aligned 
     with the specific objectives, milestones, and metrics of the 
     Federal Health Information Technology Strategic Plan, 
     including any subsequent updates to the Plan; the allocation 
     of resources within the Department of Health and Human 
     Services and other Federal agencies; and the identification 
     of programs and activities that are supported: Provided 
     further, That the Secretary shall provide to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate a report on the actual obligations, expenditures, and 
     unobligated balances for each major set of activities not 
     later than November 1, 2009, and every 6 months thereafter as 
     long as funding provided under this heading is available for 
     obligation or expenditure.

                      office of inspector general

       For an additional amount for the ``Office of Inspector 
     General'', $17,000,000 which shall remain available until 
     September 30, 2012.

            public health and social services emergency fund

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to improve information technology 
     security at the Department of Health and Human Services, 
     $50,000,000.

                      prevention and wellness fund

                     (including transfer of funds)

       For necessary expenses for a ``Prevention and Wellness 
     Fund'' to be administered through the Department of Health 
     and Human Services, Office of the Secretary, $1,000,000,000: 
     Provided, That of the amount provided in this paragraph, 
     $300,000,000 shall be transferred to the Centers for Disease 
     Control and Prevention (``CDC'') as an additional amount to 
     carry out the immunization program (``section 317 
     immunization program'') authorized by section 317(a), (j), 
     and (k)(1) of the Public Health Service Act (``PHS Act''): 
     Provided further, That of the amount provided in this 
     paragraph, $650,000,000 shall be to carry out evidence-based 
     clinical and community-based prevention and wellness 
     strategies authorized by the PHS Act, as determined by the 
     Secretary, that deliver specific, measurable health outcomes 
     that address chronic disease rates: Provided further, That 
     funds appropriated in the preceding proviso may be 
     transferred to other appropriation accounts of the Department 
     of Health and Human Services, as determined by the Secretary 
     to be appropriate: Provided further, That of the amount 
     appropriated in this paragraph, $50,000,000 shall be provided 
     to States for an additional amount to carry out activities to 
     implement healthcare-associated infections reduction 
     strategies: Provided further, That not more than 0.5 percent 
     of funds made available in this paragraph may be used for 
     management and oversight expenses in the office or division 
     of the Department of Health and Human Services administering 
     the funds: Provided further, That the Secretary shall, 
     directly or through contracts with public or private 
     entities, provide for annual evaluations of programs carried 
     out with funds provided under this heading in order to 
     determine the quality and effectiveness of the programs: 
     Provided further, That the Secretary shall, not later than 1 
     year after the date of enactment of this Act, submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on Energy and Commerce of the 
     House of Representatives, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate, a report 
     summarizing the annual evaluations of programs from the 
     preceding proviso: Provided further, That the Secretary shall 
     provide to the Committees on Appropriations of the House of 
     Representatives and the Senate an operating plan for the 
     Prevention and Wellness Fund prior to making any Federal 
     obligations of funds provided in this paragraph (excluding 
     funds to carry out the section 317 immunization program), but 
     not later than 90 days after the date of enactment of this 
     Act, that indicates the prevention priorities to be 
     addressed; provides measurable goals for each prevention 
     priority; details the allocation of resources within the 
     Department of Health and Human Services; and identifies which 
     programs or activities are supported, including descriptions 
     of any new programs or activities: Provided further, That the 
     Secretary shall provide to the Committees on Appropriations 
     of the House of Representatives and the Senate a report on 
     the actual obligations, expenditures, and unobligated 
     balances for each activity funded under this heading not 
     later than November 1, 2009, and every 6 months thereafter as 
     long as funding provided under this heading is available for 
     obligation or expenditure.

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For an additional amount for ``Education for the 
     Disadvantaged'' to carry out title I of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''), $13,000,000,000: 
     Provided, That $5,000,000,000 shall be available for targeted 
     grants under section 1125 of the ESEA: Provided further, That 
     $5,000,000,000 shall be available for education finance 
     incentive grants under section 1125A of the ESEA: Provided 
     further, That $3,000,000,000 shall be for school improvement 
     grants under section 1003(g) of the ESEA: Provided further, 
     That each local educational agency receiving funds available 
     under this paragraph shall be required to file with the State 
     educational agency, no later than December 1, 2009, a school-
     by-school listing of per-pupil educational expenditures from 
     State and local sources during the 2008-2009 academic year: 
     Provided further, That each State educational agency shall 
     report that information to the Secretary of Education by 
     March 31, 2010.

                               Impact Aid

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

                      School Improvement Programs

       For an additional amount for ``School Improvement 
     Programs'' to carry out subpart 1,

[[Page H1325]]

     part D of title II of the Elementary and Secondary Education 
     Act of 1965 (``ESEA''), and subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act, $720,000,000: 
     Provided, That $650,000,000 shall be available for subpart 1, 
     part D of title II of the ESEA: Provided further, That the 
     Secretary shall allot $70,000,000 for grants under McKinney-
     Vento to each State in proportion to the number of homeless 
     students identified by the State during the 2007-2008 school 
     year relative to the number of such children identified 
     nationally during that school year: Provided further, That 
     State educational agencies shall subgrant the McKinney-Vento 
     funds to local educational agencies on a competitive basis or 
     according to a formula based on the number of homeless 
     students identified by the local educational agencies in the 
     State: Provided further, That the Secretary shall distribute 
     the McKinney-Vento funds to the States not later than 60 days 
     after the date of the enactment of this Act: Provided 
     further, That each State shall subgrant the McKinney-Vento 
     funds to local educational agencies not later than 120 days 
     after receiving its grant from the Secretary.

                       Innovation and Improvement

       For an additional amount for ``Innovation and Improvement'' 
     to carry out subpart 1, part D of title V of the Elementary 
     and Secondary Education Act of 1965 (``ESEA''), $200,000,000: 
     Provided, That these funds shall be expended as directed in 
     the fifth, sixth, and seventh provisos under the heading 
     ``Innovation and Improvement'' in the Department of Education 
     Appropriations Act, 2008: Provided further, That a portion of 
     these funds shall also be used for a rigorous national 
     evaluation by the Institute of Education Sciences, utilizing 
     randomized controlled methodology to the extent feasible, 
     that assesses the impact of performance-based teacher and 
     principal compensation systems supported by the funds 
     provided in this Act on teacher and principal recruitment and 
     retention in high-need schools and subjects: Provided 
     further, That the Secretary may reserve up to 1 percent of 
     the amount made available under this heading for management 
     and oversight of the activities supported with those funds.

                           Special Education

       For an additional amount for ``Special Education'' for 
     carrying out parts B and C of the Individuals with 
     Disabilities Education Act (``IDEA''), $12,200,000,000, of 
     which $11,300,000,000 shall be available for section 611 of 
     the IDEA: Provided, That if every State, as defined by 
     section 602(31) of the IDEA, reaches its maximum allocation 
     under section 611(d)(3)(B)(iii) of the IDEA, and there are 
     remaining funds, such funds shall be proportionally allocated 
     to each State subject to the maximum amounts contained in 
     section 611(a)(2) of the IDEA: Provided further, That by July 
     1, 2009, the Secretary of Education shall reserve the amount 
     needed for grants under section 643(e) of the IDEA, with any 
     remaining funds to be allocated in accordance with section 
     643(c) of the IDEA: Provided further, That the total amount 
     for each of sections 611(b)(2) and 643(b)(1) of the IDEA, 
     under this and all other Acts, for fiscal year 2009, whenever 
     enacted, shall be equal to the amounts respectively available 
     for these activities under these sections during fiscal year 
     2008 increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA: Provided further, That 
     $400,000,000 shall be available for section 619 of the IDEA 
     and $500,000,000 shall be available for part C of the IDEA.

            Rehabilitation Services and Disability Research

       For an additional amount for ``Rehabilitation Services and 
     Disability Research'' for providing grants to States to carry 
     out the Vocational Rehabilitation Services program under part 
     B of title I and parts B and C of chapter 1 and chapter 2 of 
     title VII of the Rehabilitation Act of 1973, $680,000,000: 
     Provided, That $540,000,000 shall be available for part B of 
     title I of the Rehabilitation Act: Provided further, That 
     funds provided herein shall not be considered in determining 
     the amount required to be appropriated under section 
     100(b)(1) of the Rehabilitation Act of 1973 in any fiscal 
     year: Provided further, That, notwithstanding section 
     7(14)(A), the Federal share of the costs of vocational 
     rehabilitation services provided with the funds provided 
     herein shall be 100 percent: Provided further, That 
     $140,000,000 shall be available for parts B and C of chapter 
     1 and chapter 2 of title VII of the Rehabilitation Act: 
     Provided further, That $18,200,000 shall be for State Grants, 
     $87,500,000 shall be for independent living centers, and 
     $34,300,000 shall be for services for older blind 
     individuals.

                      Student Financial Assistance

       For an additional amount for ``Student Financial 
     Assistance'' to carry out subpart 1 of part A and part C of 
     title IV of the Higher Education Act of 1965 (``HEA''), 
     $15,840,000,000, which shall remain available through 
     September 30, 2011: Provided, That $15,640,000,000 shall be 
     available for subpart 1 of part A of title IV of the HEA: 
     Provided further, That $200,000,000 shall be available for 
     part C of title IV of the HEA.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2009-2010 shall be $4,860.

                       Student Aid Administration

       For an additional amount for ``Student Aid Administration'' 
     to carry out part D of title I, and subparts 1, 3, and 4 of 
     part A, and parts B, C, D, and E of title IV of the Higher 
     Education Act of 1965, $60,000,000.

                            Higher Education

       For an additional amount for ``Higher Education'' to carry 
     out part A of title II of the Higher Education Act of 1965, 
     $100,000,000.

                    Institute of Education Sciences

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

                        Departmental Management

                    office of the inspector general

       For an additional amount for the ``Office of the Inspector 
     General'', $14,000,000, which shall remain available through 
     September 30, 2012, for salaries and expenses necessary for 
     oversight and audit of programs, grants, and projects funded 
     in this Act.

                            RELATED AGENCIES

             Corporation for National and Community Service


                           Operating Expenses

                     (including transfer of funds)

       For an additional amount for ``Operating Expenses'' to 
     carry out the Domestic Volunteer Service Act of 1973 (``1973 
     Act'') and the National and Community Service Act of 1990 
     (``1990 Act''), $160,000,000: Provided, That $89,000,000 of 
     the funds made available in this paragraph shall be used to 
     make additional awards to existing AmeriCorps grantees and 
     may be used to provide adjustments to awards under subtitle C 
     of title I of the 1990 Act made prior to September 30, 2010 
     for which the Chief Executive Officer of the Corporation for 
     National and Community Service (``CEO'') determines that a 
     waiver of the Federal share limitation is warranted under 
     section 2521.70 of title 45 of the Code of Federal 
     Regulations: Provided further, That of the amount made 
     available in this paragraph, not less than $6,000,000 shall 
     be transferred to ``Salaries and Expenses'' for necessary 
     expenses relating to information technology upgrades, of 
     which up to $800,000 may be used to administer the funds 
     provided in this paragraph: Provided further, That of the 
     amount provided in this paragraph, not less than $65,000,000 
     shall be for programs under title I, part A of the 1973 Act: 
     Provided further, That funds provided in the previous proviso 
     shall not be made available in connection with cost-share 
     agreements authorized under section 192A(g)(10) of the 1990 
     Act: Provided further, That of the funds available under this 
     heading, up to 20 percent of funds allocated to grants 
     authorized under section 124(b) of title I, subtitle C of the 
     1990 Act may be used to administer, reimburse, or support any 
     national service program under section 129(d)(2) of the 1990 
     Act: Provided further, That, except as provided herein and in 
     addition to requirements identified herein, funds provided in 
     this paragraph shall be subject to the terms and conditions 
     under which funds were appropriated in fiscal year 2008: 
     Provided further, That the CEO shall provide the Committees 
     on Appropriations of the House of Representatives and the 
     Senate a fiscal year 2009 operating plan for the funds 
     appropriated in this paragraph prior to making any Federal 
     obligations of such funds in fiscal year 2009, but not later 
     than 90 days after the date of enactment of this Act, and a 
     fiscal year 2010 operating plan for such funds prior to 
     making any Federal obligations of such funds in fiscal year 
     2010, but not later than November 1, 2009, that detail the 
     allocation of resources and the increased number of members 
     supported by the AmeriCorps programs: Provided further, That 
     the CEO shall provide to the Committees on Appropriations of 
     the House of Representatives and the Senate a report on the 
     actual obligations, expenditures, and unobligated balances 
     for each activity funded under this heading not later than 
     November 1, 2009, and every 6 months thereafter as long as 
     funding provided under this heading is available for 
     obligation or expenditure.

                      Office of Inspector General

       For an additional amount for the ``Office of Inspector 
     General'', $1,000,000, which shall remain available until 
     September 30, 2012.

                         National Service Trust

                     (including transfer of funds)

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

                     Social Security Administration


                 Limitation on Administrative Expenses

                     (including transfer of funds)

       For an additional amount for ``Limitation on Administrative 
     Expenses'', $1,000,000,000 shall be available as follows:
       (1) $500,000,000 shall remain available until expended for 
     necessary expenses of the replacement of the National 
     Computer Center and the information technology costs 
     associated with such Center: Provided, That the Commissioner 
     of Social Security shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 10 days prior to each public notice soliciting 
     bids related to site selection and construction and prior to 
     the lease

[[Page H1326]]

     or purchase of such site: Provided further, That the 
     construction plan and site selection for such center shall be 
     subject to review and approval by the Office of Management 
     and Budget: Provided further, That such center shall continue 
     to be a government-operated facility; and
       (2) $500,000,000 for processing disability and retirement 
     workloads, including information technology acquisitions and 
     research in support of such activities: Provided, That up to 
     $40,000,000 may be used by the Commissioner of Social 
     Security for health information technology research and 
     activities to facilitate the adoption of electronic medical 
     records in disability claims, including the transfer of funds 
     to ``Supplemental Security Income Program'' to carry out 
     activities under section 1110 of the Social Security Act.

                      Office of Inspector General

       For an additional amount for the ``Office of Inspector 
     General'', $2,000,000, which shall remain available through 
     September 30, 2012, for salaries and expenses necessary for 
     oversight and audit of programs, projects, and activities 
     funded in this Act.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 801. (a) Up to 1 percent of the funds made available 
     to the Department of Labor in this title may be used for the 
     administration, management, and oversight of the programs, 
     grants, and activities funded by such appropriation, 
     including the evaluation of the use of such funds.
       (b) Funds designated for these purposes may be available 
     for obligation through September 30, 2010.
       (c) Not later than 30 days after enactment of this Act, the 
     Secretary of Labor shall provide an operating plan describing 
     the proposed use of funds for the purposes described in (a).
       Sec. 802.  Report on the Impact of Past and Future Minimum 
     Wage Increases.  (a) In General.--Section 8104 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 189) is amended to read as follows:

     ``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM 
                   WAGE INCREASES.

       ``(a) Study.--Beginning on the date that is 60 days after 
     the date of enactment of this Act, and every year thereafter 
     until the minimum wage in the respective territory is $7.25 
     per hour, the Government Accountability Office shall conduct 
     a study to--
       ``(1) assess the impact of the minimum wage increases that 
     occurred in American Samoa and the Commonwealth of the 
     Northern Mariana Islands in 2007 and 2008, as required under 
     Public Law 110-28, on the rates of employment and the living 
     standards of workers, with full consideration of the other 
     factors that impact rates of employment and the living 
     standards of workers such as inflation in the cost of food, 
     energy, and other commodities; and
       ``(2) estimate the impact of any further wage increases on 
     rates of employment and the living standards of workers in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands, with full consideration of the other factors that 
     may impact the rates of employment and the living standards 
     of workers, including assessing how the profitability of 
     major private sector firms may be impacted by wage increases 
     in comparison to other factors such as energy costs and the 
     value of tax benefits.
       ``(b) Report.--No earlier than March 15, 2010, and not 
     later than April 15, 2010, the Government Accountability 
     Office shall transmit its first report to Congress concerning 
     the findings of the study required under subsection (a). The 
     Government Accountability Office shall transmit any 
     subsequent reports to Congress concerning the findings of a 
     study required by subsection (a) between March 15 and April 
     15 of each year.
       ``(c) Economic Information.--To provide sufficient economic 
     data for the conduct of the study under subsection (a) the 
     Bureau of the Census of the Department of Commerce shall 
     include and separately report on American Samoa, the 
     Commonwealth of the Northern Mariana Islands, Guam, and the 
     Virgin Islands in its County Business Patterns data with the 
     same regularity and to the same extent as each Bureau 
     collects and reports such data for the 50 States. In the 
     event that the inclusion of American Samoa, the Commonwealth 
     of the Northern Mariana Islands, Guam, and the Virgin Islands 
     in such surveys and data compilations requires time to 
     structure and implement, the Bureau of the Census shall in 
     the interim annually report the best available data that can 
     feasibly be secured with respect to such territories. Such 
     interim report shall describe the steps the Bureau will take 
     to improve future data collection in the territories to 
     achieve comparability with the data collected in the United 
     States. The Bureau of the Census, together with the 
     Department of the Interior, shall coordinate their efforts to 
     achieve such improvements.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       Sec. 803.  Eligible Employees in the Recreational Marine 
     Industry. Section 2(3)(F) of the Longshore and Harbor 
     Workers' Compensation Act (33 U.S.C. 902(3)(F)) is amended--
       (1) by striking ``, repair or dismantle''; and
       (2) by striking the semicolon and inserting ``, or 
     individuals employed to repair any recreational vessel, or to 
     dismantle any part of a recreational vessel in connection 
     with the repair of such vessel;''.
       Sec. 804. Federal Coordinating Council for Comparative 
     Effectiveness Research. (a) Establishment.--There is hereby 
     established a Federal Coordinating Council for Comparative 
     Effectiveness Research (in this section referred to as the 
     ``Council'').
       (b) Purpose.--The Council shall foster optimum coordination 
     of comparative effectiveness and related health services 
     research conducted or supported by relevant Federal 
     departments and agencies, with the goal of reducing 
     duplicative efforts and encouraging coordinated and 
     complementary use of resources.
       (c) Duties.--The Council shall--
       (1) assist the offices and agencies of the Federal 
     Government, including the Departments of Health and Human 
     Services, Veterans Affairs, and Defense, and other Federal 
     departments or agencies, to coordinate the conduct or support 
     of comparative effectiveness and related health services 
     research; and
       (2) advise the President and Congress on--
       (A) strategies with respect to the infrastructure needs of 
     comparative effectiveness research within the Federal 
     Government; and
       (B) organizational expenditures for comparative 
     effectiveness research by relevant Federal departments and 
     agencies.
       (d) Membership.--
       (1) Number and appointment.--The Council shall be composed 
     of not more than 15 members, all of whom are senior Federal 
     officers or employees with responsibility for health-related 
     programs, appointed by the President, acting through the 
     Secretary of Health and Human Services (in this section 
     referred to as the ``Secretary''). Members shall first be 
     appointed to the Council not later than 30 days after the 
     date of the enactment of this Act.
       (2) Members.--
       (A) In general.--The members of the Council shall include 
     one senior officer or employee from each of the following 
     agencies:
       (i) The Agency for Healthcare Research and Quality.
       (ii) The Centers for Medicare and Medicaid Services.
       (iii) The National Institutes of Health.
       (iv) The Office of the National Coordinator for Health 
     Information Technology.
       (v) The Food and Drug Administration.
       (vi) The Veterans Health Administration within the 
     Department of Veterans Affairs.
       (vii) The office within the Department of Defense 
     responsible for management of the Department of Defense 
     Military Health Care System.
       (B) Qualifications.--At least half of the members of the 
     Council shall be physicians or other experts with clinical 
     expertise.
       (3) Chairman; vice chairman.--The Secretary shall serve as 
     Chairman of the Council and shall designate a member to serve 
     as Vice Chairman.
       (e) Reports.--
       (1) Initial report.--Not later than June 30, 2009, the 
     Council shall submit to the President and the Congress a 
     report containing information describing current Federal 
     activities on comparative effectiveness research and 
     recommendations for such research conducted or supported from 
     funds made available for allotment by the Secretary for 
     comparative effectiveness research in this Act.
       (2) Annual report.--The Council shall submit to the 
     President and Congress an annual report regarding its 
     activities and recommendations concerning the infrastructure 
     needs, organizational expenditures and opportunities for 
     better coordination of comparative effectiveness research by 
     relevant Federal departments and agencies.
       (f) Staffing; Support.--From funds made available for 
     allotment by the Secretary for comparative effectiveness 
     research in this Act, the Secretary shall make available not 
     more than 1 percent to the Council for staff and 
     administrative support.
       (g) Rules of Construction.--
       (1) Coverage.--Nothing in this section shall be construed 
     to permit the Council to mandate coverage, reimbursement, or 
     other policies for any public or private payer.
       (2) Reports and recommendations.--None of the reports 
     submitted under this section or recommendations made by the 
     Council shall be construed as mandates or clinical guidelines 
     for payment, coverage, or treatment.
       Sec. 805. Grants for Impact Aid Construction. (a) 
     Reservation for Management and Oversight.--From the funds 
     appropriated to carry out this section, the Secretary may 
     reserve up to 1 percent for management and oversight of the 
     activities carried out with those funds.
       (b) Construction Payments.--
       (1) Formula grants.--(A) In General.--From 40 percent of 
     the amount not reserved under subsection (a), the Secretary 
     shall make payments in accordance with section 8007(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7707(a)), except that the amount of such payments shall be 
     determined in accordance with subparagraph (B).
       (B) Amount of payments.--The Secretary shall make a payment 
     to each local educational agency eligible for a payment under 
     section 8007(a) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7707(a)) in an amount that bears the same 
     relationship to the funds made available under subparagraph 
     (A) as the number of children determined under subparagraphs 
     (B), (C), and (D)(i) of section 8003(a)(1) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(B), 
     (C), and (D)(i)) who were in average daily attendance in the 
     local educational agency for the most recent year for which 
     such information is available bears to the number of such 
     children in all the local educational agencies eligible for a 
     payment under section 8007(a) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7707(a)).
       (2) Competitive grants.--From 60 percent of the amount not 
     reserved under subsection (a), the Secretary--
       (A) shall award emergency grants in accordance with section 
     8007(b) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7707(b)) to eligible local educational agencies to 
     enable the agencies to carry out emergency repairs of school 
     facilities; and
       (B) may award modernization grants in accordance with 
     section 8007(b) of the Elementary

[[Page H1327]]

     and Secondary Education Act of 1965 (20 U.S.C. 7707(b)) to 
     eligible local educational agencies to enable the agencies to 
     carry out the modernization of school facilities.
       (3) Provisions not to apply.--Paragraphs (2), (3), (4), 
     (5)(A)(i), and (5)(A)(vi) of section 8007(b) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7707(b)(2), (3), (4), (5)(A)(i), and (5)(A)(vi)) shall not 
     apply to grants made under paragraph (2).
       (4) Eligibility.--A local educational agency is eligible to 
     receive a grant under paragraph (2) if the local educational 
     agency--
       (A) was eligible to receive a payment under section 8002 or 
     8003 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7702 and 7703) for fiscal year 2008; and
       (B) has--
       (i) a total taxable assessed value of real property that 
     may be taxed for school purposes of less than $100,000,000; 
     or
       (ii) an assessed value of real property per student that 
     may be taxed for school purposes that is less than the 
     average of the assessed value of real property per student 
     that may be taxed for school purposes in the State in which 
     the local educational agency is located.
       (5) Criteria for grants.--In awarding grants under 
     paragraph (2), the Secretary shall consider the following 
     criteria:
       (A) Whether the facility poses a health or safety threat to 
     students and school personnel, including noncompliance with 
     building codes and inaccessibility for persons with 
     disabilities, or whether the existing building capacity meets 
     the needs of the current enrollment and supports the 
     provision of comprehensive educational services to meet 
     current standards in the State in which the local educational 
     agency is located.
       (B) The extent to which the new design and proposed 
     construction utilize energy efficient and recyclable 
     materials.
       (C) The extent to which the new design and proposed 
     construction utilizes non-traditional or alternative building 
     methods to expedite construction and project completion and 
     maximize cost efficiency.
       (D) The feasibility of project completion within 24 months 
     from award.
       (E) The availability of other resources for the proposed 
     project.
       Sec. 806. Mandatory Pell Grants. Section 401(b)(9)(A) of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)(A)) 
     is amended--
       (1) in clause (ii), by striking ``$2,090,000,000'' and 
     inserting ``$2,733,000,000''; and
       (2) in clause (iii), by striking ``$3,030,000,000'' and 
     inserting ``$3,861,000,000''.
       Sec. 807. (a) In General.--Notwithstanding any other 
     provision of law, and in order to begin expenditures and 
     activities under this Act as quickly as possible consistent 
     with prudent management, the Secretary of Education may--
       (1) award fiscal year 2009 funds to States and local 
     educational agencies on the basis of eligibility 
     determinations made for the award of fiscal year 2008 funds; 
     and
       (2) require States to make prompt allocations to local 
     educational agencies.
       (b) Interest Not to Accrue.--Notwithstanding sections 3335 
     and 6503 of title 31, United States Code, or any other 
     provision of law, the United States shall not be liable to 
     any State or other entity for any interest or fee with 
     respect to any funds under this Act that are allocated by the 
     Secretary of Education to the State or other entity within 30 
     days of the date on which they are available for obligation.

                      TITLE IX--LEGISLATIVE BRANCH

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'' of 
     the Government Accountability Office, $25,000,000, to remain 
     available until September 30, 2010.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 901.  Government Accountability Office Reviews and 
     Reports.  (a) Reviews and Reports.--
       (1) In General.--The Comptroller General shall conduct 
     bimonthly reviews and prepare reports on such reviews on the 
     use by selected States and localities of funds made available 
     in this Act. Such reports, along with any audits conducted by 
     the Comptroller General of such funds, shall be posted on the 
     Internet and linked to the website established under this Act 
     by the Recovery Accountability and Transparency Board.
       (2) Redactions.--Any portion of a report or audit under 
     this subsection may be redacted when made publicly available, 
     if that portion would disclose information that is not 
     subject to disclosure under section 552 of title 5, United 
     States Code (commonly known as the Freedom of Information 
     Act).
       (b) Examination of Records.--The Comptroller General may 
     examine any records related to obligations and use by any 
     Federal, State, or local government agency of funds made 
     available in this Act.
       Sec. 902.  Access of Government Accountability Office. (a) 
     Access.--Each contract awarded using funds made available in 
     this Act shall provide that the Comptroller General and his 
     representatives are authorized--
       (1) to examine any records of the contractor or any of its 
     subcontractors, or any State or local agency administering 
     such contract, that directly pertain to, and involve 
     transactions relating to, the contract or subcontract; and
       (2) to interview any officer or employee of the contractor 
     or any of its subcontractors, or of any State or local 
     government agency administering the contract, regarding such 
     transactions.
       (b) Relationship to Existing Authority.--Nothing in this 
     section shall be interpreted to limit or restrict in any way 
     any existing authority of the Comptroller General.

          TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

        For an additional amount for ``Military Construction, 
     Army'', $180,000,000, to remain available until September 30, 
     2013: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects in the 
     United States not otherwise authorized by law: Provided 
     further, That of the amount provided under this heading, 
     $80,000,000 shall be for child development centers, and 
     $100,000,000 shall be for warrior transition complexes: 
     Provided further, That not later than 30 days after the date 
     of enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Appropriations of both Houses of 
     Congress an expenditure plan for funds provided under this 
     heading.

              Military Construction, Navy and Marine Corps

        For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $280,000,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That of the amount provided under this 
     heading, $100,000,000 shall be for troop housing, $80,000,000 
     shall be for child development centers, and $100,000,000 
     shall be for energy conservation and alternative energy 
     projects: Provided further, That not later than 30 days after 
     the date of enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Appropriations of both 
     Houses of Congress an expenditure plan for funds provided 
     under this heading.

                    Military Construction, Air Force

        For an additional amount for ``Military Construction, Air 
     Force'', $180,000,000, to remain available until September 
     30, 2013: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects in the 
     United States not otherwise authorized by law: Provided 
     further, That of the amount provided under this heading, 
     $100,000,000 shall be for troop housing and $80,000,000 shall 
     be for child development centers: Provided further, That not 
     later than 30 days after the date of enactment of this Act, 
     the Secretary of Defense shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this heading.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $1,450,000,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That of the amount provided under this 
     heading, $1,330,000,000 shall be for the construction of 
     hospitals and $120,000,000 shall be for the Energy 
     Conservation Investment Program: Provided further, That not 
     later than 30 days after the date of enactment of this Act, 
     the Secretary of Defense shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this heading.

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'', $50,000,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That not later than 30 days after the 
     date of enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of the Army National Guard, 
     shall submit to the Committees on Appropriations of both 
     Houses of Congress an expenditure plan for funds provided 
     under this heading.

               Military Construction, Air National Guard

       For an additional amount for ``Military Construction, Air 
     National Guard'', $50,000,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That not later than 30 days after the 
     date of enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of the Air National Guard, 
     shall submit to the Committees on Appropriations of both 
     Houses of Congress an expenditure plan for funds provided 
     under this heading.

                   Family Housing Construction, Army

       For an additional amount for ``Family Housing Construction, 
     Army'', $34,507,000, to remain available until September 30, 
     2013: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects in the 
     United States not otherwise authorized by law: Provided 
     further, That within 30 days of enactment of this Act, the 
     Secretary of Defense shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this heading.

[[Page H1328]]

             Family Housing Operation and Maintenance, Army

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Army'', $3,932,000: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended for maintenance and repair and minor 
     construction projects in the United States not otherwise 
     authorized by law.

                 Family Housing Construction, Air Force

       For an additional amount for ``Family Housing Construction, 
     Air Force'', $80,100,000, to remain available until September 
     30, 2013: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects in the 
     United States not otherwise authorized by law: Provided 
     further, That within 30 days of enactment of this Act, the 
     Secretary of Defense shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this heading.

          Family Housing Operation and Maintenance, Air Force

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Air Force'', $16,461,000: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended for maintenance and repair and minor 
     construction projects in the United States not otherwise 
     authorized by law.

                       Homeowners Assistance Fund

       For an additional amount for ``Homeowners Assistance 
     Fund'', established by section 1013 of the Demonstration 
     Cities and Metropolitan Development Act of 1966, as amended 
     (42 U.S.C. 3374), $555,000,000, to remain available until 
     expended: Provided, That the Secretary of Defense shall 
     submit quarterly reports to the Committees on Appropriations 
     of both Houses of Congress on the expenditure of funds made 
     available under this heading in this or any other Act.

                        Administrative Provision

       Sec. 1001. (a) Temporary Expansion of Homeowners Assistance 
     Program to Respond to Mortgage Foreclosure and Credit Crisis. 
     Section 1013 of the Demonstration Cities and Metropolitan 
     Development Act of 1966 (42 U.S.C. 3374) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     clauses (i), (ii), and (iii), respectively, and indenting 
     such subparagraphs, as so redesignated, 6 ems from the left 
     margin;
       (B) by striking ``Notwithstanding any other provision of 
     law'' and inserting the following:
       ``(1) Acquisition of property at or near military 
     installations that have been ordered to be closed.--
     Notwithstanding any other provision of law'';
       (C) by striking ``if he determines'' and inserting ``if--
       ``(A) the Secretary determines--'';
       (D) in clause (iii), as redesignated by subparagraph (A), 
     by striking the period at the end and inserting ``; or''; and
       (E) by adding at the end the following:
       ``(B) the Secretary determines--
       ``(i) that the conditions in clauses (i) and (ii) of 
     subparagraph (A) have been met;
       ``(ii) that the closing or realignment of the base or 
     installation resulted from a realignment or closure carried 
     out under the 2005 round of defense base closure and 
     realignment under the Defense Base Closure and Realignment 
     Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note);
       ``(iii) that the property was purchased by the owner before 
     July 1, 2006;
       ``(iv) that the property was sold by the owner between July 
     1, 2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(v) that the property is the primary residence of the 
     owner; and
       ``(vi) that the owner has not previously received benefit 
     payments authorized under this subsection.
       ``(2) Homeowner assistance for wounded members of the armed 
     forces, department of defense and united states coast guard 
     civilian employees, and their spouses.--Notwithstanding any 
     other provision of law, the Secretary of Defense is 
     authorized to acquire title to, hold, manage, and dispose of, 
     or, in lieu thereof, to reimburse for certain losses upon 
     private sale of, or foreclosure against, any property 
     improved with a one- or two-family dwelling which was at the 
     time of the relevant wound, injury, or illness, the primary 
     residence of--
       ``(A) any member of the Armed Forces in medical transition 
     who--
       ``(i) incurred a wound, injury, or illness in the line of 
     duty during a deployment in support of the Armed Forces;
       ``(ii) is disabled to a degree of 30 percent or more as a 
     result of such wound, injury, or illness, as determined by 
     the Secretary of Defense; and
       ``(iii) is reassigned in furtherance of medical treatment 
     or rehabilitation, or due to medical retirement in connection 
     with such disability;
       ``(B) any civilian employee of the Department of Defense or 
     the United States Coast Guard who--
       ``(i) was wounded, injured, or became ill in the 
     performance of his or her duties during a forward deployment 
     occurring on or after September 11, 2001, in support of the 
     Armed Forces; and
       ``(ii) is reassigned in furtherance of medical treatment, 
     rehabilitation, or due to medical retirement resulting from 
     the sustained disability; or
       ``(C) the spouse of a member of the Armed Forces or a 
     civilian employee of the Department of Defense or the United 
     States Coast Guard if--
       ``(i) the member or employee was killed in the line of duty 
     or in the performance of his or her duties during a 
     deployment on or after September 11, 2001, in support of the 
     Armed Forces or died from a wound, injury, or illness 
     incurred in the line of duty during such a deployment; and
       ``(ii) the spouse relocates from such residence within 2 
     years after the death of such member or employee.
       ``(3) Temporary homeowner assistance for members of the 
     armed forces permanently reassigned during specified mortgage 
     crisis.--Notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to acquire title to, hold, 
     manage, and dispose of, or, in lieu thereof, to reimburse for 
     certain losses upon private sale of, or foreclosure against, 
     any property improved with a one- or two-family dwelling 
     situated at or near a military base or installation, if the 
     Secretary determines--
       ``(A) that the owner is a member of the Armed Forces 
     serving on permanent assignment;
       ``(B) that the owner is permanently reassigned by order of 
     the United States Government to a duty station or home port 
     outside a 50-mile radius of the base or installation;
       ``(C) that the reassignment was ordered between February 1, 
     2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(D) that the property was purchased by the owner before 
     July 1, 2006;
       ``(E) that the property was sold by the owner between July 
     1, 2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(F) that the property is the primary residence of the 
     owner; and
       ``(G) that the owner has not previously received benefit 
     payments authorized under this subsection.'';
       (2) in subsection (b), by striking ``this section'' each 
     place it appears and inserting ``subsection (a)(1)'';
       (3) in subsection (c)--
       (A) by striking ``Such persons'' and inserting the 
     following:
       ``(1) Homeowner assistance related to closed military 
     installations.--
       ``(A) In general.--Such persons'';
       (B) by striking ``set forth above shall elect either (1) to 
     receive'' and inserting the following: ``set forth in 
     subsection (a)(1) shall elect either--
       ``(i) to receive'';
       (C) by striking ``difference between (A) 95 per centum'' 
     and all that follows through ``(B) the fair market value'' 
     and inserting the following: ``difference between--

       ``(I) 95 per centum of the fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense) prior to public announcement of intention to close 
     all or part of the military base or installation; and
       ``(II) the fair market value'';

       (D) by striking ``time of the sale, or (2) to receive'' and 
     inserting the following: ``time of the sale; or
       ``(ii) to receive'';
       (E) by striking ``outstanding mortgages. The Secretary may 
     also pay a person who elects to receive a cash payment under 
     clause (1) of the preceding sentence an amount'' and 
     inserting ``outstanding mortgages.
       ``(B) Reimbursement of expenses.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount''; and
       (F) by striking ``best interest of the Federal Government. 
     Cash payment'' and inserting the following: ``best interest 
     of the United States.
       ``(2) Homeowner assistance for wounded individuals and 
     their spouses.--
       ``(A) In general.--Persons eligible under the criteria set 
     forth in subsection (a)(2) may elect either--
       ``(i) to receive a cash payment as compensation for losses 
     which may be or have been sustained in a private sale, in an 
     amount not to exceed the difference between--

       ``(I) 95 per centum of prior fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense); and
       ``(II) the fair market value of such property (as such 
     value is determined by the Secretary of Defense) at the time 
     of sale; or

       ``(ii) to receive, as purchase price for their property an 
     amount not to exceed 90 per centum of prior fair market value 
     as such value is determined by the Secretary of Defense, or 
     the amount of the outstanding mortgages.
       ``(B) Determination of benefits.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount that the Secretary determines 
     appropriate to reimburse the person for the costs incurred by 
     the person in the sale of the property if the Secretary 
     determines that such payment will benefit the person and is 
     in the best interest of the United States.
       ``(3) Homeowner assistance for permanently reassigned 
     individuals.--
       ``(A) In general.--Persons eligible under the criteria set 
     forth in subsection (a)(3) may elect either--
       ``(i) to receive a cash payment as compensation for losses 
     which may be or have been sustained in a private sale, in an 
     amount not to exceed the difference between--

       ``(I) 95 per centum of prior fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense); and
       ``(II) the fair market value of such property (as such 
     value is determined by the Secretary of Defense) at the time 
     of sale; or

       ``(ii) to receive, as purchase price for their property an 
     amount not to exceed 90 per centum of prior fair market value 
     as such value is determined by the Secretary of Defense, or 
     the amount of the outstanding mortgages.
       ``(B) Determination of benefits.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount that the Secretary determines 
     appropriate to reimburse the person for the costs incurred by 
     the person in the sale of the property

[[Page H1329]]

     if the Secretary determines that such payment will benefit 
     the person and is in the best interest of the United States.
       ``(4) Compensation and limitations related to foreclosures 
     and encumbrances.--Cash payment'';
       (4) by striking subsection (g);
       (5) in subsection (l), by striking ``(a)(2)'' and inserting 
     ``(a)(1)(A)(ii)'';
       (6) in subsection (m), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (7) in subsection (n)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``subsection (a)(1)''; and
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (8) in subsection (o)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``subsection (a)(1)''; and
       (C) by striking paragraph (4); and
       (9) by adding at the end the following new subsection:
       ``(p) Definitions.--In this section:
       ``(1) the term `Armed Forces' has the meaning given the 
     term `armed forces' in section 101(a) of title 10, United 
     States Code;
       ``(2) the term `civilian employee' has the meaning given 
     the term `employee' in section 2105(a) of title 5, United 
     States Code;
       ``(3) the term `medical transition', in the case of a 
     member of the Armed Forces, means a member who--
       ``(A) is in Medical Holdover status;
       ``(B) is in Active Duty Medical Extension status;
       ``(C) is in Medical Hold status;
       ``(D) is in a status pending an evaluation by a medical 
     evaluation board;
       ``(E) has a complex medical need requiring six or more 
     months of medical treatment; or
       ``(F) is assigned or attached to an Army Warrior Transition 
     Unit, an Air Force Patient Squadron, a Navy Patient 
     Multidisciplinary Care Team, or a Marine Patient Affairs 
     Team/Wounded Warrior Regiment; and
       ``(4) the term `nonappropriated fund instrumentality 
     employee' means a civilian employee who--
       ``(A) is a citizen of the United States; and
       ``(B) is paid from nonappropriated funds of Army and Air 
     Force Exchange Service, Navy Resale and Services Support 
     Office, Marine Corps exchanges, or any other instrumentality 
     of the United States under the jurisdiction of the Armed 
     Forces which is conducted for the comfort, pleasure, 
     contentment, or physical or mental improvement of members of 
     the Armed Forces.''.
       (b) Clerical Amendment.--Such section is further amended in 
     the section heading by inserting ``and certain property owned 
     by members of the Armed Forces, Department of Defense and 
     United States Coast Guard civilian employees, and surviving 
     spouses'' after ``ordered to be closed''.
       (c) Authority to Use Appropriated Funds.--Notwithstanding 
     subsection (i) of such section, amounts appropriated or 
     otherwise made available by this title under the heading 
     ``Homeowners Assistance Fund'' may be used for the Homeowners 
     Assistance Fund established under such section.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                           medical facilities

        For an additional amount for ``Medical Facilities'' for 
     non-recurring maintenance, including energy projects, 
     $1,000,000,000, to remain available until September 30, 2010: 
     Provided, That not later than 30 days after the date of 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committees on Appropriations of both 
     Houses of Congress an expenditure plan for funds provided 
     under this heading.

                    National Cemetery Administration

       For an additional amount for ``National Cemetery 
     Administration'' for monument and memorial repairs, including 
     energy projects, $50,000,000, to remain available until 
     September 30, 2010: Provided, That not later than 30 days 
     after the date of enactment of this Act, the Secretary of 
     Veterans Affairs shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this heading.

                      Departmental Administration

                       general operating expenses

       For an additional amount for ``General Operating 
     Expenses'', $150,000,000, to remain available until September 
     30, 2010, for additional expenses related to hiring and 
     training temporary surge claims processors.

                     information technology systems

       For an additional amount for ``Information Technology 
     Systems'', $50,000,000, to remain available until September 
     30, 2010, for the Veterans Benefits Administration: Provided, 
     That not later than 30 days after the enactment of this Act, 
     the Secretary of Veterans Affairs shall submit to the 
     Committees on Appropriations of both Houses of Congress an 
     expenditure plan for funds provided under this heading.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $1,000,000, to remain available until September 
     30, 2011, for oversight and audit of programs, grants and 
     projects funded under this title.

       grants for construction of state extended care facilities

       For an additional amount for ``Grants for Construction of 
     State Extended Care Facilities'', $150,000,000, to remain 
     available until September 30, 2010, for grants to assist 
     States to acquire or construct State nursing home and 
     domiciliary facilities and to remodel, modify, or alter 
     existing hospital, nursing home, and domiciliary facilities 
     in State homes, for furnishing care to veterans as authorized 
     by sections 8131 through 8137 of title 38, United States 
     Code.

                        Administrative Provision

       Sec. 1002.  Payments to Eligible Persons Who Served in the 
     United States Armed Forces in the Far East During World War 
     II.  (a) Findings.--Congress makes the following findings:
       (1) The Philippine islands became a United States 
     possession in 1898 when they were ceded from Spain following 
     the Spanish-American War.
       (2) During World War II, Filipinos served in a variety of 
     units, some of which came under the direct control of the 
     United States Armed Forces.
       (3) The regular Philippine Scouts, the new Philippine 
     Scouts, the Guerrilla Services, and more than 100,000 members 
     of the Philippine Commonwealth Army were called into the 
     service of the United States Armed Forces of the Far East on 
     July 26, 1941, by an executive order of President Franklin D. 
     Roosevelt.
       (4) Even after hostilities had ceased, wartime service of 
     the new Philippine Scouts continued as a matter of law until 
     the end of 1946, and the force gradually disbanded and was 
     disestablished in 1950.
       (5) Filipino veterans who were granted benefits prior to 
     the enactment of the so-called Rescissions Acts of 1946 
     (Public Laws 79-301 and 79-391) currently receive full 
     benefits under laws administered by the Secretary of Veterans 
     Affairs, but under section 107 of title 38, United States 
     Code, the service of certain other Filipino veterans is 
     deemed not to be active service for purposes of such laws.
       (6) These other Filipino veterans only receive certain 
     benefits under title 38, United States Code, and, depending 
     on where they legally reside, are paid such benefit amounts 
     at reduced rates.
       (7) The benefits such veterans receive include service-
     connected compensation benefits paid under chapter 11 of 
     title 38, United States Code, dependency indemnity 
     compensation survivor benefits paid under chapter 13 of title 
     38, United States Code, and burial benefits under chapters 23 
     and 24 of title 38, United States Code, and such benefits are 
     paid to beneficiaries at the rate of $0.50 per dollar 
     authorized, unless they lawfully reside in the United States.
       (8) Dependents' educational assistance under chapter 35 of 
     title 38, United States Code, is also payable for the 
     dependents of such veterans at the rate of $0.50 per dollar 
     authorized, regardless of the veterans' residency.
       (b) Compensation Fund.--
       (1) In General.--There is in the general fund of the 
     Treasury a fund to be known as the ``Filipino Veterans Equity 
     Compensation Fund'' (in this section referred to as the 
     ``compensation fund'').
       (2) Availability of Funds.--Subject to the availability of 
     appropriations for such purpose, amounts in the fund shall be 
     available to the Secretary of Veterans Affairs without fiscal 
     year limitation to make payments to eligible persons in 
     accordance with this section.
       (c) Payments.--
       (1) In General.--The Secretary may make a payment from the 
     compensation fund to an eligible person who, during the one-
     year period beginning on the date of the enactment of this 
     Act, submits to the Secretary a claim for benefits under this 
     section. The application for the claim shall contain such 
     information and evidence as the Secretary may require.
       (2) Payment to Surviving Spouse.--If an eligible person who 
     has filed a claim for benefits under this section dies before 
     payment is made under this section, the payment under this 
     section shall be made instead to the surviving spouse, if 
     any, of the eligible person.
       (d) Eligible Persons.--An eligible person is any person 
     who--
       (1) served--
       (A) before July 1, 1946, in the organized military forces 
     of the Government of the Commonwealth of the Philippines, 
     while such forces were in the service of the Armed Forces of 
     the United States pursuant to the military order of the 
     President dated July 26, 1941, including among such military 
     forces organized guerrilla forces under commanders appointed, 
     designated, or subsequently recognized by the Commander in 
     Chief, Southwest Pacific Area, or other competent authority 
     in the Army of the United States; or
       (B) in the Philippine Scouts under section 14 of the Armed 
     Forces Voluntary Recruitment Act of 1945 (59 Stat. 538); and
       (2) was discharged or released from service described in 
     paragraph (1) under conditions other than dishonorable.
       (e) Payment Amounts.--Each payment under this section shall 
     be--
       (1) in the case of an eligible person who is not a citizen 
     of the United States, in the amount of $9,000; and
       (2) in the case of an eligible person who is a citizen of 
     the United States, in the amount of $15,000.
       (f) Limitation.--The Secretary may not make more than one 
     payment under this section for each eligible person described 
     in subsection (d).
       (g) Clarification of Treatment of Payments Under Certain 
     Laws.--Amounts paid to a person under this section--
       (1) shall be treated for purposes of the internal revenue 
     laws of the United States as damages for human suffering; and
       (2) shall not be included in income or resources for 
     purposes of determining--
       (A) eligibility of an individual to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code, or the amount of such benefits;
       (B) eligibility of an individual to receive benefits under 
     title VIII of the Social Security Act, or the amount of such 
     benefits; or

[[Page H1330]]

       (C) eligibility of an individual for, or the amount of 
     benefits under, any other Federal or federally assisted 
     program.
       (h) Release.--
       (1) In General.--Except as provided in paragraph (2), the 
     acceptance by an eligible person or surviving spouse, as 
     applicable, of a payment under this section shall be final, 
     and shall constitute a complete release of any claim against 
     the United States by reason of any service described in 
     subsection (d).
       (2) Payment of Prior Eligibility Status.--Nothing in this 
     section shall prohibit a person from receiving any benefit 
     (including health care, survivor, or burial benefits) which 
     the person would have been eligible to receive based on laws 
     in effect as of the day before the date of the enactment of 
     this Act.
       (i) Recognition of Service.--The service of a person as 
     described in subsection (d) is hereby recognized as active 
     military service in the Armed Forces for purposes of, and to 
     the extent provided in, this section.
       (j) Administration.--
       (1) The Secretary shall promptly issue application forms 
     and instructions to ensure the prompt and efficient 
     administration of the provisions of this section.
       (2) The Secretary shall administer the provisions of this 
     section in a manner consistent with applicable provisions of 
     title 38, United States Code, and other provisions of law, 
     and shall apply the definitions in section 101 of such title 
     in the administration of such provisions, except to the 
     extent otherwise provided in this section.
       (k) Reports.--The Secretary shall include, in documents 
     submitted to Congress by the Secretary in support of the 
     President's budget for each fiscal year, detailed information 
     on the operation of the compensation fund, including the 
     number of applicants, the number of eligible persons 
     receiving benefits, the amounts paid out of the compensation 
     fund, and the administration of the compensation fund for the 
     most recent fiscal year for which such data is available.
       (l) Authorization of Appropriation.--There is authorized to 
     be appropriated to the compensation fund $198,000,000, to 
     remain available until expended, to make payments under this 
     section.

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

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'' for urgent domestic facilities requirements for 
     passport and training functions, $90,000,000: Provided, That 
     the Secretary of State shall submit to the Committees on 
     Appropriations within 90 days of enactment of this Act a 
     detailed spending plan for funds appropriated under this 
     heading: Provided further, That with respect to the funds 
     made available for passport agencies, such plan shall be 
     developed in consultation with the Department of Homeland 
     Security and the General Services Administration and shall 
     coordinate and co-locate, to the extent feasible, passport 
     agencies with other Federal facilities.

                        capital investment fund


                     (including transfer of funds)

       For an additional amount for ``Capital Investment Fund'', 
     $290,000,000, for information technology security and 
     upgrades to support mission-critical operations, of which up 
     to $38,000,000 shall be transferred to, and merged with, 
     funds made available under the heading ``Capital Investment 
     Fund'' of the United States Agency for International 
     Development: Provided, That the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall coordinate information technology systems, 
     where appropriate, to increase efficiencies and eliminate 
     redundancies, to include co-location of backup information 
     management facilities, and shall submit to the Committees on 
     Appropriations within 90 days of enactment of this Act a 
     detailed spending plan for funds appropriated under this 
     heading.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'' for oversight requirements, $2,000,000.

                       International Commissions


 International Boundary and Water Commission, United States and Mexico

                              construction

                     (including transfer of funds)

       For an additional amount for ``Construction'' for the water 
     quantity program to meet immediate repair and rehabilitation 
     requirements, $220,000,000: Provided, That up to $2,000,000 
     may be transferred to, and merged with, funds available under 
     the heading ``International Boundary and Water Commission, 
     United States and Mexico--Salaries and Expenses'': Provided 
     further, That the Secretary of State shall submit to the 
     Committees on Appropriations within 90 days of enactment of 
     this Act a detailed spending plan for funds appropriated 
     under this heading.

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

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


supplemental discretionary grants for a national surface transportation 
                                 system

       For an additional amount for capital investments in surface 
     transportation infrastructure, $1,500,000,000, to remain 
     available through September 30, 2011: Provided, That the 
     Secretary of Transportation shall distribute funds provided 
     under this heading as discretionary grants to be awarded to 
     State and local governments or transit agencies on a 
     competitive basis for projects that will have a significant 
     impact on the Nation, a metropolitan area, or a region: 
     Provided further, That projects eligible for funding provided 
     under this heading shall include, but not be limited to, 
     highway or bridge projects eligible under title 23, United 
     States Code, including interstate rehabilitation, 
     improvements to the rural collector road system, the 
     reconstruction of overpasses and interchanges, bridge 
     replacements, seismic retrofit projects for bridges, and road 
     realignments; public transportation projects eligible under 
     chapter 53 of title 49, United States Code, including 
     investments in projects participating in the New Starts or 
     Small Starts programs that will expedite the completion of 
     those projects and their entry into revenue service; 
     passenger and freight rail transportation projects; and port 
     infrastructure investments, including projects that connect 
     ports to other modes of transportation and improve the 
     efficiency of freight movement: Provided further, That of the 
     amount made available under this paragraph, the Secretary may 
     use an amount not to exceed $200,000,000 for the purpose of 
     paying the subsidy and administrative costs of projects 
     eligible for federal credit assistance under chapter 6 of 
     title 23, United States Code, if the Secretary finds that 
     such use of the funds would advance the purposes of this 
     paragraph: Provided further, That in distributing funds 
     provided under this heading, the Secretary shall take such 
     measures so as to ensure an equitable geographic distribution 
     of funds and an appropriate balance in addressing the needs 
     of urban and rural communities: Provided further, That a 
     grant funded under this heading shall be not less than 
     $20,000,000 and not greater than $300,000,000: Provided 
     further, That the Secretary may waive the minimum grant size 
     cited in the preceding proviso for the purpose of funding 
     significant projects in smaller cities, regions, or States: 
     Provided further, That not more than 20 percent of the funds 
     made available under this paragraph may be awarded to 
     projects in a single State: Provided further, That the 
     Federal share of the costs for which an expenditure is made 
     under this heading may be up to 100 percent: Provided 
     further, That the Secretary shall give priority to projects 
     that require a contribution of Federal funds in order to 
     complete an overall financing package, and to projects that 
     are expected to be completed within 3 years of enactment of 
     this Act: Provided further, That the Secretary shall publish 
     criteria on which to base the competition for any grants 
     awarded under this heading not later than 90 days after 
     enactment of this Act: Provided further, That the Secretary 
     shall require applications for funding provided under this 
     heading to be submitted not later than 180 days after the 
     publication of such criteria, and announce all projects 
     selected to be funded from such funds not later than 1 year 
     after enactment of this Act: Provided further, That projects 
     conducted using funds provided under this heading must comply 
     with the requirements of subchapter IV of chapter 31 of title 
     40, United States Code: Provided further, That the Secretary 
     may retain up to $1,500,000 of the funds provided under this 
     heading, and may transfer portions of those funds to the 
     Administrators of the Federal Highway Administration, the 
     Federal Transit Administration, the Federal Railroad 
     Administration and the Maritime Administration, to fund the 
     award and oversight of grants made under this heading.

                    Federal Aviation Administration

           supplemental funding for facilities and equipment

       For an additional amount for necessary investments in 
     Federal Aviation Administration infrastructure, $200,000,000, 
     to remain available through September 30, 2010: Provided, 
     That funding provided under this heading shall be used to 
     make improvements to power systems, air route traffic control 
     centers, air traffic control towers, terminal radar approach 
     control facilities, and navigation and landing equipment: 
     Provided further, That priority be given to such projects or 
     activities that will be completed within 2 years of enactment 
     of this Act: Provided further, That amounts made available 
     under this heading may be provided through grants in addition 
     to the other instruments authorized under section 106(l)(6) 
     of title 49, United States Code: Provided further, That the 
     Federal share of the costs for which an expenditure is made 
     under this heading shall be 100 percent: Provided further, 
     That amounts provided under this heading may be used for 
     expenses the agency incurs in administering this program: 
     Provided further, That not more than 60 days after enactment 
     of this Act, the Administrator shall establish a process for 
     applying, reviewing and awarding grants and cooperative and 
     other transaction agreements, including the form and content 
     of an application, and requirements for the maintenance of 
     records that are necessary to facilitate an effective audit 
     of the use of the funding provided: Provided further, That 
     section 50101 of title 49, United States Code, shall apply to 
     funds provided under this heading.


                       Grants-In-Aid for Airports

       For an additional amount for ``Grants-In-Aid for 
     Airports'', to enable the Secretary of Transportation to make 
     grants for discretionary projects as authorized by subchapter 
     1 of chapter 471 and subchapter 1 of chapter 475 of title 49, 
     United States Code, and for the procurement, installation and 
     commissioning of runway incursion prevention devices and 
     systems at airports of such title, $1,100,000,000, to remain 
     available through September 30, 2010: Provided, That such 
     funds shall not be subject to apportionment formulas, special 
     apportionment categories, or minimum percentages under 
     chapter 471: Provided further, That the Secretary shall 
     distribute funds provided under this heading as discretionary 
     grants to airports, with priority given to those projects 
     that demonstrate to his

[[Page H1331]]

     satisfaction their ability to be completed within 2 years of 
     enactment of this Act, and serve to supplement and not 
     supplant planned expenditures from airport-generated revenues 
     or from other State and local sources on such activities: 
     Provided further, That the Secretary shall award grants 
     totaling not less than 50 percent of the funds made available 
     under this heading within 120 days of enactment of this Act, 
     and award grants for the remaining amounts not later than 1 
     year after enactment of this Act: Provided further, That the 
     Federal share payable of the costs for which a grant is made 
     under this heading shall be 100 percent: Provided further, 
     That the amount made available under this heading shall not 
     be subject to any limitation on obligations for the Grants-
     in-Aid for Airports program set forth in any Act: Provided 
     further, That the Administrator of the Federal Aviation 
     Administration may retain up to 0.2 percent of the funds 
     provided under this heading to fund the award and oversight 
     by the Administrator of grants made under this heading.

                     Federal Highway Administration


                   highway infrastructure investment

       For an additional amount for restoration, repair, 
     construction and other activities eligible under paragraph 
     (b) of section 133 of title 23, United States Code, and for 
     passenger and freight rail transportation and port 
     infrastructure projects eligible for assistance under 
     subsection 601(a)(8) of such title, $27,500,000,000, to 
     remain available through September 30, 2010: Provided, That, 
     after making the set-asides required under this heading, 50 
     percent of the funds made available under this heading shall 
     be apportioned to States using the formula set forth in 
     section 104(b)(3) of title 23, United States Code, and the 
     remaining funds shall be apportioned to States in the same 
     ratio as the obligation limitation for fiscal year 2008 was 
     distributed among the States in accordance with the formula 
     specified in section 120(a)(6) of division K of Public Law 
     110-161: Provided further, That funds made available under 
     this heading shall be apportioned not later than 21 days 
     after the date of enactment of this Act: Provided further, 
     That in selecting projects to be carried out with funds 
     apportioned under this heading, priority shall be given to 
     projects that are projected for completion within a 3-year 
     time frame, and are located in economically distressed areas 
     as defined by section 301 of the Public Works and Economic 
     Development Act of 1965, as amended (42 U.S.C. 3161): 
     Provided further, That 120 days following the date of such 
     apportionment, the Secretary of Transportation shall withdraw 
     from each State an amount equal to 50 percent of the funds 
     awarded to that State (excluding funds suballocated within 
     the State) less the amount of funding obligated (excluding 
     funds suballocated within the State), and the Secretary shall 
     redistribute such amounts to other States that have had no 
     funds withdrawn under this proviso in the manner described in 
     section 120(c) of division K of Public Law 110-161: Provided 
     further, That 1 year following the date of such 
     apportionment, the Secretary shall withdraw from each 
     recipient of funds apportioned under this heading any 
     unobligated funds, and the Secretary shall redistribute such 
     amounts to States that have had no funds withdrawn under this 
     proviso (excluding funds suballocated within the State) in 
     the manner described in section 120(c) of division K of 
     Public Law 110-161: Provided further, That at the request of 
     a State, the Secretary of Transportation may provide an 
     extension of such 1-year period only to the extent that he 
     feels satisfied that the State has encountered extreme 
     conditions that create an unworkable bidding environment or 
     other extenuating circumstances: Provided further, That 
     before granting such an extension, the Secretary shall send a 
     letter to the House and Senate Committees on Appropriations 
     that provides a thorough justification for the extension: 
     Provided further, That 3 percent of the funds apportioned to 
     a State under this heading shall be set aside for the 
     purposes described in subsection 133(d)(2) of title 23, 
     United States Code (without regard to the comparison to 
     fiscal year 2005): Provided further, That 30 percent of the 
     funds apportioned to a State under this heading shall be 
     suballocated within the State in the manner and for the 
     purposes described in the first sentence of subsection 
     133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 
     133(d)(3)(D): Provided further, That such suballocation shall 
     be conducted in every State Provided further, That funds 
     suballocated within a State to urbanized areas and other 
     areas shall not be subject to the redistribution of amounts 
     required 120 days following the date of apportionment of 
     funds provided under this heading: Provided further, That of 
     the funds provided under this heading, $105,000,000 shall be 
     for the Puerto Rico highway program authorized under section 
     165 of title 23, United States Code, and $45,000,000 shall be 
     for the territorial highway program authorized under section 
     215 of title 23, United States Code: Provided further, That 
     of the funds provided under this heading, $60,000,000 shall 
     be for capital expenditures eligible under section 147 of 
     title 23, United States Code (without regard to 
     subsection(d)): Provided further, That the Secretary of 
     Transportation shall distribute such $60,000,000 as 
     competitive discretionary grants to States, with priority 
     given to those projects that demonstrate to his satisfaction 
     their ability to be completed within 2 years of enactment of 
     this Act: Provided further, That of the funds provided under 
     this heading, $550,000,000 shall be for investments in 
     transportation at Indian reservations and Federal lands: 
     Provided further, That of the funds identified in the 
     preceding proviso, $310,000,000 shall be for the Indian 
     Reservation Roads program, $170,000,000 shall be for the Park 
     Roads and Parkways program, $60,000,000 shall be for the 
     Forest Highway Program, and $10,000,000 shall be for the 
     Refuge Roads program: Provided further, That for investments 
     at Indian reservations and Federal lands, priority shall be 
     given to capital investments, and to projects and activities 
     that can be completed within 2 years of enactment of this 
     Act: Provided further, That 1 year following the enactment of 
     this Act, to ensure the prompt use of the $550,000,000 
     provided for investments at Indian reservations and Federal 
     lands, the Secretary shall have the authority to redistribute 
     unobligated funds within the respective program for which the 
     funds were appropriated: Provided further, That up to 4 
     percent of the funding provided for Indian Reservation Roads 
     may be used by the Secretary of the Interior for program 
     management and oversight and project-related administrative 
     expenses: Provided further, That section 134(f)(3)(C)(ii)(II) 
     of title 23, United States Code, shall not apply to funds 
     provided under this heading: Provided further, That of the 
     funds made available under this heading, $20,000,000 shall be 
     for highway surface transportation and technology training 
     under section 140(b) of title 23, United States Code, and 
     $20,000,000 shall be for disadvantaged business enterprises 
     bonding assistance under section 332(e) of title 49, United 
     States Code: Provided further, That funds made available 
     under this heading shall be administered as if apportioned 
     under chapter 1 of title 23, United States Code, except for 
     funds made available for investments in transportation at 
     Indian reservations and Federal lands, and for the 
     territorial highway program, which shall be administered in 
     accordance with chapter 2 of title 23, United States Code, 
     and except for funds made available for disadvantaged 
     business enterprises bonding assistance, which shall be 
     administered in accordance with chapter 3 of title 49, United 
     States Code: Provided further, That the Federal share payable 
     on account of any project or activity carried out with funds 
     made available under this heading shall be, at the option of 
     the recipient, up to 100 percent of the total cost thereof: 
     Provided further, That funds made available by this Act shall 
     not be obligated for the purposes authorized under section 
     115(b) of title 23, United States Code: Provided further, 
     That funding provided under this heading shall be in addition 
     to any and all funds provided for fiscal years 2009 and 2010 
     in any other Act for ``Federal-aid Highways'' and shall not 
     affect the distribution of funds provided for ``Federal-aid 
     Highways'' in any other Act: Provided further, That the 
     amount made available under this heading shall not be subject 
     to any limitation on obligations for Federal-aid highways or 
     highwaty safety construction programs set forth in any Act: 
     Provided further, That section 1101(b) of Public Law 109-59 
     shall apply to funds apportioned under this heading: Provided 
     further, That the Administrator of the Federal Highway 
     Administration may retain up to $40,000,000 of the funds 
     provided under this heading to fund the oversight by the 
     Administrator of projects and activities carried out with 
     funds made available to the Federal Highway Administration in 
     this Act and such funds shall be available through September 
     30, 2012.

                    Federal Railroad Administration


    Capital Assistance for High Speed Rail Corridors and Intercity 
                         Passenger Rail Service

       For an additional amount for section 501 of Public Law 110-
     432 and discretionary grants to States to pay for the cost of 
     projects described in paragraphs (2)(A) and (2)(B) of section 
     24401 of title 49, United States Code, subsection (b) of 
     section 24105 of such title, $8,000,000,000, to remain 
     available through September 30, 2012: Provided, That the 
     Secretary of Transportation shall give priority to projects 
     that support the development of intercity high speed rail 
     service: Provided further, That within 60 days of the 
     enactment of this Act, the Secretary shall submit to the 
     House and Senate Committees on Appropriations a strategic 
     plan that describes how the Secretary will use the funding 
     provided under this heading to improve and deploy high speed 
     passenger rail systems: Provided further, That within 120 
     days of enactment of this Act, the Secretary shall issue 
     interim guidance to applicants covering grant terms, 
     conditions, and procedures until final regulations are 
     issued: Provided further, That such interim guidance shall 
     provide separate instructions for the high speed rail 
     corridor program, capital assistance for intercity passenger 
     rail service grants, and congestion grants: Provided further, 
     That the Secretary shall waive the requirement that a project 
     conducted using funds provided under this heading be in a 
     State rail plan developed under chapter 227 of title 49, 
     United States Code: Provided further, That the Federal share 
     payable of the costs for which a grant is made under this 
     heading shall be, at the option of the recipient, up to 100 
     percent: Provided further, That projects conducted using 
     funds provided under this heading must comply with the 
     requirements of subchapter IV of chapter 31 of title 40, 
     United States Code: Provided further, That section 24405 of 
     title 49, United States Code, shall apply to funds provided 
     under this heading: Provided further, That the Administrator 
     of the Federal Railroad Administration may retain up to one-
     quarter of 1 percent of the funds provided under this heading 
     to fund the award and oversight by the Administrator of 
     grants made under this heading, and funds retained for said 
     purposes shall remain available through September 30, 2014.


     capital grants to the national railroad passenger corporation

       For an additional amount for the National Railroad 
     Passenger Corporation (Amtrak) to enable the Secretary of 
     Transportation to make capital grants to Amtrak as authorized 
     by section 101(c) of the Passenger Rail Investment and 
     Improvement Act of 2008 (Public Law 110-432),

[[Page H1332]]

     $1,300,000,000, to remain available through September 30, 
     2010, of which $450,000,000 shall be used for capital 
     security grants: Provided, That priority for the use of non-
     security funds shall be given to projects for the repair, 
     rehabilitation, or upgrade of railroad assets or 
     infrastructure, and for capital projects that expand 
     passenger rail capacity including the rehabilitation of 
     rolling stock: Provided further, That none of the funds under 
     this heading shall be used to subsidize the operating losses 
     of Amtrak: Provided further, That funds provided under this 
     heading shall be awarded not later than 30 days after the 
     date of enactment of this Act: Provided further, That the 
     Secretary shall take measures to ensure that projects funded 
     under this heading shall be completed within 2 years of 
     enactment of this Act, and shall serve to supplement and not 
     supplant planned expenditures for such activities from other 
     Federal, State, local and corporate sources: Provided 
     further, That the Secretary shall certify to the House and 
     Senate Committees on Appropriations in writing compliance 
     with the preceding proviso: Provided further, That not more 
     than 60 percent of the funds provided for non-security 
     activities under this heading may be used for capital 
     projects along the Northeast Corridor: Provided further, That 
     of the funding provided under this heading, $5,000,000 shall 
     be made available for the Amtrak Office of Inspector General 
     and made available through September 30, 2013.

                     Federal Transit Administration


                       transit capital assistance

       For an additional amount for transit capital assistance 
     grants authorized under section 5302(a)(1) of title 49, 
     United States Code, $6,900,000,000, to remain available 
     through September 30, 2010: Provided, That the Secretary of 
     Transportation shall provide 80 percent of the funds 
     appropriated under this heading for grants under section 5307 
     of title 49, United States Code, and apportion such funds in 
     accordance with section 5336 of such title (other than 
     subsections (i)(1) and (j)): Provided further, That the 
     Secretary shall apportion 10 percent of the funds 
     appropriated under this heading in accordance with section 
     5340 of such title: Provided further, That the Secretary 
     shall provide 10 percent of the funds appropriated under this 
     heading for grants under section 5311 of title 49, United 
     States Code, and apportion such funds in accordance with such 
     section: Provided further, That funds apportioned under this 
     heading shall be apportioned not later than 21 days after the 
     date of enactment of this Act: Provided further, That 180 
     days following the date of such apportionment, the Secretary 
     shall withdraw from each urbanized area or State an amount 
     equal to 50 percent of the funds apportioned to such 
     urbanized areas or States less the amount of funding 
     obligated, and the Secretary shall redistribute such amounts 
     to other urbanized areas or States that have had no funds 
     withdrawn under this proviso utilizing whatever method he 
     deems appropriate to ensure that all funds redistributed 
     under this proviso shall be utilized promptly: Provided 
     further, That 1 year following the date of such 
     apportionment, the Secretary shall withdraw from each 
     urbanized area or State any unobligated funds, and the 
     Secretary shall redistribute such amounts to other urbanized 
     areas or States that have had no funds withdrawn under this 
     proviso utilizing whatever method he deems appropriate to 
     ensure that all funds redistributed under this proviso shall 
     be utilized promptly: Provided further, That at the request 
     of an urbanized area or State, the Secretary of 
     Transportation may provide an extension of such 1-year period 
     if he feels satisfied that the urbanized area or State has 
     encountered an unworkable bidding environment or other 
     extenuating circumstances: Provided further, That before 
     granting such an extension, the Secretary shall send a letter 
     to the House and Senate Committees on Appropriations that 
     provides a thorough justification for the extension: Provided 
     further, That of the funds provided for section 5311 of title 
     49, United States Code, 2.5 percent shall be made available 
     for section 5311(c)(1): Provided further, That of the funding 
     provided under this heading, $100,000,000 shall be 
     distributed as discretionary grants to public transit 
     agencies for capital investments that will assist in reducing 
     the energy consumption or greenhouse gas emissions of their 
     public transportation systems: Provided further, That for 
     such grants on energy-related investments, priority shall be 
     given to projects based on the total energy savings that are 
     projected to result from the investment, and projected energy 
     savings as a percentage of the total energy usage of the 
     public transit agency: Provided further, That applicable 
     chapter 53 requirements shall apply to funding provided under 
     this heading, except that the Federal share of the costs for 
     which any grant is made under this heading shall be, at the 
     option of the recipient, up to 100 percent: Provided further, 
     That the amount made available under this heading shall not 
     be subject to any limitation on obligations for transit 
     programs set forth in any Act: Provided further, That section 
     1101(b) of Public Law 109-59 shall apply to funds 
     appropriated under this heading: Provided further, That the 
     funds appropriated under this heading shall not be comming 
     led with any prior year funds: Provided further, That 
     notwithstanding any other provision of law, three-quarters of 
     1 percent of the funds provided for grants under section 5307 
     and section 5340, and one-half of 1 percent of the funds 
     provided for grants under section 5311, shall be available 
     for administrative expenses and program management oversight, 
     and such funds shall be available through September 30, 2012.

                fixed guideway infrastructure investment

       For an amount for capital expenditures authorized under 
     section 5309(b)(2) of title 49, United States Code, 
     $750,000,000, to remain available through September 30, 2010: 
     Provided, That the Secretary of Transportation shall 
     apportion funds under this heading pursuant to the formula 
     set forth in section 5337 of title 49, United States Code: 
     Provided further, That the funds appropriated under this 
     heading shall not be commingled with any prior year funds: 
     Provided further, That funds made available under this 
     heading shall be apportioned not later than 21 days after the 
     date of enactment of this Act: Provided further, That 180 
     days following the date of such apportionment, the Secretary 
     shall withdraw from each urbanized area an amount equal to 50 
     percent of the funds apportioned to such urbanized area 
     amounts to other urbanized areas that have had no funds 
     withdrawn under this proviso utilizing whatever method he or 
     she deems appropriate to ensure that all funds redistributed 
     under this proviso shall be utilized promptly: Provided 
     further, That 1 year following the date of such 
     apportionment, the Secretary shall withdraw from each 
     urbanized area any unobligated funds, and the Secretary shall 
     redistribute such amounts to other urbanized areas that have 
     had no funds withdrawn under this provision utilizing 
     whatever method he or she deems appropriate to ensure that 
     all funds redistributed under this proviso shall be utilized 
     promptly: Provided further, That at the request of an 
     urbanized area, the Secretary of Transportation may provide 
     an extension of such 1-year period if he or she feels 
     satisfied that the urbanized area has encountered an 
     unworkable bidding environment or other extenuating 
     circumstances: Provided further, That hbefore granting such 
     an extension, the Secretary shall send a letter to the House 
     and Senate Committees on Appropriations that provides a 
     thorough justification for the extension: Provided further, 
     That applicable chapter 53 requirements shall apply except 
     that the Federal share of the costs for which a grant is made 
     under this heading shall be, at the option of the recipient, 
     up to 100 percent: Provided further, That the provisions of 
     section 1101(b) of Public Law 109-59 shall apply to funds 
     made available under this heading: Provided further, That 
     notwithstanding any other provision of law, up to 1 percent 
     of the funds under this heading shall be available for 
     administrative expenses and program management oversight and 
     shall remain available for obligation until September 30, 
     2012.


                       capital investment grants

        For an additional amount for ``Capital Investment 
     Grants'', as authorized under section 5338(c)(4) of title 49, 
     United States Code, and allocated under section 5309(m)(2)(A) 
     of such title, to enable the Secretary of Transportation to 
     make discretionary grants as authorized by section 5309(d) 
     and (e) of such title, $750,000,000, to remain available 
     through September 30, 2010: Provided, That such amount shall 
     be allocated without regard to the limitation under section 
     5309(m)(2)(A)(i): Provided further, That in selecting 
     projects to be funded, priority shall be given to projects 
     that are currently in construction or are able to obligate 
     funds within 150 days of enactment of this Act: Provided 
     further, That the provisions of section 1101(b) of Public Law 
     109-59 shall apply to funds made available under this 
     heading: Provided further, That funds appropriated under this 
     heading shall not be commingled with any prior year funds: 
     Provided further, That applicable chapter 53 requirements 
     shall apply, except that notwithstanding any other provision 
     of law, up to 1 percent of the funds provided under this 
     heading shall be available for administrative expenses and 
     program management oversight, and shall remain available 
     through September 30, 2012.

                        Maritime Administration


         supplemental grants for assistance to small shipyards

       To make grants to qualified shipyards as authorized under 
     section 3508 of Public Law 110-417 or section 54101 of title 
     46, United States Code, $100,000,000, to remain available 
     through September 30, 2010: Provided, That the Secretary of 
     Transportation shall institute measures to ensure that funds 
     provided under this heading shall be obligated within 180 
     days of the date of their distribution: Provided further, 
     That the Maritime Administrator may retain and transfer to 
     ``Maritime Administration, Operations and Training'' up to 2 
     percent of the funds provided under this heading to fund the 
     award and oversight by the Administrator of grants made under 
     this heading.

                      Office of Inspector General


                         salaries and expenses

       For an additional amount for necessary expenses of the 
     Office of Inspector General to carry out the provisions of 
     the Inspector General Act of 1978, as amended, $20,000,000, 
     to remain available through September 30, 2013: Provided, 
     That the funding made available under this heading shall be 
     used for conducting audits and investigations of projects and 
     activities carried out with funds made available in this Act 
     to the Department of Transportation: Provided further, That 
     the Inspector General shall have all necessary authority, in 
     carrying out the duties specified in the Inspector General 
     Act, as amended (5 U.S.C. App. 3), to investigate allegations 
     of fraud, including false statements to the Government (18 
     U.S.C. 1001), by any person or entity that is subject to 
     regulation by the Department.

            GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION

       Sec. 1201. (a) Maintenance of Effort.--Not later than 30 
     days after the date of enactment of this Act, for each amount 
     that is distributed to a State or agency thereof from an 
     appropriation in this Act for a covered program, the Governor 
     of the State shall certify to the Secretary of Transportation 
     that the State will maintain its effort with regard to State 
     funding for the types of projects that are funded by the 
     appropriation. As part of this certification, the Governor

[[Page H1333]]

     shall submit to the Secretary of Transportation a statement 
     identifying the amount of funds the State planned to expend 
     from State sources as of the date of enactment of this Act 
     during the period beginning on the date of enactment of this 
     Act through September 30, 2010, for the types of projects 
     that are funded by the appropriation.
       (b) Failure To Maintain Effort.--
       If a State is unable to maintain the level of effort 
     certified pursuant to subsection (a), the State will be 
     prohibited by the Secretary of Transportation from receiving 
     additional limitation pursuant to the redistribution of the 
     limitation on obligations for Federal-aid highway and highway 
     safety construction programs that occurs after August 1 for 
     fiscal year 2011.
       (c) Periodic Reports.--
       (1) In general.--Notwithstanding any other provision of 
     law, each grant recipient shall submit to the covered agency 
     from which they received funding periodic reports on the use 
     of the funds appropriated in this Act for covered programs. 
     Such reports shall be collected and compiled by the covered 
     agency and transmitted to Congress. Covered agencies may 
     develop such reports on behalf of grant recipients to ensure 
     the accuracy and consistency of such reports.
       (2) Contents of Reports.--For amounts received under each 
     covered program by a grant recipient under this Act, the 
     grant recipient shall include in the periodic reports 
     information tracking-
       (A) the amount of Federal funds appropriated, allocated, 
     obligated, and outlayed under the appropriation;
       (B) the number of projects that have been put out to bid 
     under the appropriation and the amount of Federal funds 
     associated with such projects;
       (C) the number of projects for which contracts have been 
     awarded under the appropriation and the amount of Federal 
     funds associated with such contracts;
       (D) the number of projects for which work has begun under 
     such contracts and the amount of Federal funds associated 
     with such contracts;
       (E) the number of projects for which work has been 
     completed under such contracts and the amount of Federal 
     funds associated with such contracts;
       (F) the number of direct, on-project jobs created or 
     sustained by the Federal funds provided for projects under 
     the appropriation and, to the extent possible, the estimated 
     indirect jobs created or sustained in the associated 
     supplying industries, including the number of job-years 
     created and the total increase in employment since the date 
     of enactment of this Act; and
       (G) for each covered program report information tracking 
     the actual aggregate expenditures by each grant recipient 
     from State sources for projects eligible for funding under 
     the program during the period beginning on the date of 
     enactment of this Act through September 30, 2010, as compared 
     to the level of such expenditures that were planned to occur 
     during such period as of the date of enactment of this Act.
       (3) Timing of Reports.--Each grant recipient shall submit 
     the first of the periodic reports required under this 
     subsection not later than 90 days after the date of enactment 
     of this Act and shall submit updated reports not later than 
     180 days, 1 year, 2 years, and 3 years after such date of 
     enactment.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Covered Agency.--The term ``covered agency'' means the 
     Office of the Secretary of Transportation, the Federal 
     Aviation Administration, the Federal Highway Administration, 
     the Federal Railroad Administration, the Federal Transit 
     Administration and the Maritime Administration of the 
     Department of Transportation.
       (2) Covered Program.--The term ``covered program'' means 
     funds appropriated in this Act for ``Supplemental 
     Discretionary Grants for a National Surface Transportation 
     System'' to the Office of the Secretary of Transportation, 
     for ``Supplemental Funding for Facilities and Equipment'' and 
     ``Grants-in-Aid for Airports'' to the Federal Aviation 
     Administration; for ``Highway Infrastructure Investment'' to 
     the Federal Highway Administration; for ``Capital Assistance 
     for High Speed Rail Corridors and Intercity Passenger Rail 
     Service'' and ``Capital Grants to the National Railroad 
     Passenger Corporation'' to the Federal Railroad 
     Administration; for ``Transit Capital Assistance'', ``Fixed 
     Guideway Infrastructure Investment'', and ``Capital 
     Investment Grants'' to the Federal Transit Administration; 
     and ``Supplemental Grants for Assistance to Small Shipyards'' 
     to the Maritime Administration.
       (3) Grant recipient.--The term ``grant recipient'' means a 
     State or other recipient of assistance provided under a 
     covered program in this Act. Such term does not include a 
     Federal department or agency.
       (e) Notwithstanding any other provision of law, sections 
     3501-3521 of title 44, United States Code, shall not apply to 
     the provisions of this section.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                      public housing capital fund

       For an additional amount for the ``Public Housing Capital 
     Fund'' to carry out capital and management activities for 
     public housing agencies, as authorized under section 9 of the 
     United States Housing Act of 1937 (42 U.S.C. 1437g) (the 
     ``Act''), $4,000,000,000, to remain available until September 
     30, 2011: Provided, That the Secretary of Housing and Urban 
     Development shall distribute $3,000,000,000 of this amount by 
     the same formula used for amounts made available in fiscal 
     year 2008, except that the Secretary may determine not to 
     allocate funding to public housing agencies currently 
     designated as troubled or to public housing agencies that 
     elect not to accept such funding: Provided further, That the 
     Secretary shall obligate funds allocated by formula within 30 
     days of enactment of this Act: Provided further, That the 
     Secretary shall make available $1,000,000,000 by competition 
     for priority investments, including investments that leverage 
     private sector funding or financing for renovations and 
     energy conservation retrofit investments: Provided further, 
     That the Secretary shall obligate competitive funding by 
     September 30, 2009: Provided further, That public housing 
     authorities shall give priority to capital projects that can 
     award contracts based on bids within 120 days from the date 
     the funds are made available to the public housing 
     authorities: Provided further, That public housing agencies 
     shall give priority consideration to the rehabilitation of 
     vacant rental units: Provided further, That public housing 
     agencies shall prioritize capital projects that are already 
     underway or included in the 5-year capital fund plans 
     required by the Act (42 U.S.C. 1437c-1(a)): Provided further, 
     That notwithstanding any other provision of law, (1) funding 
     provided under this heading may not be used for operating or 
     rental assistance activities, and (2) any restriction of 
     funding to replacement housing uses shall be inapplicable: 
     Provided further, That notwithstanding any other provision of 
     law, the Secretary shall institute measures to ensure that 
     funds provided under this heading shall serve to supplement 
     and not supplant expenditures from other Federal, State, or 
     local sources or funds independently generated by the 
     grantee: Provided further, That notwithstanding section 9(j), 
     public housing agencies shall obligate 100 percent of the 
     funds within 1 year of the date on which funds become 
     available to the agency for obligation, shall expend at least 
     60 percent of funds within 2 years of the date on which funds 
     become available to the agency for obligation, and shall 
     expend 100 percent of the funds within 3 years of such date: 
     Provided further, That if a public housing agency fails to 
     comply with the 1-year obligation requirement, the Secretary 
     shall recapture all remaining unobligated funds awarded to 
     the public housing agency and reallocate such funds to 
     agencies that are in compliance with those requirements: 
     Provided further, That if a public housing agency fails to 
     comply with either the 2-year or the 3-year expenditure 
     requirement, the Secretary shall recapture the balance of the 
     funds awarded to the public housing agency and reallocate 
     such funds to agencies that are in compliance with those 
     requirements: Provided further, That in administering funds 
     appropriated or otherwise made available under this heading, 
     the Secretary may waive or specify alternative requirements 
     for any provision of any statute or regulation in connection 
     with the obligation by the Secretary or the use of these 
     funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a finding that such a waiver is necessary to expedite or 
     facilitate the use of such funds: Provided further, That, in 
     addition to waivers authorized under the previous proviso, 
     the Secretary may direct that requirements relating to the 
     procurement of goods and services arising under state and 
     local laws and regulations shall not apply to amounts made 
     available under this heading: Provided further, That of the 
     funds made available under this heading, up to .5 percent 
     shall be available for staffing, training, technical 
     assistance, technology, monitoring, travel, enforcement, 
     research and evaluation activities: Provided further, That 
     funds set aside in the previous proviso shall remain 
     available until September 30, 2012: Provided further, That 
     any funds made available under this heading used by the 
     Secretary for personnel expenses related to administering 
     funding under this heading shall be transferred to 
     ``Personnel Compensation and Benefits, Office of Public and 
     Indian Housing'' and shall retain the terms and conditions of 
     this account, including reprogramming provisions, except that 
     the period of availability set forth in the previous proviso 
     shall govern such transferred funds: Provided further, That 
     any funds made available under this heading used by the 
     Secretary for training or other administrative expenses shall 
     be transferred to ``Administration, Operations, and 
     Management'', for non-personnel expenses of the Department of 
     Housing and Urban Development: Provided further, That any 
     funds made available under this heading used by the Secretary 
     for technology shall be transferred to ``Working Capital 
     Fund''.

                  Native American Housing Block Grants

       For an additional amount for ``Native American Housing 
     Block Grants'', as authorized under title I of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (``NAHASDA'') (25 U.S.C. 4111 et seq.), $510,000,000 to 
     remain available until September 30, 2011: Provided, That 
     $255,000,000 of the amount provided under this heading shall 
     be distributed according to the same funding formula used in 
     fiscal year 2008: Provided further, That the Secretary shall 
     obligate funds allocated by formula within 30 days of 
     enactment of this Act: Provided further, That the amounts 
     distributed through the formula shall be used for new 
     construction, acquisition, rehabilitation including energy 
     efficiency and conservation, and infrastructure development: 
     Provided further, That in selecting projects to be funded, 
     recipients shall give priority to projects for which 
     contracts can be awarded within 180 days from the date that 
     funds are available to the recipients: Provided further, that 
     the Secretary may obligate $255,000,000 of the amount 
     provided under this heading for competitive grants to 
     eligible entities that apply for funds authorized under 
     NAHASDA: Provided further, That the Secretary shall obligate 
     competitive funding by September 30, 2009: Provided further, 
     That in awarding competitive funds, the Secretary shall

[[Page H1334]]

     give priority to projects that will spur construction and 
     rehabilitation and will create employment opportunities for 
     low-income and unemployed persons: Provided further, That 
     recipients of funds under this heading shall obligate 100 
     percent of such funds within 1 year of the date funds are 
     made available to a recipient, expend at least 50 percent of 
     such funds within 2 years of the date on which funds become 
     available to such recipients for obligation and expend 100 
     percent of such funds within 3 years of such date: Provided 
     further, That if a recipient fails to comply with the 2-year 
     expenditure requirement, the Secretary shall recapture all 
     remaining funds awarded to the recipient and reallocate such 
     funds through the funding formula to recipients that are in 
     compliance with these requirements: Provided further, That if 
     a recipient fails to comply with the 3-year expenditure 
     requirement, the Secretary shall recapture the balance of the 
     funds originally awarded to the recipient: Provided further, 
     That notwithstanding any other provision of law, the 
     Secretary may set aside up to 2 percent of funds made 
     available under this paragraph for a housing entity eligible 
     to receive funding under title VIII of NAHASDA (25 U.S.C. 
     4221 et seq.): Provided further, That in administering funds 
     appropriated or otherwise made available under this heading, 
     the Secretary may waive or specify alternative requirements 
     for any provision of any statute or regulation in connection 
     with the obligation by the Secretary or the use of these 
     funds (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a finding that such a waiver is necessary to expedite or 
     facilitate the use of such funds: Provided further, That of 
     the funds made available under this heading, up to .5 percent 
     shall be available for staffing, training, technical 
     assistance, technology, monitoring, travel, enforcement, 
     research and evaluation activities: Provided further, That 
     funds set aside in the previous proviso shall remain 
     available until September 30, 2012: Provided further, That 
     any funds made available under this heading used by the 
     Secretary for personnel expenses related to administering 
     funding under this heading shall be transferred to 
     ``Personnel Compensation and Benefits, Office of Public and 
     Indian Housing'' and shall retain the terms and conditions of 
     this account, including reprogramming provisions, except that 
     the period of availability set forth in the previous proviso 
     shall govern such transferred funds: Provided further, That 
     any funds made available under this heading used by the 
     Secretary for training or other administrative expenses shall 
     be transferred to ``Administration, Operations, and 
     Management'', for non-personnel expenses of the Department of 
     Housing and Urban Development: Provided further, That any 
     funds made available under this heading used by the Secretary 
     for technology shall be transferred to ``Working Capital 
     Fund''.

                   Community Planning and Development


                       community development fund

       For an additional amount for ``Community Development Fund'' 
     $1,000,000,000, to remain available until September 30, 2010 
     to carry out the community development block grant program 
     under title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.): Provided, That the amount 
     appropriated in this paragraph shall be distributed pursuant 
     to 42 U.S.C. 5306 to grantees that received funding in fiscal 
     year 2008: Provided further, That in administering the funds 
     appropriated in this paragraph, the Secretary of Housing and 
     Urban Development shall establish requirements to expedite 
     the use of the funds: Provided further, That in selecting 
     projects to be funded, recipients shall give priority to 
     projects that can award contracts based on bids within 120 
     days from the date the funds are made available to the 
     recipients: Provided further, That in administering funds 
     appropriated or otherwise made available under this heading, 
     the Secretary may waive or specify alternative requirements 
     for any provision of any statute or regulation in connection 
     with the obligation by the Secretary or the use by the 
     recipient of these funds (except for requirements related to 
     fair housing, nondiscrimination, labor standards, and the 
     environment), upon a finding that such waiver is necessary to 
     expedite or facilitate the timely use of such funds and would 
     not be inconsistent with the overall purpose of the statute.
       For the provision of emergency assistance for the 
     redevelopment of abandoned and foreclosed homes, as 
     authorized under division B, title III of the Housing and 
     Economic Recovery Act of 2008 (``the Act'') (Public Law 110-
     289) (42 U.S.C. 5301 note), $2,000,000,000, to remain 
     available until September 30, 2010: Provided, That grantees 
     shall expend at least 50 percent of allocated funds within 2 
     years of the date funds become available to the grantee for 
     obligation, and 100 percent of such funds within 3 years of 
     such date: Provided further, That unless otherwise noted 
     herein, the provisions of the Act govern the use of the 
     additional funds made available under this heading: Provided 
     further, That notwithstanding the provisions of sections 
     2301(b) and (c)(1) and section 2302 of the Act, funding under 
     this paragraph shall be allocated by competitions for which 
     eligible entities shall be States, units of general local 
     government, and nonprofit entities or consortia of nonprofit 
     entities, which may submit proposals in partnership with for 
     profit entities: Provided further, That in selecting 
     grantees, the Secretary of Housing and Urban Development 
     shall ensure that the grantees are in areas with the greatest 
     number and percentage of foreclosures and can expend funding 
     within the period allowed under this heading: Provided 
     further, That additional award criteria for such competitions 
     shall include demonstrated grantee capacity to execute 
     projects, leveraging potential, concentration of investment 
     to achieve neighborhood stabilization, and any additional 
     factors determined by the Secretary of Housing and Urban 
     Development: Provided further, That the Secretary may 
     establish a minimum grant size: Provided further, That the 
     Secretary shall publish criteria on which to base competition 
     for any grants awarded under this heading not later than 75 
     days after the enactment of this Act and applications shall 
     be due to HUD not later than 150 days after the enactment of 
     this Act: Provided further, That the Secretary shall obligate 
     all funding within 1 year of enactment of this Act: Provided 
     further, That section 2301(d)(4) of the Act is repealed: 
     Provided further, That section 2301(c)(3)(C) of the Act is 
     amended to read ``establish and operate land banks for homes 
     and residential properties that have been foreclosed upon'': 
     Provided further, That funding used for section 2301(c)(3)(E) 
     of the Act shall be available only for the redevelopment of 
     demolished or vacant properties as housing: Provided further, 
     That no amounts made available from a grant under this 
     heading may be used to demolish any public housing (as such 
     term is defined in section 3 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437a)): Provided further, That a grantee 
     may not use more than 10 percent of its grant under this 
     heading for demolition activities under section 2301(c)(3)(C) 
     and (D) unless the Secretary determines that such use 
     represents an appropriate response to local market 
     conditions: Provided further, That the recipient of any grant 
     or loan from amounts made available under this heading or, 
     after the date of enactment under division B, title III of 
     the Housing and Economic Recovery Act of 2008, may not refuse 
     to lease a dwelling unit in housing with such loan or grant 
     to a participant under section 8 of the United States Housing 
     Act of 1937 (42 U.S.C. 1437f) because of the status of the 
     prospective tenant as such a participant: Provided further, 
     That in addition to the eligible uses in section 2301, the 
     Secretary may also use up to 10 percent of the funds provided 
     under this heading for grantees for the provision of capacity 
     building of and support for local communities receiving 
     funding under section 2301 of the Act or under this heading: 
     Provided further, That in administering funds appropriated or 
     otherwise made available under this section, the Secretary 
     may waive or specify alternative requirements for any 
     provision of any statute or regulation in connection with the 
     obligation by the Secretary or the use of funds except for 
     requirements related to fair housing, nondiscrimination, 
     labor standards and the environment, upon a finding that such 
     a waiver is necessary to expedite or facilitate the use of 
     such funds: Provided further, That in the case of any 
     acquisition of a foreclosed upon dwelling or residential real 
     property acquired after the date of enactment with any 
     amounts made available under this heading or under division 
     B, title III of the Housing and Economic Recovery Act of 2008 
     (Public Law 110-289), the initial successor in interest in 
     such property pursuant to the foreclosure shall assume such 
     interest subject to: (1) the provision by such successor in 
     interest of a notice to vacate to any bona fide tenant at 
     least 90 days before the effective date of such notice; and 
     (2) the rights of any bona fide tenant, as of the date of 
     such notice of foreclosure: (A) under any bona fide lease 
     entered into before the notice of foreclosure to occupy the 
     premises until the end of the remaining term of the lease, 
     except that a successor in interest may terminate a lease 
     effective on the date of sale of the unit to a purchaser who 
     will occupy the unit as a primary residence, subject to the 
     receipt by the tenant of the 90-day notice under this 
     paragraph; or (B) without a lease or with a lease terminable 
     at will under State law, subject to the receipt by the tenant 
     of the 90-day notice under this paragraph, except that 
     nothing in this paragraph shall affect the requirements for 
     termination of any Federal- or State-subsidized tenancy or of 
     any State or local law that provides longer time periods or 
     other additional protections for tenants: Provided further, 
     That, for purposes of this paragraph, a lease or tenancy 
     shall be considered bona fide only if: (1) the mortgagor 
     under the contract is not the tenant; (2) the lease or 
     tenancy was the result of an arms-length transaction; and (3) 
     the lease or tenancy requires the receipt of rent that is not 
     substantially less than fair market rent for the property: 
     Provided further, That the recipient of any grant or loan 
     from amounts made available under this heading or, after the 
     date of enactment, under division B, title III of the Housing 
     and Economic Recovery Act of 2008 (Public Law 110-289) may 
     not refuse to lease a dwelling unit in housing assisted with 
     such loan or grant to a holder of a voucher or certificate of 
     eligibility under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f) because of the status of the 
     prospective tenant as such a holder: Provided further, That 
     in the case of any qualified foreclosed housing for which 
     funds made available under this heading or, after the date of 
     enactment, under division B, title III of the Housing and 
     Economic Recovery Act of 2008 (Public Law 110-289) are used 
     and in which a recipient of assistance under section 8(o) of 
     the U.S. Housing Act of 1937 resides at the time of 
     foreclosure, the initial successor in interest shall be 
     subject to the lease and to the housing assistance payments 
     contract for the occupied unit: Provided further, That 
     vacating the property prior to sale shall not constitute good 
     cause for termination of the tenancy unless the property is 
     unmarketable while occupied or unless the owner or subsequent 
     purchaser desires the unit for personal or family use: 
     Provided further, That if a public housing agency is unable 
     to make payments under the contract to the immediate 
     successor in interest after foreclosures, due to (1) an 
     action or inaction by the successor in interest, including 
     the rejection of payments or the failure of the successor to 
     maintain the unit in compliance with section 8(o)(8) of the 
     United States Housing Act of 1937 (42 U.S.C.1437f) or (2)

[[Page H1335]]

     an inability to identify the successor, the agency may use 
     funds that would have been used to pay the rental amount on 
     behalf of the family--(i) to pay for utilities that are the 
     responsibility of the owner under the lease or applicable 
     law, after taking reasonable steps to notify the owner that 
     it intends to make payments to a utility provider in lieu of 
     payments to the owner, except prior notification shall not be 
     required in any case in which the unit will be or has been 
     rendered uninhabitable due to the termination or threat of 
     termination of service, in which case the public housing 
     agency shall notify the owner within a reasonable time after 
     making such payment; or (ii) for the family's reasonable 
     moving costs, including security deposit costs: Provided 
     further, That this paragraph shall not preempt any Federal, 
     State or local law that provides more protections for 
     tenants: Provided further, That of the funds made available 
     under this heading, up to 1 percent shall be available for 
     staffing, training, technical assistance, technology, 
     monitoring, travel, enforcement, research and evaluation 
     activities: Provided further, That funds set aside in the 
     previous proviso shall remain available until September 30, 
     2012: Provided further, That any funds made available under 
     this heading used by the Secretary for personnel expenses 
     related to administering funding under this heading shall be 
     transferred to ``Personnel Compensation and Benefits, 
     Community Planning and Development'' and shall retain the 
     terms and conditions of this account, including reprogramming 
     provisions, except that the period of availability set forth 
     in the previous proviso shall govern such transferred funds: 
     Provided further, That any funds made available under this 
     heading used by the Secretary for training or other 
     administrative expenses shall be transferred to 
     ``Administration, Operations, and management'', for non-
     personnel expenses of the Department of Housing and Urban 
     Development: Provided further, That any funds made available 
     under this heading used by the Secretary for technology shall 
     be transferred to ``Working Capital Funds''.

                  Home Investment Partnerships Program

       For an additional amount for capital investments in low-
     income housing tax credit projects, $2,250,000,000, to remain 
     available until September 30, 2011: Provided, That such funds 
     shall be made available to State housing credit agencies, as 
     defined in section 42(h) of the Internal Revenue Code of 
     1986, and shall be apportioned among the States based on the 
     percentage of HOME funds apportioned to each State and the 
     participating jurisdictions therein for Fiscal Year 2008: 
     Provided further, That the housing credit agencies in each 
     State shall distribute these funds competitively under this 
     heading and pursuant to their qualified allocation plan (as 
     defined in section 42(m) of the Internal Revenue Code of 
     1986) to owners of projects who have received or receive 
     simultaneously an award of low-income housing tax credits 
     under section 42(h) of the Internal Revenue Code of 1986: 
     Provided further, That housing credit agencies in each State 
     shall commit not less than 75 percent of such funds within 
     one year of the date of enactment of this Act, and shall 
     demonstrate that the project owners shall have expended 75 
     percent of the funds made available under this heading within 
     two years of the date of enactment of this Act, and shall 
     have expended 100 percent of the funds within 3 years of the 
     date of enactment of this Act: Provided further, That failure 
     by an owner to expend funds within the parameters required 
     within the previous proviso shall result in a redistribution 
     of these funds by a housing credit agency to a more deserving 
     project in such State, except any funds not expended after 3 
     years from enactment shall be redistributed by the Secretary 
     to other States that have fully utilized the funds made 
     available to them: Provided further, That projects awarded 
     low income housing tax credits under section 42(h) of the IRC 
     of 1986 in fiscal years 2007, 2008, or 2009 shall be eligible 
     for funding under this heading: Provided further, That 
     housing credit agencies shall give priority to projects that 
     are expected to be completed within 3 years of enactment: 
     Provided further, That any assistance provided to an eligible 
     low income housing tax credit project under this heading 
     shall be made in the same manner and be subject to the same 
     limitations (including rent, income, and use restrictions, in 
     lieu of corresponding limitations under the HOME program) as 
     required by the state housing credit agency with respect to 
     an award of low income housing credits under section 42 of 
     the IRC of 1986: Provided further, That the housing credit 
     agency shall perform asset management functions, or shall 
     contract for the performance of such services, in either 
     case, at the owner's expense, to ensure compliance with 
     section 42 of the IRC of 1986, and the long term viability of 
     buildings funded by assistance under this heading: Provided 
     further, That the term eligible basis (as such term is 
     defined in such section 42) of a qualified low-income housing 
     tax credit building receiving assistance under this heading 
     shall not be reduced by the amount of any grant described 
     under this heading: Provided further, That the Secretary 
     shall be given access upon reasonable notice to a State 
     housing credit agency to information related to the award of 
     Federal funds from such housing credit agency pursuant to 
     this heading and shall establish an Internet site that shall 
     identify all projects selected for an award, including the 
     amount of the award and such site shall provide linkage to 
     the housing credit agency allocation plan which describes the 
     process that was used to make the award decision, Provided 
     further, That in administering funds under this heading, the 
     Secretary may waive any provision of any statute or 
     regulation that the Secretary administers in connection with 
     the obligation by the Secretary or the use by the recipient 
     of these funds except for requirements imposed by this 
     heading and requirements related to fair housing, non-
     discrimination, labor standards and the environment, upon a 
     finding that such waiver is required to expedite the use of 
     such funds: Provided further, That for purposes of 
     environmental compliance review, funds under this heading 
     that are made available to State housing credit agencies for 
     distribution to projects awarded low income housing tax 
     credits shall be treated as funds under the HOME program and 
     shall be subject to Section 288 of the HOME Investment 
     Partnership Act.

                      Homelessness Prevention Fund

       For homelessness prevention and rapid re-housing 
     activities, $1,500,000,000, to remain available until 
     September 30, 2011: Provided, That funds provided under this 
     heading shall be used for the provision of short-term or 
     medium-term rental assistance; housing relocation and 
     stabilization services including housing search, mediation or 
     outreach to property owners, credit repair, security or 
     utility deposits, utility payments, rental assistance for a 
     final month at a location, moving cost assistance, and case 
     management; or other appropriate activities for homelessness 
     prevention and rapid re-housing of persons who have become 
     homeless: Provided further, That grantees receiving such 
     assistance shall collect data on the use of the funds awarded 
     and persons served with this assistance in the HUD Homeless 
     Management Information System (``HMIS'') or other comparable 
     database: Provided further, That grantees may use up to 5 
     percent of any grant for administrative costs: Provided 
     further, That funding made available under this heading shall 
     be allocated to eligible grantees (as defined and designated 
     in sections 411 and 412 of subtitle B of title IV of the 
     McKinney-Vento Homeless Assistance Act, (the ``Act'')) 
     pursuant to the formula authorized by section 413 of the Act: 
     Provided further, That the Secretary may establish a minimum 
     grant size: Provided further, That grantees shall expend at 
     least 60 percent of funds within 2 years of the date that 
     funds became available to them for obligation, and 100 
     percent of funds within 3 years of such date, and the 
     Secretary may recapture unexpended funds in violation of the 
     2-year expenditure requirement and reallocate such funds to 
     grantees in compliance with that requirement: Provided 
     further, That the Secretary may waive statutory or regulatory 
     provisions (except provisions for fair housing, 
     nondiscrimination, labor standards, and the environment) 
     necessary to facilitate the timely expenditure of funds: 
     Provided further, That the Secretary shall publish a notice 
     to establish such requirements as may be necessary to carry 
     out the provisions of this section within 30 days of 
     enactment of this Act and that this notice shall take effect 
     upon issuance: Provided further, That of the funds provided 
     under this heading, up to .5 percent shall be available for 
     staffing, training, technical assistance, technology, 
     monitoring, research and evaluation activities: Provided 
     further, That funds set aside under the previous proviso 
     shall remain available until September 30, 2012: Provided 
     further, That any funds made available under this heading 
     used by the Secretary for personnel expenses related to 
     administering funding under this heading shall be transferred 
     to ``Community Planning and Development Personnel 
     Compensation and Benefits'' and shall retain the terms and 
     conditions of this account including reprogramming provisions 
     except that the period of availability set forth in the 
     previous proviso shall govern such transferred funds: 
     Provided further, That any funds made available under this 
     heading used by the Secretary for training or other 
     administrative expenses shall be transferred to 
     ``Administration, Operations, and Management'' for non-
     personnel expenses of the Department of Housing and Urban 
     Development: Provided further, That any funding made 
     available under this heading used by the Secretary for 
     technology shall be transferred to ``Working Capital Fund.''

                            Housing Programs

  assisted housing stability and energy and green retrofit investments

       For assistance to owners of properties receiving project-
     based assistance pursuant to section 202 of the Housing Act 
     of 1959 (12 U.S.C. 17012), section 811 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or 
     section 8 of the United States Housing Act of 1937 as amended 
     (42 U.S.C. 1437f), $2,250,000,000, of which $2,000,000,000 
     shall be for an additional amount for paragraph (1) under the 
     heading ``Project-Based Rental Assistance'' in Public Law 
     110-161 for payments to owners for 12-month periods, and of 
     which $250,000,000 shall be for grants or loans for energy 
     retrofit and green investments in such assisted housing: 
     Provided, That projects funded with grants or loans provided 
     under this heading must comply with the requirements of 
     subchapter IV of chapter 31 of title 40, United States Code: 
     Provided further, That such grants or loans shall be provided 
     through the policies, procedures, contracts, and 
     transactional infrastructure of the authorized programs 
     administered by the Office of Affordable Housing Preservation 
     of the Department of Housing and Urban Development, on such 
     terms and conditions as the Secretary of Housing and Urban 
     Development deems appropriate to ensure the maintenance and 
     preservation of the property, the continued operation and 
     maintenance of energy efficiency technologies, and the timely 
     expenditure of funds: Provided further, That the Secretary 
     may provide incentives to owners to undertake energy or green 
     retrofits as a part of such grant or loan terms, including, 
     but not limited to, fees to cover investment oversight and 
     implementation by said owner, or to encourage job creation 
     for low-income or very low-income individuals: Provided 
     further, That the Secretary may share in a portion of future 
     property

[[Page H1336]]

     utility savings resulting from improvements made by grants or 
     loans made available under this heading: Provided further, 
     That the grants or loans shall include a financial assessment 
     and physical inspection of such property: Provided further, 
     That eligible owners must have at least a satisfactory 
     management review rating, be in substantial compliance with 
     applicable performance standards and legal requirements, and 
     commit to an additional period of affordability determined by 
     the Secretary, but of not fewer than 15 years: Provided 
     further, That the Secretary shall undertake appropriate 
     underwriting and oversight with respect to grant and loan 
     transactions and may set aside up to 5 percent of the funds 
     made available under this heading for grants or loans for 
     such purpose: Provided further, That the Secretary shall take 
     steps necessary to ensure that owners receiving funding for 
     energy and green retrofit investments under this heading 
     shall expend such funding within 2 years of the date they 
     received the funding: Provided further, That in administering 
     funds appropriated or otherwise made available under this 
     heading, the Secretary may waive or specify alternative 
     requirements for any provision of any statute or regulation 
     in connection with the obligation by the Secretary or the use 
     of these funds (except for requirements related to fair 
     housing, nondiscrimination, labor standards, and the 
     environment), upon a finding that such a waiver is necessary 
     to expedite or facilitate the use of such funds: Provided 
     further, That of the funds provided under this heading for 
     grants and loans, up to 1 percent shall be available for 
     staffing, training, technical assistance, technology, 
     monitoring, research and evaluation activities: Provided 
     further, That funds set aside in the previous proviso shall 
     remain available until September 30, 2012: Provided further, 
     That funding made available under this heading and used by 
     the Secretary for personnel expenses related to administering 
     funding under this heading shall be transferred to ``Housing 
     Personnel Compensation and Benefits'' and shall retain the 
     terms and conditions of this account including reprogramming 
     provisos except that the period of availability set forth in 
     the previous proviso shall govern such transferred funds: 
     Provided further, That any funding made available under this 
     heading used by the Secretary for training and other 
     administrative expenses shall be transferred to 
     ``Administration, Operations and Management'' for non-
     personnel expenses of the Department of Housing and Urban 
     Development: Provided further, That any funding made 
     available under this heading used by the Secretary for 
     technology shall be transferred to ``Working Capital Fund.''

            Office of Lead Hazard Control and Healthy Homes

       For an additional amount for the ``Lead Hazard Reduction 
     Program'', as authorized by section 1011 of the Residential 
     Lead-Based Paint Hazard Reduction Act of 1992, and by 
     sections 501 and 502 of the Housing and Urban Development Act 
     of 1974, $100,000,000, to remain available until September 
     30, 2011: Provided, That for purposes of environmental 
     review, pursuant to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) and other provisions of law 
     that further the purposes of such Act, a grant under the 
     Healthy Homes Initiative, Operation Lead Elimination Action 
     Plan (LEAP), or the Lead Technical Studies program under this 
     heading or under prior appropriations Acts for such purposes 
     under this heading, shall be considered to be funds for a 
     special project for purposes of section 305(e) of the 
     Multifamily Housing Property Disposition Reform Act of 1994: 
     Provided further, That funds shall be awarded first to 
     applicants which had applied under the Lead Hazard Reduction 
     Program Notices of Funding Availability for fiscal year 2008, 
     and were found in the application review to be qualified for 
     award, but were not awarded because of funding limitations, 
     and that any funds which remain after reservation of funds 
     for such grants shall be added to the amount of funds to be 
     awarded under the Lead Hazard Reduction Program Notices of 
     Funding Availability for fiscal year 2009: Provided further, 
     That each applicant for the Lead Hazard Program Notices of 
     Funding Availability for fiscal year 2009 shall submit a 
     detailed plan and strategy that demonstrates adequate 
     capacity that is acceptable to the Secretary to carry out the 
     proposed use of funds: Provided further, That recipients of 
     funds under this heading shall expend at least 50 percent of 
     such funds within 2 years of the date on which funds become 
     available to such jurisdictions for obligation, and expend 
     100 percent of such funds within 3 years of such date: 
     Provided further, That if a recipient fails to comply with 
     the 2-year expenditure requirement, the Secretary shall 
     recapture all remaining funds awarded to the recipient and 
     reallocate such funds to recipients that are in compliance 
     with those requirements: Provided further, That if a 
     recipient fails to comply with the 3-year expenditure 
     requirement, the Secretary shall recapture the balance of the 
     funds awarded to the recipient: Provided further, That in 
     administering funds appropriated or otherwise made available 
     under this heading, the Secretary may waive or specify 
     alternative requirements for any provision of any statute or 
     regulation in connection with the obligation by the Secretary 
     or the use of these funds (except for requirements related to 
     fair housing, nondiscrimination, labor standards and the 
     environment), upon a finding that such a waiver is necessary 
     to expedite or facilitate the use of such funds: Provided 
     further, That of the funds made available under this heading, 
     up to .5 percent shall be available for staffing, training, 
     technical assistance, technology, monitoring, travel, 
     enforcement, research and evaluation activities: Provided 
     further, That funds set aside in the previous proviso shall 
     remain available until September 30, 2012: Provided further, 
     That any funds made available under this heading used by the 
     Secretary for personnel expenses related to administering 
     funding under this heading shall be transferred to 
     ``Personnel Compensation and Benefits, Office of Lead Hazard 
     Control and Healthy Homes'' and shall retain the terms and 
     conditions of this account, including reprogramming 
     provisions, except that the period of availability set forth 
     in the previous proviso shall govern such transferred funds: 
     Provided further, That any funds made available under this 
     heading used by the Secretary for training or other 
     administrative expenses shall be transferred to 
     ``Administration, Operations, and Management'', for non-
     personnel expenses of the Department of Housing and Urban 
     Development: Provided further, That any funds made available 
     under this heading used by the Secretary for technology shall 
     be transferred to ``Working Capital Fund''.

                     Management and Administration

                      office of inspector general

       For an additional amount for the necessary salaries and 
     expenses of the Office of Inspector General in carrying out 
     the Inspector General Act of 1978, as amended, $15,000,000, 
     to remain available until September 30, 2013: Provided, That 
     the Inspector General shall have independent authority over 
     all personnel issues within this office.

    GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Sec. 1202. FHA Loan Limits for 2009. (a) Loan Limit Floor 
     Based on 2008 Levels.--For mortgages for which the mortgagee 
     issues credit approval for the borrower during calendar year 
     2009, if the dollar amount limitation on the principal 
     obligation of a mortgage determined under section 203(b)(2) 
     of the National Housing Act (12 U.S.C. 1709(b)(2)) for any 
     size residence for any area is less than such dollar amount 
     limitation that was in effect for such size residence for 
     such area for 2008 pursuant to section 202 of the Economic 
     Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 620), 
     notwithstanding any other provision of law, the maximum 
     dollar amount limitation on the principal obligation of a 
     mortgage for such size residence for such area for purposes 
     of such section 203(b)(2) shall be considered (except for 
     purposes of section 255(g) of such Act (12 U.S.C. 1715z-
     20(g))) to be such dollar amount limitation in effect for 
     such size residence for such area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law, if the Secretary of Housing and 
     Urban Development determines, for any geographic area that is 
     smaller than an area for which dollar amount limitations on 
     the principal obligation of a mortgage are determined under 
     section 203(b)(2) of the National Housing Act, that a higher 
     such maximum dollar amount limitation is warranted for any 
     particular size or sizes of residences in such sub-area by 
     higher median home prices in such sub-area, the Secretary 
     may, for mortgages for which the mortgagee issues credit 
     approval for the borrower during calendar year 2009, increase 
     the maximum dollar amount limitation for such size or sizes 
     of residences for such sub-area that is otherwise in effect 
     (including pursuant to subsection (a) of this section), but 
     in no case to an amount that exceeds the amount specified in 
     section 202(a)(2) of the Economic Stimulus Act of 2008.
       Sec. 1203. GSE Conforming Loan Limits for 2009. (a) Loan 
     Limit Floor Based on 2008 Levels.--For mortgages originated 
     during calendar year 2009, if the limitation on the maximum 
     original principal obligation of a mortgage that may be 
     purchased by the Federal National Mortgage Association or the 
     Federal Home Loan Mortgage Corporation determined under 
     section 302(b)(2) of the Federal National Mortgage 
     Association Charter Act (12 U.S.C. 1717(b)(2)) or section 
     305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
     (12 U.S.C. 1754(a)(2)), respectively, for any size residence 
     for any area is less than such maximum original principal 
     obligation limitation that was in effect for such size 
     residence for such area for 2008 pursuant to section 201 of 
     the Economic Stimulus Act of 2008 (Public Law 110-185; 122 
     Stat. 619), notwithstanding any other provision of law, the 
     limitation on the maximum original principal obligation of a 
     mortgage for such Association and Corporation for such size 
     residence for such area shall be such maximum limitation in 
     effect for such size residence for such area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law, if the Director of the Federal 
     Housing Finance Agency determines, for any geographic area 
     that is smaller than an area for which limitations on the 
     maximum original principal obligation of a mortgage are 
     determined for the Federal National Mortgage Association or 
     the Federal Home Loan Mortgage Corporation, that a higher 
     such maximum original principal obligation limitation is 
     warranted for any particular size or sizes of residences in 
     such sub-area by higher median home prices in such sub-area, 
     the Director may, for mortgages originated during 2009, 
     increase the maximum original principal obligation limitation 
     for such size or sizes of residences for such sub-area that 
     is otherwise in effect (including pursuant to subsection (a) 
     of this section) for such Association and Corporation, but in 
     no case to an amount that exceeds the amount specified in the 
     matter following the comma in section 201(a)(1)(B) of the 
     Economic Stimulus Act of 2008.
       Sec. 1204. FHA Reverse Mortgage Loan Limits for 2009. For 
     mortgages for which the mortgagee issues credit approval for 
     the borrower during calendar year 2009, the second sentence 
     of section 255(g) of the National Housing Act (12 U.S.C. 
     1715z-20(g)) shall be considered to require that in no case 
     may the benefits of insurance under such section 255 exceed 
     150

[[Page H1337]]

     percent of the maximum dollar amount in effect under the 
     sixth sentence of section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).

               TITLE XIII--HEALTH INFORMATION TECHNOLOGY

     SEC. 13001. SHORT TITLE; TABLE OF CONTENTS OF TITLE.

       (a) Short Title.--This title (and title IV of division B) 
     may be cited as the ``Health Information Technology for 
     Economic and Clinical Health Act'' or the ``HITECH Act''.
       (b) Table of Contents of Title.--The table of contents of 
     this title is as follows:

Sec. 13001. Short title; table of contents of title.

         Subtitle A--Promotion of Health Information Technology

     Part 1--Improving Health Care Quality, Safety, and Efficiency

Sec. 13101. ONCHIT; standards development and adoption.

         ``TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY

``Sec. 3000. Definitions.

        ``Subtitle A--Promotion of Health Information Technology

``Sec. 3001. Office of the National Coordinator for Health Information 
              Technology.
``Sec. 3002. HIT Policy Committee.
``Sec. 3003. HIT Standards Committee.
``Sec. 3004. Process for adoption of endorsed recommendations; adoption 
              of initial set of standards, implementation 
              specifications, and certification criteria.
``Sec. 3005. Application and use of adopted standards and 
              implementation specifications by Federal agencies.
``Sec. 3006. Voluntary application and use of adopted standards and 
              implementation specifications by private entities.
``Sec. 3007. Federal health information technology.
``Sec. 3008. Transitions.
``Sec. 3009. Miscellaneous provisions.
Sec. 13102. Technical amendment.

 Part 2--Application and Use of Adopted Health Information Technology 
                           Standards; Reports

Sec. 13111. Coordination of Federal activities with adopted standards 
              and implementation specifications.
Sec. 13112. Application to private entities.
Sec. 13113. Study and reports.

          Subtitle B--Testing of Health Information Technology

Sec. 13201. National Institute for Standards and Technology testing.
Sec. 13202. Research and development programs.

                  Subtitle C--Grants and Loans Funding

Sec. 13301. Grant, loan, and demonstration programs.

 ``Subtitle B--Incentives for the Use of Health Information Technology

``Sec. 3011. Immediate funding to strengthen the health information 
              technology infrastructure.
``Sec. 3012. Health information technology implementation assistance.
``Sec. 3013. State grants to promote health information technology.
``Sec. 3014. Competitive grants to States and Indian tribes for the 
              development of loan programs to facilitate the widespread 
              adoption of certified EHR technology.
``Sec. 3015. Demonstration program to integrate information technology 
              into clinical education.
``Sec. 3016. Information technology professionals in health care.
``Sec. 3017. General grant and loan provisions.
``Sec. 3018. Authorization for appropriations.

                          Subtitle D--Privacy

Sec. 13400. Definitions.

      Part 1--Improved Privacy Provisions and Security Provisions

Sec. 13401. Application of security provisions and penalties to 
              business associates of covered entities; annual guidance 
              on security provisions.
Sec. 13402. Notification in the case of breach.
Sec. 13403. Education on health information privacy.
Sec. 13404. Application of privacy provisions and penalties to business 
              associates of covered entities.
Sec. 13405. Restrictions on certain disclosures and sales of health 
              information; accounting of certain protected health 
              information disclosures; access to certain information in 
              electronic format.
Sec. 13406. Conditions on certain contacts as part of health care 
              operations.
Sec. 13407. Temporary breach notification requirement for vendors of 
              personal health records and other non-HIPAA covered 
              entities.
Sec. 13408. Business associate contracts required for certain entities.
Sec. 13409. Clarification of application of wrongful disclosures 
              criminal penalties.
Sec. 13410. Improved enforcement.
Sec. 13411. Audits.

 Part 2--Relationship to Other Laws; Regulatory References; Effective 
                             Date; Reports

Sec. 13421. Relationship to other laws.
Sec. 13422. Regulatory references.
Sec. 13423. Effective date.
Sec. 13424. Studies, reports, guidance.

         Subtitle A--Promotion of Health Information Technology

     PART 1--IMPROVING HEALTH CARE QUALITY, SAFETY, AND EFFICIENCY

     SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND ADOPTION.

       The Public Health Service Act (42 U.S.C. 201 et seq.) is 
     amended by adding at the end the following:

         ``TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY

     ``SEC. 3000. DEFINITIONS.

       ``In this title:
       ``(1) Certified ehr technology.--The term `certified EHR 
     technology' means a qualified electronic health record that 
     is certified pursuant to section 3001(c)(5) as meeting 
     standards adopted under section 3004 that are applicable to 
     the type of record involved (as determined by the Secretary, 
     such as an ambulatory electronic health record for office-
     based physicians or an inpatient hospital electronic health 
     record for hospitals).
       ``(2) Enterprise integration.--The term `enterprise 
     integration' means the electronic linkage of health care 
     providers, health plans, the government, and other interested 
     parties, to enable the electronic exchange and use of health 
     information among all the components in the health care 
     infrastructure in accordance with applicable law, and such 
     term includes related application protocols and other related 
     standards.
       ``(3) Health care provider.--The term `health care 
     provider' includes a hospital, skilled nursing facility, 
     nursing facility, home health entity or other long term care 
     facility, health care clinic, community mental health center 
     (as defined in section 1913(b)(1)), renal dialysis facility, 
     blood center, ambulatory surgical center described in section 
     1833(i) of the Social Security Act, emergency medical 
     services provider, Federally qualified health center, group 
     practice, a pharmacist, a pharmacy, a laboratory, a physician 
     (as defined in section 1861(r) of the Social Security Act), a 
     practitioner (as described in section 1842(b)(18)(C) of the 
     Social Security Act), a provider operated by, or under 
     contract with, the Indian Health Service or by an Indian 
     tribe (as defined in the Indian Self-Determination and 
     Education Assistance Act), tribal organization, or urban 
     Indian organization (as defined in section 4 of the Indian 
     Health Care Improvement Act), a rural health clinic, a 
     covered entity under section 340B, an ambulatory surgical 
     center described in section 1833(i) of the Social Security 
     Act, a therapist (as defined in section 1848(k)(3)(B)(iii) of 
     the Social Security Act), and any other category of health 
     care facility, entity, practitioner, or clinician determined 
     appropriate by the Secretary.
       ``(4) Health information.--The term `health information' 
     has the meaning given such term in section 1171(4) of the 
     Social Security Act.
       ``(5) Health information technology.--The term `health 
     information technology' means hardware, software, integrated 
     technologies or related licenses, intellectual property, 
     upgrades, or packaged solutions sold as services that are 
     designed for or support the use by health care entities or 
     patients for the electronic creation, maintenance, access, or 
     exchange of health information
       ``(6) Health plan.--The term `health plan' has the meaning 
     given such term in section 1171(5) of the Social Security 
     Act.
       ``(7) HIT policy committee.--The term `HIT Policy 
     Committee' means such Committee established under section 
     3002(a).
       ``(8) HIT standards committee.--The term `HIT Standards 
     Committee' means such Committee established under section 
     3003(a).
       ``(9) Individually identifiable health information.--The 
     term `individually identifiable health information' has the 
     meaning given such term in section 1171(6) of the Social 
     Security Act.
       ``(10) Laboratory.--The term `laboratory' has the meaning 
     given such term in section 353(a).
       ``(11) National coordinator.--The term `National 
     Coordinator' means the head of the Office of the National 
     Coordinator for Health Information Technology established 
     under section 3001(a).
       ``(12) Pharmacist.--The term `pharmacist' has the meaning 
     given such term in section 804(2) of the Federal Food, Drug, 
     and Cosmetic Act.
       ``(13) Qualified electronic health record.--The term 
     `qualified electronic health record' means an electronic 
     record of health-related information on an individual that--
       ``(A) includes patient demographic and clinical health 
     information, such as medical history and problem lists; and
       ``(B) has the capacity--
       ``(i) to provide clinical decision support;
       ``(ii) to support physician order entry;
       ``(iii) to capture and query information relevant to health 
     care quality; and
       ``(iv) to exchange electronic health information with, and 
     integrate such information from other sources.
       ``(14) State.--The term `State' means each of the several 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.

        ``Subtitle A--Promotion of Health Information Technology

     ``SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
                   INFORMATION TECHNOLOGY.

       ``(a) Establishment.--There is established within the 
     Department of Health and Human Services an Office of the 
     National Coordinator

[[Page H1338]]

     for Health Information Technology (referred to in this 
     section as the `Office'). The Office shall be headed by a 
     National Coordinator who shall be appointed by the Secretary 
     and shall report directly to the Secretary.
       ``(b) Purpose.--The National Coordinator shall perform the 
     duties under subsection (c) in a manner consistent with the 
     development of a nationwide health information technology 
     infrastructure that allows for the electronic use and 
     exchange of information and that--
       ``(1) ensures that each patient's health information is 
     secure and protected, in accordance with applicable law;
       ``(2) improves health care quality, reduces medical errors, 
     reduces health disparities, and advances the delivery of 
     patient-centered medical care;
       ``(3) reduces health care costs resulting from 
     inefficiency, medical errors, inappropriate care, duplicative 
     care, and incomplete information;
       ``(4) provides appropriate information to help guide 
     medical decisions at the time and place of care;
       ``(5) ensures the inclusion of meaningful public input in 
     such development of such infrastructure;
       ``(6) improves the coordination of care and information 
     among hospitals, laboratories, physician offices, and other 
     entities through an effective infrastructure for the secure 
     and authorized exchange of health care information;
       ``(7) improves public health activities and facilitates the 
     early identification and rapid response to public health 
     threats and emergencies, including bioterror events and 
     infectious disease outbreaks;
       ``(8) facilitates health and clinical research and health 
     care quality;
       ``(9) promotes early detection, prevention, and management 
     of chronic diseases;
       ``(10) promotes a more effective marketplace, greater 
     competition, greater systems analysis, increased consumer 
     choice, and improved outcomes in health care services; and
       ``(11) improves efforts to reduce health disparities.
       ``(c) Duties of the National Coordinator.--
       ``(1) Standards.--The National Coordinator shall--
       ``(A) review and determine whether to endorse each 
     standard, implementation specification, and certification 
     criterion for the electronic exchange and use of health 
     information that is recommended by the HIT Standards 
     Committee under section 3003 for purposes of adoption under 
     section 3004;
       ``(B) make such determinations under subparagraph (A), and 
     report to the Secretary such determinations, not later than 
     45 days after the date the recommendation is received by the 
     Coordinator; and
       ``(C) review Federal health information technology 
     investments to ensure that Federal health information 
     technology programs are meeting the objectives of the 
     strategic plan published under paragraph (3).
       ``(2) HIT policy coordination.--
       ``(A) In general.--The National Coordinator shall 
     coordinate health information technology policy and programs 
     of the Department with those of other relevant executive 
     branch agencies with a goal of avoiding duplication of 
     efforts and of helping to ensure that each agency undertakes 
     health information technology activities primarily within the 
     areas of its greatest expertise and technical capability and 
     in a manner towards a coordinated national goal.
       ``(B) HIT policy and standards committees.--The National 
     Coordinator shall be a leading member in the establishment 
     and operations of the HIT Policy Committee and the HIT 
     Standards Committee and shall serve as a liaison among those 
     two Committees and the Federal Government.
       ``(3) Strategic plan.--
       ``(A) In general.--The National Coordinator shall, in 
     consultation with other appropriate Federal agencies 
     (including the National Institute of Standards and 
     Technology), update the Federal Health IT Strategic Plan 
     (developed as of June 3, 2008) to include specific 
     objectives, milestones, and metrics with respect to the 
     following:
       ``(i) The electronic exchange and use of health information 
     and the enterprise integration of such information.
       ``(ii) The utilization of an electronic health record for 
     each person in the United States by 2014.
       ``(iii) The incorporation of privacy and security 
     protections for the electronic exchange of an individual's 
     individually identifiable health information.
       ``(iv) Ensuring security methods to ensure appropriate 
     authorization and electronic authentication of health 
     information and specifying technologies or methodologies for 
     rendering health information unusable, unreadable, or 
     indecipherable.
       ``(v) Specifying a framework for coordination and flow of 
     recommendations and policies under this subtitle among the 
     Secretary, the National Coordinator, the HIT Policy 
     Committee, the HIT Standards Committee, and other health 
     information exchanges and other relevant entities.
       ``(vi) Methods to foster the public understanding of health 
     information technology.
       ``(vii) Strategies to enhance the use of health information 
     technology in improving the quality of health care, reducing 
     medical errors, reducing health disparities, improving public 
     health, increasing prevention and coordination with community 
     resources, and improving the continuity of care among health 
     care settings.
       ``(viii) Specific plans for ensuring that populations with 
     unique needs, such as children, are appropriately addressed 
     in the technology design, as appropriate, which may include 
     technology that automates enrollment and retention for 
     eligible individuals.
       ``(B) Collaboration.--The strategic plan shall be updated 
     through collaboration of public and private entities.
       ``(C) Measurable outcome goals.--The strategic plan update 
     shall include measurable outcome goals.
       ``(D) Publication.--The National Coordinator shall 
     republish the strategic plan, including all updates.
       ``(4) Website.--The National Coordinator shall maintain and 
     frequently update an Internet website on which there is 
     posted information on the work, schedules, reports, 
     recommendations, and other information to ensure transparency 
     in promotion of a nationwide health information technology 
     infrastructure.
       ``(5) Certification.--
       ``(A) In general.--The National Coordinator, in 
     consultation with the Director of the National Institute of 
     Standards and Technology, shall keep or recognize a program 
     or programs for the voluntary certification of health 
     information technology as being in compliance with applicable 
     certification criteria adopted under this subtitle. Such 
     program shall include, as appropriate, testing of the 
     technology in accordance with section 13201(b) of the Health 
     Information Technology for Economic and Clinical Health Act.
       ``(B) Certification criteria described.--In this title, the 
     term `certification criteria' means, with respect to 
     standards and implementation specifications for health 
     information technology, criteria to establish that the 
     technology meets such standards and implementation 
     specifications.
       ``(6) Reports and publications.--
       ``(A) Report on additional funding or authority needed.--
     Not later than 12 months after the date of the enactment of 
     this title, the National Coordinator shall submit to the 
     appropriate committees of jurisdiction of the House of 
     Representatives and the Senate a report on any additional 
     funding or authority the Coordinator or the HIT Policy 
     Committee or HIT Standards Committee requires to evaluate and 
     develop standards, implementation specifications, and 
     certification criteria, or to achieve full participation of 
     stakeholders in the adoption of a nationwide health 
     information technology infrastructure that allows for the 
     electronic use and exchange of health information.
       ``(B) Implementation report.--The National Coordinator 
     shall prepare a report that identifies lessons learned from 
     major public and private health care systems in their 
     implementation of health information technology, including 
     information on whether the technologies and practices 
     developed by such systems may be applicable to and usable in 
     whole or in part by other health care providers.
       ``(C) Assessment of impact of hit on communities with 
     health disparities and uninsured, underinsured, and medically 
     underserved areas.--The National Coordinator shall assess and 
     publish the impact of health information technology in 
     communities with health disparities and in areas with a high 
     proportion of individuals who are uninsured, underinsured, 
     and medically underserved individuals (including urban and 
     rural areas) and identify practices to increase the adoption 
     of such technology by health care providers in such 
     communities, and the use of health information technology to 
     reduce and better manage chronic diseases.
       ``(D) Evaluation of benefits and costs of the electronic 
     use and exchange of health information.--The National 
     Coordinator shall evaluate and publish evidence on the 
     benefits and costs of the electronic use and exchange of 
     health information and assess to whom these benefits and 
     costs accrue.
       ``(E) Resource requirements.--The National Coordinator 
     shall estimate and publish resources required annually to 
     reach the goal of utilization of an electronic health record 
     for each person in the United States by 2014, including--
       ``(i) the required level of Federal funding;
       ``(ii) expectations for regional, State, and private 
     investment;
       ``(iii) the expected contributions by volunteers to 
     activities for the utilization of such records; and
       ``(iv) the resources needed to establish a health 
     information technology workforce sufficient to support this 
     effort (including education programs in medical informatics 
     and health information management).
       ``(7) Assistance.--The National Coordinator may provide 
     financial assistance to consumer advocacy groups and not-for-
     profit entities that work in the public interest for purposes 
     of defraying the cost to such groups and entities to 
     participate under, whether in whole or in part, the National 
     Technology Transfer Act of 1995 (15 U.S.C. 272 note).
       ``(8) Governance for nationwide health information 
     network.--The National Coordinator shall establish a 
     governance mechanism for the nationwide health information 
     network.
       ``(d) Detail of Federal Employees.--
       ``(1) In general.--Upon the request of the National 
     Coordinator, the head of any Federal agency is authorized to 
     detail, with or without reimbursement from the Office, any of 
     the personnel of such agency to the Office to assist it in 
     carrying out its duties under this section.
       ``(2) Effect of detail.--Any detail of personnel under 
     paragraph (1) shall--
       ``(A) not interrupt or otherwise affect the civil service 
     status or privileges of the Federal employee; and
       ``(B) be in addition to any other staff of the Department 
     employed by the National Coordinator.
       ``(3) Acceptance of detailees.--Notwithstanding any other 
     provision of law, the Office may accept detailed personnel 
     from other Federal agencies without regard to whether the 
     agency described under paragraph (1) is reimbursed.
       ``(e) Chief Privacy Officer of the Office of the National 
     Coordinator.--Not later

[[Page H1339]]

     than 12 months after the date of the enactment of this title, 
     the Secretary shall appoint a Chief Privacy Officer of the 
     Office of the National Coordinator, whose duty it shall be to 
     advise the National Coordinator on privacy, security, and 
     data stewardship of electronic health information and to 
     coordinate with other Federal agencies (and similar privacy 
     officers in such agencies), with State and regional efforts, 
     and with foreign countries with regard to the privacy, 
     security, and data stewardship of electronic individually 
     identifiable health information.

     ``SEC. 3002. HIT POLICY COMMITTEE.

       ``(a) Establishment.--There is established a HIT Policy 
     Committee to make policy recommendations to the National 
     Coordinator relating to the implementation of a nationwide 
     health information technology infrastructure, including 
     implementation of the strategic plan described in section 
     3001(c)(3).
       ``(b) Duties.--
       ``(1) Recommendations on health information technology 
     infrastructure.--The HIT Policy Committee shall recommend a 
     policy framework for the development and adoption of a 
     nationwide health information technology infrastructure that 
     permits the electronic exchange and use of health information 
     as is consistent with the strategic plan under section 
     3001(c)(3) and that includes the recommendations under 
     paragraph (2). The Committee shall update such 
     recommendations and make new recommendations as appropriate.
       ``(2) Specific areas of standard development.--
       ``(A) In general.--The HIT Policy Committee shall recommend 
     the areas in which standards, implementation specifications, 
     and certification criteria are needed for the electronic 
     exchange and use of health information for purposes of 
     adoption under section 3004 and shall recommend an order of 
     priority for the development, harmonization, and recognition 
     of such standards, specifications, and certification criteria 
     among the areas so recommended. Such standards and 
     implementation specifications shall include named standards, 
     architectures, and software schemes for the authentication 
     and security of individually identifiable health information 
     and other information as needed to ensure the reproducible 
     development of common solutions across disparate entities.
       ``(B) Areas required for consideration.--For purposes of 
     subparagraph (A), the HIT Policy Committee shall make 
     recommendations for at least the following areas:
       ``(i) Technologies that protect the privacy of health 
     information and promote security in a qualified electronic 
     health record, including for the segmentation and protection 
     from disclosure of specific and sensitive individually 
     identifiable health information with the goal of minimizing 
     the reluctance of patients to seek care (or disclose 
     information about a condition) because of privacy concerns, 
     in accordance with applicable law, and for the use and 
     disclosure of limited data sets of such information.
       ``(ii) A nationwide health information technology 
     infrastructure that allows for the electronic use and 
     accurate exchange of health information.
       ``(iii) The utilization of a certified electronic health 
     record for each person in the United States by 2014.
       ``(iv) Technologies that as a part of a qualified 
     electronic health record allow for an accounting of 
     disclosures made by a covered entity (as defined for purposes 
     of regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996) for 
     purposes of treatment, payment, and health care operations 
     (as such terms are defined for purposes of such regulations).
       ``(v) The use of certified electronic health records to 
     improve the quality of health care, such as by promoting the 
     coordination of health care and improving continuity of 
     health care among health care providers, by reducing medical 
     errors, by improving population health, by reducing health 
     disparities, by reducing chronic disease, and by advancing 
     research and education.
       ``(vi) Technologies that allow individually identifiable 
     health information to be rendered unusable, unreadable, or 
     indecipherable to unauthorized individuals when such 
     information is transmitted in the nationwide health 
     information network or physically transported outside of the 
     secured, physical perimeter of a health care provider, health 
     plan, or health care clearinghouse.
       ``(vii) The use of electronic systems to ensure the 
     comprehensive collection of patient demographic data, 
     including, at a minimum, race, ethnicity, primary language, 
     and gender information.
       ``(viii) Technologies that address the needs of children 
     and other vulnerable populations.
       ``(C) Other areas for consideration.--In making 
     recommendations under subparagraph (A), the HIT Policy 
     Committee may consider the following additional areas:
       ``(i) The appropriate uses of a nationwide health 
     information infrastructure, including for purposes of--

       ``(I) the collection of quality data and public reporting;
       ``(II) biosurveillance and public health;
       ``(III) medical and clinical research; and
       ``(IV) drug safety.

       ``(ii) Self-service technologies that facilitate the use 
     and exchange of patient information and reduce wait times.
       ``(iii) Telemedicine technologies, in order to reduce 
     travel requirements for patients in remote areas.
       ``(iv) Technologies that facilitate home health care and 
     the monitoring of patients recuperating at home.
       ``(v) Technologies that help reduce medical errors.
       ``(vi) Technologies that facilitate the continuity of care 
     among health settings.
       ``(vii) Technologies that meet the needs of diverse 
     populations.
       ``(viii) Methods to facilitate secure access by an 
     individual to such individual's protected health information.
       ``(ix) Methods, guidelines, and safeguards to facilitate 
     secure access to patient information by a family member, 
     caregiver, or guardian acting on behalf of a patient due to 
     age-related and other disability, cognitive impairment, or 
     dementia.
       ``(x) Any other technology that the HIT Policy Committee 
     finds to be among the technologies with the greatest 
     potential to improve the quality and efficiency of health 
     care.
       ``(3) Forum.--The HIT Policy Committee shall serve as a 
     forum for broad stakeholder input with specific expertise in 
     policies relating to the matters described in paragraphs (1) 
     and (2).
       ``(4) Consistency with evaluation conducted under mippa.--
       ``(A) Requirement for consistency.--The HIT Policy 
     Committee shall ensure that recommendations made under 
     paragraph (2)(B)(vi) are consistent with the evaluation 
     conducted under section 1809(a) of the Social Security Act.
       ``(B) Scope.--Nothing in subparagraph (A) shall be 
     construed to limit the recommendations under paragraph 
     (2)(B)(vi) to the elements described in section 1809(a)(3) of 
     the Social Security Act.
       ``(C) Timing.--The requirement under subparagraph (A) shall 
     be applicable to the extent that evaluations have been 
     conducted under section 1809(a) of the Social Security Act, 
     regardless of whether the report described in subsection (b) 
     of such section has been submitted.
       ``(c) Membership and Operations.--
       ``(1) In general.--The National Coordinator shall take a 
     leading position in the establishment and operations of the 
     HIT Policy Committee.
       ``(2) Membership.--The HIT Policy Committee shall be 
     composed of members to be appointed as follows:
       ``(A) 3 members shall be appointed by the Secretary, 1 of 
     whom shall be appointed to represent the Department of Health 
     and Human Services and 1 of whom shall be a public health 
     official.
       ``(B) 1 member shall be appointed by the majority leader of 
     the Senate.
       ``(C) 1 member shall be appointed by the minority leader of 
     the Senate.
       ``(D) 1 member shall be appointed by the Speaker of the 
     House of Representatives.
       ``(E) 1 member shall be appointed by the minority leader of 
     the House of Representatives.
       ``(F) Such other members as shall be appointed by the 
     President as representatives of other relevant Federal 
     agencies.
       ``(G) 13 members shall be appointed by the Comptroller 
     General of the United States of whom--
       ``(i) 3 members shall advocates for patients or consumers;
       ``(ii) 2 members shall represent health care providers, one 
     of which shall be a physician;
       ``(iii) 1 member shall be from a labor organization 
     representing health care workers;
       ``(iv) 1 member shall have expertise in health information 
     privacy and security;
       ``(v) 1 member shall have expertise in improving the health 
     of vulnerable populations;
       ``(vi) 1 member shall be from the research community;
       ``(vii) 1 member shall represent health plans or other 
     third-party payers;
       ``(viii) 1 member shall represent information technology 
     vendors;
       ``(ix) 1 member shall represent purchasers or employers; 
     and
       ``(x) 1 member shall have expertise in health care quality 
     measurement and reporting.
       ``(3) Participation.--The members of the HIT Policy 
     Committee appointed under paragraph (2) shall represent a 
     balance among various sectors of the health care system so 
     that no single sector unduly influences the recommendations 
     of the Policy Committee.
       ``(4) Terms.--
       ``(A) In general.--The terms of the members of the HIT 
     Policy Committee shall be for 3 years, except that the 
     Comptroller General shall designate staggered terms for the 
     members first appointed.
       ``(B) Vacancies.--Any member appointed to fill a vacancy in 
     the membership of the HIT Policy Committee that occurs prior 
     to the expiration of the term for which the member's 
     predecessor was appointed shall be appointed only for the 
     remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has been 
     appointed. A vacancy in the HIT Policy Committee shall be 
     filled in the manner in which the original appointment was 
     made.
       ``(5) Outside involvement.--The HIT Policy Committee shall 
     ensure an opportunity for the participation in activities of 
     the Committee of outside advisors, including individuals with 
     expertise in the development of policies for the electronic 
     exchange and use of health information, including in the 
     areas of health information privacy and security.
       ``(6) Quorum.--A majority of the member of the HIT Policy 
     Committee shall constitute a quorum for purposes of voting, 
     but a lesser number of members may meet and hold hearings.
       ``(7) Failure of initial appointment.--If, on the date that 
     is 45 days after the date of enactment of this title, an 
     official authorized under paragraph (2) to appoint one or 
     more members of the HIT Policy Committee has not appointed 
     the full number of members that such paragraph authorizes 
     such official to appoint, the Secretary is authorized to 
     appoint such members.
       ``(8) Consideration.--The National Coordinator shall ensure 
     that the relevant and available recommendations and comments 
     from the

[[Page H1340]]

     National Committee on Vital and Health Statistics are 
     considered in the development of policies.
       ``(d) Application of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.), other than section 14 of such Act, shall 
     apply to the HIT Policy Committee.
       ``(e) Publication.--The Secretary shall provide for 
     publication in the Federal Register and the posting on the 
     Internet website of the Office of the National Coordinator 
     for Health Information Technology of all policy 
     recommendations made by the HIT Policy Committee under this 
     section.

     ``SEC. 3003. HIT STANDARDS COMMITTEE.

       ``(a) Establishment.--There is established a committee to 
     be known as the HIT Standards Committee to recommend to the 
     National Coordinator standards, implementation 
     specifications, and certification criteria for the electronic 
     exchange and use of health information for purposes of 
     adoption under section 3004, consistent with the 
     implementation of the strategic plan described in section 
     3001(c)(3) and beginning with the areas listed in section 
     3002(b)(2)(B) in accordance with policies developed by the 
     HIT Policy Committee.
       ``(b) Duties.--
       ``(1) Standards development.--
       ``(A) In general.--The HIT Standards Committee shall 
     recommend to the National Coordinator standards, 
     implementation specifications, and certification criteria 
     described in subsection (a) that have been developed, 
     harmonized, or recognized by the HIT Standards Committee. The 
     HIT Standards Committee shall update such recommendations and 
     make new recommendations as appropriate, including in 
     response to a notification sent under section 3004(a)(2)(B). 
     Such recommendations shall be consistent with the latest 
     recommendations made by the HIT Policy Committee.
       ``(B) Harmonization.--The HIT Standards Committee recognize 
     harmonized or updated standards from an entity or entities 
     for the purpose of harmonizing or updating standards and 
     implementation specifications in order to achieve uniform and 
     consistent implementation of the standards and implementation 
     specifications.
       ``(C) Pilot testing of standards and implementation 
     specifications.--In the development, harmonization, or 
     recognition of standards and implementation specifications, 
     the HIT Standards Committee shall, as appropriate, provide 
     for the testing of such standards and specifications by the 
     National Institute for Standards and Technology under section 
     13201(a) of the Health Information Technology for Economic 
     and Clinical Health Act.
       ``(D) Consistency.--The standards, implementation 
     specifications, and certification criteria recommended under 
     this subsection shall be consistent with the standards for 
     information transactions and data elements adopted pursuant 
     to section 1173 of the Social Security Act.
       ``(2) Forum.--The HIT Standards Committee shall serve as a 
     forum for the participation of a broad range of stakeholders 
     to provide input on the development, harmonization, and 
     recognition of standards, implementation specifications, and 
     certification criteria necessary for the development and 
     adoption of a nationwide health information technology 
     infrastructure that allows for the electronic use and 
     exchange of health information.
       ``(3) Schedule.--Not later than 90 days after the date of 
     the enactment of this title, the HIT Standards Committee 
     shall develop a schedule for the assessment of policy 
     recommendations developed by the HIT Policy Committee under 
     section 3002. The HIT Standards Committee shall update such 
     schedule annually. The Secretary shall publish such schedule 
     in the Federal Register.
       ``(4) Public input.--The HIT Standards Committee shall 
     conduct open public meetings and develop a process to allow 
     for public comment on the schedule described in paragraph (3) 
     and recommendations described in this subsection. Under such 
     process comments shall be submitted in a timely manner after 
     the date of publication of a recommendation under this 
     subsection.
       ``(5) Consideration.--The National Coordinator shall ensure 
     that the relevant and available recommendations and comments 
     from the National Committee on Vital and Health Statistics 
     are considered in the development of standards.
       ``(c) Membership and Operations.--
       ``(1) In general.--The National Coordinator shall take a 
     leading position in the establishment and operations of the 
     HIT Standards Committee.
       ``(2) Membership.--The membership of the HIT Standards 
     Committee shall at least reflect providers, ancillary 
     healthcare workers, consumers, purchasers, health plans, 
     technology vendors, researchers, relevant Federal agencies, 
     and individuals with technical expertise on health care 
     quality, privacy and security, and on the electronic exchange 
     and use of health information.
       ``(3) Participation.--The members of the HIT Standards 
     Committee appointed under this subsection shall represent a 
     balance among various sectors of the health care system so 
     that no single sector unduly influences the recommendations 
     of such Committee.
       ``(4) Outside involvement.--The HIT Policy Committee shall 
     ensure an opportunity for the participation in activities of 
     the Committee of outside advisors, including individuals with 
     expertise in the development of standards for the electronic 
     exchange and use of health information, including in the 
     areas of health information privacy and security.
       ``(5) Balance among sectors.--In developing the procedures 
     for conducting the activities of the HIT Standards Committee, 
     the HIT Standards Committee shall act to ensure a balance 
     among various sectors of the health care system so that no 
     single sector unduly influences the actions of the HIT 
     Standards Committee.
       ``(6) Assistance.--For the purposes of carrying out this 
     section, the Secretary may provide or ensure that financial 
     assistance is provided by the HIT Standards Committee to 
     defray in whole or in part any membership fees or dues 
     charged by such Committee to those consumer advocacy groups 
     and not for profit entities that work in the public interest 
     as a part of their mission.
       ``(d) Application of FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.), other than section 14, shall apply to 
     the HIT Standards Committee.
       ``(e) Publication.--The Secretary shall provide for 
     publication in the Federal Register and the posting on the 
     Internet website of the Office of the National Coordinator 
     for Health Information Technology of all recommendations made 
     by the HIT Standards Committee under this section.

     ``SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED 
                   RECOMMENDATIONS; ADOPTION OF INITIAL SET OF 
                   STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND 
                   CERTIFICATION CRITERIA.

       ``(a) Process for Adoption of Endorsed Recommendations.--
       ``(1) Review of endorsed standards, implementation 
     specifications, and certification criteria.--Not later than 
     90 days after the date of receipt of standards, 
     implementation specifications, or certification criteria 
     endorsed under section 3001(c), the Secretary, in 
     consultation with representatives of other relevant Federal 
     agencies, shall jointly review such standards, implementation 
     specifications, or certification criteria and shall determine 
     whether or not to propose adoption of such standards, 
     implementation specifications, or certification criteria.
       ``(2) Determination to adopt standards, implementation 
     specifications, and certification criteria.--If the Secretary 
     determines--
       ``(A) to propose adoption of any grouping of such 
     standards, implementation specifications, or certification 
     criteria, the Secretary shall, by regulation under section 
     553 of title 5, United States Code, determine whether or not 
     to adopt such grouping of standards, implementation 
     specifications, or certification criteria; or
       ``(B) not to propose adoption of any grouping of standards, 
     implementation specifications, or certification criteria, the 
     Secretary shall notify the National Coordinator and the HIT 
     Standards Committee in writing of such determination and the 
     reasons for not proposing the adoption of such 
     recommendation.
       ``(3) Publication.--The Secretary shall provide for 
     publication in the Federal Register of all determinations 
     made by the Secretary under paragraph (1).
       ``(b) Adoption of Standards, Implementation Specifications, 
     and Certification Criteria.--
       ``(1) In general.--Not later than December 31, 2009, the 
     Secretary shall, through the rulemaking process consistent 
     with subsection (a)(2)(A), adopt an initial set of standards, 
     implementation specifications, and certification criteria for 
     the areas required for consideration under section 
     3002(b)(2)(B). The rulemaking for the initial set of 
     standards, implementation specifications, and certification 
     criteria may be issued on an interim, final basis.
       ``(2) Application of current standards, implementation 
     specifications, and certification criteria.--The standards, 
     implementation specifications, and certification criteria 
     adopted before the date of the enactment of this title 
     through the process existing through the Office of the 
     National Coordinator for Health Information Technology may be 
     applied towards meeting the requirement of paragraph (1).
       ``(3) Subsequent standards activity.--The Secretary shall 
     adopt additional standards, implementation specifications, 
     and certification criteria as necessary and consistent with 
     the schedule published under section 3003(b)(2).

     ``SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND 
                   IMPLEMENTATION SPECIFICATIONS BY FEDERAL 
                   AGENCIES.

       ``For requirements relating to the application and use by 
     Federal agencies of the standards and implementation 
     specifications adopted under section 3004, see section 13111 
     of the Health Information Technology for Economic and 
     Clinical Health Act.

     ``SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED 
                   STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY 
                   PRIVATE ENTITIES.

       ``(a) In General.--Except as provided under section 13112 
     of the HITECH Act, nothing in such Act or in the amendments 
     made by such Act shall be construed--
       ``(1) to require a private entity to adopt or comply with a 
     standard or implementation specification adopted under 
     section 3004; or
       ``(2) to provide a Federal agency authority, other than the 
     authority such agency may have under other provisions of law, 
     to require a private entity to comply with such a standard or 
     implementation specification.
       ``(b) Rule of Construction.--Nothing in this subtitle shall 
     be construed to require that a private entity that enters 
     into a contract with the Federal Government apply or use the 
     standards and implementation specifications adopted under 
     section 3004 with respect to activities not related to the 
     contract.

     ``SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.

       ``(a) In General.--The National Coordinator shall support 
     the development and routine updating of qualified electronic 
     health record technology (as defined in section 3000) 
     consistent with subsections (b) and (c) and make available

[[Page H1341]]

     such qualified electronic health record technology unless the 
     Secretary determines through an assessment that the needs and 
     demands of providers are being substantially and adequately 
     met through the marketplace.
       ``(b) Certification.--In making such electronic health 
     record technology publicly available, the National 
     Coordinator shall ensure that the qualified electronic health 
     record technology described in subsection (a) is certified 
     under the program developed under section 3001(c)(3) to be in 
     compliance with applicable standards adopted under section 
     3003(a).
       ``(c) Authorization To Charge a Nominal Fee.--The National 
     Coordinator may impose a nominal fee for the adoption by a 
     health care provider of the health information technology 
     system developed or approved under subsection (a) and (b). 
     Such fee shall take into account the financial circumstances 
     of smaller providers, low income providers, and providers 
     located in rural or other medically underserved areas.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to require that a private or government entity 
     adopt or use the technology provided under this section.

     ``SEC. 3008. TRANSITIONS.

       ``(a) ONCHIT.--To the extent consistent with section 3001, 
     all functions, personnel, assets, liabilities, and 
     administrative actions applicable to the National Coordinator 
     for Health Information Technology appointed under Executive 
     Order No. 13335 or the Office of such National Coordinator on 
     the date before the date of the enactment of this title shall 
     be transferred to the National Coordinator appointed under 
     section 3001(a) and the Office of such National Coordinator 
     as of the date of the enactment of this title.
       ``(b) National EHealth Collaborative.--Nothing in sections 
     3002 or 3003 or this subsection shall be construed as 
     prohibiting the AHIC Successor, Inc. doing business as the 
     National eHealth Collaborative from modifying its charter, 
     duties, membership, and any other structure or function 
     required to be consistent with section 3002 and 3003 so as to 
     allow the Secretary to recognize such AHIC Successor, Inc. as 
     the HIT Policy Committee or the HIT Standards Committee.
       ``(c) Consistency of Recommendations.--In carrying out 
     section 3003(b)(1)(A), until recommendations are made by the 
     HIT Policy Committee, recommendations of the HIT Standards 
     Committee shall be consistent with the most recent 
     recommendations made by such AHIC Successor, Inc.

     ``SEC. 3009. MISCELLANEOUS PROVISIONS.

       ``(a) Relation to HIPAA Privacy and Security Law.--
       ``(1) In general.--With respect to the relation of this 
     title to HIPAA privacy and security law:
       ``(A) This title may not be construed as having any effect 
     on the authorities of the Secretary under HIPAA privacy and 
     security law.
       ``(B) The purposes of this title include ensuring that the 
     health information technology standards and implementation 
     specifications adopted under section 3004 take into account 
     the requirements of HIPAA privacy and security law.
       ``(2) Definition.--For purposes of this section, the term 
     `HIPAA privacy and security law' means--
       ``(A) the provisions of part C of title XI of the Social 
     Security Act, section 264 of the Health Insurance Portability 
     and Accountability Act of 1996, and subtitle D of title IV of 
     the Health Information Technology for Economic and Clinical 
     Health Act; and
       ``(B) regulations under such provisions.
       ``(b) Flexibility.--In administering the provisions of this 
     title, the Secretary shall have flexibility in applying the 
     definition of health care provider under section 3000(3), 
     including the authority to omit certain entities listed in 
     such definition when applying such definition under this 
     title, where appropriate.''.

     SEC. 13102. TECHNICAL AMENDMENT.

       Section 1171(5) of the Social Security Act (42 U.S.C. 
     1320d) is amended by striking ``or C'' and inserting ``C, or 
     D''.

 PART 2--APPLICATION AND USE OF ADOPTED HEALTH INFORMATION TECHNOLOGY 
                           STANDARDS; REPORTS

     SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH ADOPTED 
                   STANDARDS AND IMPLEMENTATION SPECIFICATIONS.

       (a) Spending on Health Information Technology Systems.--As 
     each agency (as defined by the Director of the Office of 
     Management and Budget, in consultation with the Secretary of 
     Health and Human Services) implements, acquires, or upgrades 
     health information technology systems used for the direct 
     exchange of individually identifiable health information 
     between agencies and with non-Federal entities, it shall 
     utilize, where available, health information technology 
     systems and products that meet standards and implementation 
     specifications adopted under section 3004 of the Public 
     Health Service Act, as added by section 13101.
       (b) Federal Information Collection Activities.--With 
     respect to a standard or implementation specification adopted 
     under section 3004 of the Public Health Service Act, as added 
     by section 13101, the President shall take measures to ensure 
     that Federal activities involving the broad collection and 
     submission of health information are consistent with such 
     standard or implementation specification, respectively, 
     within three years after the date of such adoption.
       (c) Application of Definitions.--The definitions contained 
     in section 3000 of the Public Health Service Act, as added by 
     section 13101, shall apply for purposes of this part.

     SEC. 13112. APPLICATION TO PRIVATE ENTITIES.

       Each agency (as defined in such Executive Order issued on 
     August 22, 2006, relating to promoting quality and efficient 
     health care in Federal government administered or sponsored 
     health care programs) shall require in contracts or 
     agreements with health care providers, health plans, or 
     health insurance issuers that as each provider, plan, or 
     issuer implements, acquires, or upgrades health information 
     technology systems, it shall utilize, where available, health 
     information technology systems and products that meet 
     standards and implementation specifications adopted under 
     section 3004 of the Public Health Service Act, as added by 
     section 13101.

     SEC. 13113. STUDY AND REPORTS.

       (a) Report on Adoption of Nationwide System.--Not later 
     than 2 years after the date of the enactment of this Act and 
     annually thereafter, the Secretary of Health and Human 
     Services shall submit to the appropriate committees of 
     jurisdiction of the House of Representatives and the Senate a 
     report that--
       (1) describes the specific actions that have been taken by 
     the Federal Government and private entities to facilitate the 
     adoption of a nationwide system for the electronic use and 
     exchange of health information;
       (2) describes barriers to the adoption of such a nationwide 
     system; and
       (3) contains recommendations to achieve full implementation 
     of such a nationwide system.
       (b) Reimbursement Incentive Study and Report.--
       (1) Study.--The Secretary of Health and Human Services 
     shall carry out, or contract with a private entity to carry 
     out, a study that examines methods to create efficient 
     reimbursement incentives for improving health care quality in 
     Federally qualified health centers, rural health clinics, and 
     free clinics.
       (2) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the appropriate committees of 
     jurisdiction of the House of Representatives and the Senate a 
     report on the study carried out under paragraph (1).
       (c) Aging Services Technology Study and Report.--
       (1) In general.--The Secretary of Health and Human Services 
     shall carry out, or contract with a private entity to carry 
     out, a study of matters relating to the potential use of new 
     aging services technology to assist seniors, individuals with 
     disabilities, and their caregivers throughout the aging 
     process.
       (2) Matters to be studied.--The study under paragraph (1) 
     shall include--
       (A) an evaluation of--
       (i) methods for identifying current, emerging, and future 
     health technology that can be used to meet the needs of 
     seniors and individuals with disabilities and their 
     caregivers across all aging services settings, as specified 
     by the Secretary;
       (ii) methods for fostering scientific innovation with 
     respect to aging services technology within the business and 
     academic communities; and
       (iii) developments in aging services technology in other 
     countries that may be applied in the United States; and
       (B) identification of--
       (i) barriers to innovation in aging services technology and 
     devising strategies for removing such barriers; and
       (ii) barriers to the adoption of aging services technology 
     by health care providers and consumers and devising 
     strategies to removing such barriers.
       (3) Report.--Not later than 24 months after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of jurisdiction of the House of 
     Representatives and of the Senate a report on the study 
     carried out under paragraph (1).
       (4) Definitions.--For purposes of this subsection:
       (A) Aging services technology.--The term ``aging services 
     technology'' means health technology that meets the health 
     care needs of seniors, individuals with disabilities, and the 
     caregivers of such seniors and individuals.
       (B) Senior.--The term ``senior'' has such meaning as 
     specified by the Secretary.

          Subtitle B--Testing of Health Information Technology

     SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY 
                   TESTING.

       (a) Pilot Testing of Standards and Implementation 
     Specifications.--In coordination with the HIT Standards 
     Committee established under section 3003 of the Public Health 
     Service Act, as added by section 13101, with respect to the 
     development of standards and implementation specifications 
     under such section, the Director of the National Institute 
     for Standards and Technology shall test such standards and 
     implementation specifications, as appropriate, in order to 
     assure the efficient implementation and use of such standards 
     and implementation specifications.
       (b) Voluntary Testing Program.--In coordination with the 
     HIT Standards Committee established under section 3003 of the 
     Public Health Service Act, as added by section 13101, with 
     respect to the development of standards and implementation 
     specifications under such section, the Director of the 
     National Institute of Standards and Technology shall support 
     the establishment of a conformance testing infrastructure, 
     including the development of technical test beds. The 
     development of this conformance testing infrastructure may 
     include a program to accredit independent, non-Federal 
     laboratories to perform testing.

     SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS.

       (a) Health Care Information Enterprise Integration Research 
     Centers.--
       (1) In general.--The Director of the National Institute of 
     Standards and Technology, in consultation with the Director 
     of the National Science Foundation and other appropriate 
     Federal agencies, shall establish a program of assistance to 
     institutions of higher education (or

[[Page H1342]]

     consortia thereof which may include nonprofit entities and 
     Federal Government laboratories) to establish 
     multidisciplinary Centers for Health Care Information 
     Enterprise Integration.
       (2) Review; competition.--Grants shall be awarded under 
     this subsection on a merit-reviewed, competitive basis.
       (3) Purpose.--The purposes of the Centers described in 
     paragraph (1) shall be--
       (A) to generate innovative approaches to health care 
     information enterprise integration by conducting cutting-
     edge, multidisciplinary research on the systems challenges to 
     health care delivery; and
       (B) the development and use of health information 
     technologies and other complementary fields.
       (4) Research areas.--Research areas may include--
       (A) interfaces between human information and communications 
     technology systems;
       (B) voice-recognition systems;
       (C) software that improves interoperability and 
     connectivity among health information systems;
       (D) software dependability in systems critical to health 
     care delivery;
       (E) measurement of the impact of information technologies 
     on the quality and productivity of health care;
       (F) health information enterprise management;
       (G) health information technology security and integrity; 
     and
       (H) relevant health information technology to reduce 
     medical errors.
       (5) Applications.--An institution of higher education (or a 
     consortium thereof) seeking funding under this subsection 
     shall submit an application to the Director of the National 
     Institute of Standards and Technology at such time, in such 
     manner, and containing such information as the Director may 
     require. The application shall include, at a minimum, a 
     description of--
       (A) the research projects that will be undertaken by the 
     Center established pursuant to assistance under paragraph (1) 
     and the respective contributions of the participating 
     entities;
       (B) how the Center will promote active collaboration among 
     scientists and engineers from different disciplines, such as 
     information technology, biologic sciences, management, social 
     sciences, and other appropriate disciplines;
       (C) technology transfer activities to demonstrate and 
     diffuse the research results, technologies, and knowledge; 
     and
       (D) how the Center will contribute to the education and 
     training of researchers and other professionals in fields 
     relevant to health information enterprise integration.
       (b) National Information Technology Research and 
     Development Program.--The National High-Performance Computing 
     Program established by section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) shall include Federal 
     research and development programs related to health 
     information technology.

                  Subtitle C--Grants and Loans Funding

     SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PROGRAMS.

       Title XXX of the Public Health Service Act, as added by 
     section 13101, is amended by adding at the end the following 
     new subtitle:

 ``Subtitle B--Incentives for the Use of Health Information Technology

     ``SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE HEALTH 
                   INFORMATION TECHNOLOGY INFRASTRUCTURE.

       ``(a) In General.--The Secretary shall, using amounts 
     appropriated under section 3018, invest in the infrastructure 
     necessary to allow for and promote the electronic exchange 
     and use of health information for each individual in the 
     United States consistent with the goals outlined in the 
     strategic plan developed by the National Coordinator (and as 
     available) under section 3001. The Secretary shall invest 
     funds through the different agencies with expertise in such 
     goals, such as the Office of the National Coordinator for 
     Health Information Technology, the Health Resources and 
     Services Administration, the Agency for Healthcare Research 
     and Quality, the Centers of Medicare & Medicaid Services, the 
     Centers for Disease Control and Prevention, and the Indian 
     Health Service to support the following:
       ``(1) Health information technology architecture that will 
     support the nationwide electronic exchange and use of health 
     information in a secure, private, and accurate manner, 
     including connecting health information exchanges, and which 
     may include updating and implementing the infrastructure 
     necessary within different agencies of the Department of 
     Health and Human Services to support the electronic use and 
     exchange of health information.
       ``(2) Development and adoption of appropriate certified 
     electronic health records for categories of health care 
     providers not eligible for support under title XVIII or XIX 
     of the Social Security Act for the adoption of such records.
       ``(3) Training on and dissemination of information on best 
     practices to integrate health information technology, 
     including electronic health records, into a provider's 
     delivery of care, consistent with best practices learned from 
     the Health Information Technology Research Center developed 
     under section 3012(b), including community health centers 
     receiving assistance under section 330, covered entities 
     under section 340B, and providers participating in one or 
     more of the programs under titles XVIII, XIX, and XXI of the 
     Social Security Act (relating to Medicare, Medicaid, and the 
     State Children's Health Insurance Program).
       ``(4) Infrastructure and tools for the promotion of 
     telemedicine, including coordination among Federal agencies 
     in the promotion of telemedicine.
       ``(5) Promotion of the interoperability of clinical data 
     repositories or registries.
       ``(6) Promotion of technologies and best practices that 
     enhance the protection of health information by all holders 
     of individually identifiable health information.
       ``(7) Improvement and expansion of the use of health 
     information technology by public health departments.
       ``(b) Coordination.--The Secretary shall ensure funds under 
     this section are used in a coordinated manner with other 
     health information promotion activities.
       ``(c) Additional Use of Funds.--In addition to using funds 
     as provided in subsection (a), the Secretary may use amounts 
     appropriated under section 3018 to carry out health 
     information technology activities that are provided for under 
     laws in effect on the date of the enactment of this title.
       ``(d) Standards for Acquisition of Health Information 
     Technology.--To the greatest extent practicable, the 
     Secretary shall ensure that where funds are expended under 
     this section for the acquisition of health information 
     technology, such funds shall be used to acquire health 
     information technology that meets applicable standards 
     adopted under section 3004. Where it is not practicable to 
     expend funds on health information technology that meets such 
     applicable standards, the Secretary shall ensure that such 
     health information technology meets applicable standards 
     otherwise adopted by the Secretary.

     ``SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION 
                   ASSISTANCE.

       ``(a) Health Information Technology Extension Program.--To 
     assist health care providers to adopt, implement, and 
     effectively use certified EHR technology that allows for the 
     electronic exchange and use of health information, the 
     Secretary, acting through the Office of the National 
     Coordinator, shall establish a health information technology 
     extension program to provide health information technology 
     assistance services to be carried out through the Department 
     of Health and Human Services. The National Coordinator shall 
     consult with other Federal agencies with demonstrated 
     experience and expertise in information technology services, 
     such as the National Institute of Standards and Technology, 
     in developing and implementing this program.
       ``(b) Health Information Technology Research Center.--
       ``(1) In general.--The Secretary shall create a Health 
     Information Technology Research Center (in this section 
     referred to as the `Center') to provide technical assistance 
     and develop or recognize best practices to support and 
     accelerate efforts to adopt, implement, and effectively 
     utilize health information technology that allows for the 
     electronic exchange and use of information in compliance with 
     standards, implementation specifications, and certification 
     criteria adopted under section 3004.
       ``(2) Input.--The Center shall incorporate input from--
       ``(A) other Federal agencies with demonstrated experience 
     and expertise in information technology services such as the 
     National Institute of Standards and Technology;
       ``(B) users of health information technology, such as 
     providers and their support and clerical staff and others 
     involved in the care and care coordination of patients, from 
     the health care and health information technology industry; 
     and
       ``(C) others as appropriate.
       ``(3) Purposes.--The purposes of the Center are to--
       ``(A) provide a forum for the exchange of knowledge and 
     experience;
       ``(B) accelerate the transfer of lessons learned from 
     existing public and private sector initiatives, including 
     those currently receiving Federal financial support;
       ``(C) assemble, analyze, and widely disseminate evidence 
     and experience related to the adoption, implementation, and 
     effective use of health information technology that allows 
     for the electronic exchange and use of information including 
     through the regional centers described in subsection (c);
       ``(D) provide technical assistance for the establishment 
     and evaluation of regional and local health information 
     networks to facilitate the electronic exchange of information 
     across health care settings and improve the quality of health 
     care;
       ``(E) provide technical assistance for the development and 
     dissemination of solutions to barriers to the exchange of 
     electronic health information; and
       ``(F) learn about effective strategies to adopt and utilize 
     health information technology in medically underserved 
     communities.
       ``(c) Health Information Technology Regional Extension 
     Centers.--
       ``(1) In general.--The Secretary shall provide assistance 
     for the creation and support of regional centers (in this 
     subsection referred to as `regional centers') to provide 
     technical assistance and disseminate best practices and other 
     information learned from the Center to support and accelerate 
     efforts to adopt, implement, and effectively utilize health 
     information technology that allows for the electronic 
     exchange and use of information in compliance with standards, 
     implementation specifications, and certification criteria 
     adopted under section 3004. Activities conducted under this 
     subsection shall be consistent with the strategic plan 
     developed by the National Coordinator, (and, as available) 
     under section 3001.
       ``(2) Affiliation.--Regional centers shall be affiliated 
     with any United States-based nonprofit institution or 
     organization, or group thereof, that applies and is awarded 
     financial assistance under this section. Individual awards 
     shall be decided on the basis of merit.

[[Page H1343]]

       ``(3) Objective.--The objective of the regional centers is 
     to enhance and promote the adoption of health information 
     technology through--
       ``(A) assistance with the implementation, effective use, 
     upgrading, and ongoing maintenance of health information 
     technology, including electronic health records, to 
     healthcare providers nationwide;
       ``(B) broad participation of individuals from industry, 
     universities, and State governments;
       ``(C) active dissemination of best practices and research 
     on the implementation, effective use, upgrading, and ongoing 
     maintenance of health information technology, including 
     electronic health records, to health care providers in order 
     to improve the quality of healthcare and protect the privacy 
     and security of health information;
       ``(D) participation, to the extent practicable, in health 
     information exchanges;
       ``(E) utilization, when appropriate, of the expertise and 
     capability that exists in Federal agencies other than the 
     Department; and
       ``(F) integration of health information technology, 
     including electronic health records, into the initial and 
     ongoing training of health professionals and others in the 
     healthcare industry that would be instrumental to improving 
     the quality of healthcare through the smooth and accurate 
     electronic use and exchange of health information.
       ``(4) Regional assistance.--Each regional center shall aim 
     to provide assistance and education to all providers in a 
     region, but shall prioritize any direct assistance first to 
     the following:
       ``(A) Public or not-for-profit hospitals or critical access 
     hospitals.
       ``(B) Federally qualified health centers (as defined in 
     section 1861(aa)(4) of the Social Security Act).
       ``(C) Entities that are located in rural and other areas 
     that serve uninsured, underinsured, and medically underserved 
     individuals (regardless of whether such area is urban or 
     rural).
       ``(D) Individual or small group practices (or a consortium 
     thereof) that are primarily focused on primary care.
       ``(5) Financial support.--The Secretary may provide 
     financial support to any regional center created under this 
     subsection for a period not to exceed four years. The 
     Secretary may not provide more than 50 percent of the capital 
     and annual operating and maintenance funds required to create 
     and maintain such a center, except in an instance of national 
     economic conditions which would render this cost-share 
     requirement detrimental to the program and upon notification 
     to Congress as to the justification to waive the cost-share 
     requirement.
       ``(6) Notice of program description and availability of 
     funds.--The Secretary shall publish in the Federal Register, 
     not later than 90 days after the date of the enactment of 
     this title, a draft description of the program for 
     establishing regional centers under this subsection. Such 
     description shall include the following:
       ``(A) A detailed explanation of the program and the 
     programs goals.
       ``(B) Procedures to be followed by the applicants.
       ``(C) Criteria for determining qualified applicants.
       ``(D) Maximum support levels expected to be available to 
     centers under the program.
       ``(7) Application review.--The Secretary shall subject each 
     application under this subsection to merit review. In making 
     a decision whether to approve such application and provide 
     financial support, the Secretary shall consider at a minimum 
     the merits of the application, including those portions of 
     the application regarding--
       ``(A) the ability of the applicant to provide assistance 
     under this subsection and utilization of health information 
     technology appropriate to the needs of particular categories 
     of health care providers;
       ``(B) the types of service to be provided to health care 
     providers;
       ``(C) geographical diversity and extent of service area; 
     and
       ``(D) the percentage of funding and amount of in-kind 
     commitment from other sources.
       ``(8) Biennial evaluation.--Each regional center which 
     receives financial assistance under this subsection shall be 
     evaluated biennially by an evaluation panel appointed by the 
     Secretary. Each evaluation panel shall be composed of private 
     experts, none of whom shall be connected with the center 
     involved, and of Federal officials. Each evaluation panel 
     shall measure the involved center's performance against the 
     objective specified in paragraph (3). The Secretary shall not 
     continue to provide funding to a regional center unless its 
     evaluation is overall positive.
       ``(9) Continuing support.--After the second year of 
     assistance under this subsection, a regional center may 
     receive additional support under this subsection if it has 
     received positive evaluations and a finding by the Secretary 
     that continuation of Federal funding to the center was in the 
     best interest of provision of health information technology 
     extension services.

     ``SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFORMATION 
                   TECHNOLOGY.

       ``(a) In General.--The Secretary, acting through the 
     National Coordinator, shall establish a program in accordance 
     with this section to facilitate and expand the electronic 
     movement and use of health information among organizations 
     according to nationally recognized standards.
       ``(b) Planning Grants.--The Secretary may award a grant to 
     a State or qualified State-designated entity (as described in 
     subsection (f)) that submits an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may specify, for the purpose of planning 
     activities described in subsection (d).
       ``(c) Implementation Grants.--The Secretary may award a 
     grant to a State or qualified State designated entity that--
       ``(1) has submitted, and the Secretary has approved, a plan 
     described in subsection (e) (regardless of whether such plan 
     was prepared using amounts awarded under subsection (b); and
       ``(2) submits an application at such time, in such manner, 
     and containing such information as the Secretary may specify.
       ``(d) Use of Funds.--Amounts received under a grant under 
     subsection (c) shall be used to conduct activities to 
     facilitate and expand the electronic movement and use of 
     health information among organizations according to 
     nationally recognized standards through activities that 
     include--
       ``(1) enhancing broad and varied participation in the 
     authorized and secure nationwide electronic use and exchange 
     of health information;
       ``(2) identifying State or local resources available 
     towards a nationwide effort to promote health information 
     technology;
       ``(3) complementing other Federal grants, programs, and 
     efforts towards the promotion of health information 
     technology;
       ``(4) providing technical assistance for the development 
     and dissemination of solutions to barriers to the exchange of 
     electronic health information;
       ``(5) promoting effective strategies to adopt and utilize 
     health information technology in medically underserved 
     communities;
       ``(6) assisting patients in utilizing health information 
     technology;
       ``(7) encouraging clinicians to work with Health 
     Information Technology Regional Extension Centers as 
     described in section 3012, to the extent they are available 
     and valuable;
       ``(8) supporting public health agencies' authorized use of 
     and access to electronic health information;
       ``(9) promoting the use of electronic health records for 
     quality improvement including through quality measures 
     reporting; and
       ``(10) such other activities as the Secretary may specify.
       ``(e) Plan.--
       ``(1) In general.--A plan described in this subsection is a 
     plan that describes the activities to be carried out by a 
     State or by the qualified State-designated entity within such 
     State to facilitate and expand the electronic movement and 
     use of health information among organizations according to 
     nationally recognized standards and implementation 
     specifications.
       ``(2) Required elements.--A plan described in paragraph (1) 
     shall--
       ``(A) be pursued in the public interest;
       ``(B) be consistent with the strategic plan developed by 
     the National Coordinator, (and, as available) under section 
     3001;
       ``(C) include a description of the ways the State or 
     qualified State-designated entity will carry out the 
     activities described in subsection (b); and
       ``(D) contain such elements as the Secretary may require.
       ``(f) Qualified State-Designated Entity.--For purposes of 
     this section, to be a qualified State-designated entity, with 
     respect to a State, an entity shall--
       ``(1) be designated by the State as eligible to receive 
     awards under this section;
       ``(2) be a not-for-profit entity with broad stakeholder 
     representation on its governing board;
       ``(3) demonstrate that one of its principal goals is to use 
     information technology to improve health care quality and 
     efficiency through the authorized and secure electronic 
     exchange and use of health information;
       ``(4) adopt nondiscrimination and conflict of interest 
     policies that demonstrate a commitment to open, fair, and 
     nondiscriminatory participation by stakeholders; and
       ``(5) conform to such other requirements as the Secretary 
     may establish.
       ``(g) Required Consultation.--In carrying out activities 
     described in subsections (b) and (c), a State or qualified 
     State-designated entity shall consult with and consider the 
     recommendations of--
       ``(1) health care providers (including providers that 
     provide services to low income and underserved populations);
       ``(2) health plans;
       ``(3) patient or consumer organizations that represent the 
     population to be served;
       ``(4) health information technology vendors;
       ``(5) health care purchasers and employers;
       ``(6) public health agencies;
       ``(7) health professions schools, universities and 
     colleges;
       ``(8) clinical researchers;
       ``(9) other users of health information technology such as 
     the support and clerical staff of providers and others 
     involved in the care and care coordination of patients; and
       ``(10) such other entities, as may be determined 
     appropriate by the Secretary.
       ``(h) Continuous Improvement.--The Secretary shall annually 
     evaluate the activities conducted under this section and 
     shall, in awarding grants under this section, implement the 
     lessons learned from such evaluation in a manner so that 
     awards made subsequent to each such evaluation are made in a 
     manner that, in the determination of the Secretary, will lead 
     towards the greatest improvement in quality of care, decrease 
     in costs, and the most effective authorized and secure 
     electronic exchange of health information.
       ``(i) Required Match.--
       ``(1) In general.--For a fiscal year (beginning with fiscal 
     year 2011), the Secretary may not make a grant under this 
     section to a State unless the State agrees to make available 
     non-Federal contributions (which may include in-kind 
     contributions) toward the costs of a grant

[[Page H1344]]

     awarded under subsection (c) in an amount equal to--
       ``(A) for fiscal year 2011, not less than $1 for each $10 
     of Federal funds provided under the grant;
       ``(B) for fiscal year 2012, not less than $1 for each $7 of 
     Federal funds provided under the grant; and
       ``(C) for fiscal year 2013 and each subsequent fiscal year, 
     not less than $1 for each $3 of Federal funds provided under 
     the grant.
       ``(2) Authority to require state match for fiscal years 
     before fiscal year 2011.--For any fiscal year during the 
     grant program under this section before fiscal year 2011, the 
     Secretary may determine the extent to which there shall be 
     required a non-Federal contribution from a State receiving a 
     grant under this section.

     ``SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN TRIBES 
                   FOR THE DEVELOPMENT OF LOAN PROGRAMS TO 
                   FACILITATE THE WIDESPREAD ADOPTION OF CERTIFIED 
                   EHR TECHNOLOGY.

       ``(a) In General.--The National Coordinator may award 
     competitive grants to eligible entities for the establishment 
     of programs for loans to health care providers to conduct the 
     activities described in subsection (e).
       ``(b) Eligible Entity Defined.--For purposes of this 
     subsection, the term `eligible entity' means a State or 
     Indian tribe (as defined in the Indian Self-Determination and 
     Education Assistance Act) that--
       ``(1) submits to the National Coordinator an application at 
     such time, in such manner, and containing such information as 
     the National Coordinator may require;
       ``(2) submits to the National Coordinator a strategic plan 
     in accordance with subsection (d) and provides to the 
     National Coordinator assurances that the entity will update 
     such plan annually in accordance with such subsection;
       ``(3) provides assurances to the National Coordinator that 
     the entity will establish a Loan Fund in accordance with 
     subsection (c);
       ``(4) provides assurances to the National Coordinator that 
     the entity will not provide a loan from the Loan Fund to a 
     health care provider unless the provider agrees to--
       ``(A) submit reports on quality measures adopted by the 
     Federal Government (by not later than 90 days after the date 
     on which such measures are adopted), to--
       ``(i) the Administrator of the Centers for Medicare & 
     Medicaid Services (or his or her designee), in the case of an 
     entity participating in the Medicare program under title 
     XVIII of the Social Security Act or the Medicaid program 
     under title XIX of such Act; or
       ``(ii) the Secretary in the case of other entities;
       ``(B) demonstrate to the satisfaction of the Secretary 
     (through criteria established by the Secretary) that any 
     certified EHR technology purchased, improved, or otherwise 
     financially supported under a loan under this section is used 
     to exchange health information in a manner that, in 
     accordance with law and standards (as adopted under section 
     3004) applicable to the exchange of information, improves the 
     quality of health care, such as promoting care coordination; 
     and
       ``(C) comply with such other requirements as the entity or 
     the Secretary may require;
       ``(D) include a plan on how health care providers involved 
     intend to maintain and support the certified EHR technology 
     over time;
       ``(E) include a plan on how the health care providers 
     involved intend to maintain and support the certified EHR 
     technology that would be purchased with such loan, including 
     the type of resources expected to be involved and any such 
     other information as the State or Indian Tribe, respectively, 
     may require; and
       ``(5) agrees to provide matching funds in accordance with 
     subsection (h).
       ``(c) Establishment of Fund.--For purposes of subsection 
     (b)(3), an eligible entity shall establish a certified EHR 
     technology loan fund (referred to in this subsection as a 
     `Loan Fund') and comply with the other requirements contained 
     in this section. A grant to an eligible entity under this 
     section shall be deposited in the Loan Fund established by 
     the eligible entity. No funds authorized by other provisions 
     of this title to be used for other purposes specified in this 
     title shall be deposited in any Loan Fund.
       ``(d) Strategic Plan.--
       ``(1) In general.--For purposes of subsection (b)(2), a 
     strategic plan of an eligible entity under this subsection 
     shall identify the intended uses of amounts available to the 
     Loan Fund of such entity.
       ``(2) Contents.--A strategic plan under paragraph (1), with 
     respect to a Loan Fund of an eligible entity, shall include 
     for a year the following:
       ``(A) A list of the projects to be assisted through the 
     Loan Fund during such year.
       ``(B) A description of the criteria and methods established 
     for the distribution of funds from the Loan Fund during the 
     year.
       ``(C) A description of the financial status of the Loan 
     Fund as of the date of submission of the plan.
       ``(D) The short-term and long-term goals of the Loan Fund.
       ``(e) Use of Funds.--Amounts deposited in a Loan Fund, 
     including loan repayments and interest earned on such 
     amounts, shall be used only for awarding loans or loan 
     guarantees, making reimbursements described in subsection 
     (g)(4)(A), or as a source of reserve and security for 
     leveraged loans, the proceeds of which are deposited in the 
     Loan Fund established under subsection (c). Loans under this 
     section may be used by a health care provider to--
       ``(1) facilitate the purchase of certified EHR technology;
       ``(2) enhance the utilization of certified EHR technology 
     (which may include costs associated with upgrading health 
     information technology so that it meets criteria necessary to 
     be a certified EHR technology);
       ``(3) train personnel in the use of such technology; or
       ``(4) improve the secure electronic exchange of health 
     information.
       ``(f) Types of Assistance.--Except as otherwise limited by 
     applicable State law, amounts deposited into a Loan Fund 
     under this section may only be used for the following:
       ``(1) To award loans that comply with the following:
       ``(A) The interest rate for each loan shall not exceed the 
     market interest rate.
       ``(B) The principal and interest payments on each loan 
     shall commence not later than 1 year after the date the loan 
     was awarded, and each loan shall be fully amortized not later 
     than 10 years after the date of the loan.
       ``(C) The Loan Fund shall be credited with all payments of 
     principal and interest on each loan awarded from the Loan 
     Fund.
       ``(2) To guarantee, or purchase insurance for, a local 
     obligation (all of the proceeds of which finance a project 
     eligible for assistance under this subsection) if the 
     guarantee or purchase would improve credit market access or 
     reduce the interest rate applicable to the obligation 
     involved.
       ``(3) As a source of revenue or security for the payment of 
     principal and interest on revenue or general obligation bonds 
     issued by the eligible entity if the proceeds of the sale of 
     the bonds will be deposited into the Loan Fund.
       ``(4) To earn interest on the amounts deposited into the 
     Loan Fund.
       ``(5) To make reimbursements described in subsection 
     (g)(4)(A).
       ``(g) Administration of Loan Funds.--
       ``(1) Combined financial administration.--An eligible 
     entity may (as a convenience and to avoid unnecessary 
     administrative costs) combine, in accordance with applicable 
     State law, the financial administration of a Loan Fund 
     established under this subsection with the financial 
     administration of any other revolving fund established by the 
     entity if otherwise not prohibited by the law under which the 
     Loan Fund was established.
       ``(2) Cost of administering fund.--Each eligible entity may 
     annually use not to exceed 4 percent of the funds provided to 
     the entity under a grant under this section to pay the 
     reasonable costs of the administration of the programs under 
     this section, including the recovery of reasonable costs 
     expended to establish a Loan Fund which are incurred after 
     the date of the enactment of this title.
       ``(3) Guidance and regulations.--The National Coordinator 
     shall publish guidance and promulgate regulations as may be 
     necessary to carry out the provisions of this section, 
     including--
       ``(A) provisions to ensure that each eligible entity 
     commits and expends funds allotted to the entity under this 
     section as efficiently as possible in accordance with this 
     title and applicable State laws; and
       ``(B) guidance to prevent waste, fraud, and abuse.
       ``(4) Private sector contributions.--
       ``(A) In general.--A Loan Fund established under this 
     section may accept contributions from private sector 
     entities, except that such entities may not specify the 
     recipient or recipients of any loan issued under this 
     subsection. An eligible entity may agree to reimburse a 
     private sector entity for any contribution made under this 
     subparagraph, except that the amount of such reimbursement 
     may not be greater than the principal amount of the 
     contribution made.
       ``(B) Availability of information.--An eligible entity 
     shall make publicly available the identity of, and amount 
     contributed by, any private sector entity under subparagraph 
     (A) and may issue letters of commendation or make other 
     awards (that have no financial value) to any such entity.
       ``(h) Matching Requirements.--
       ``(1) In general.--The National Coordinator may not make a 
     grant under subsection (a) to an eligible entity unless the 
     entity agrees to make available (directly or through 
     donations from public or private entities) non-Federal 
     contributions in cash to the costs of carrying out the 
     activities for which the grant is awarded in an amount equal 
     to not less than $1 for each $5 of Federal funds provided 
     under the grant.
       ``(2) Determination of amount of non-federal 
     contribution.--In determining the amount of non-Federal 
     contributions that an eligible entity has provided pursuant 
     to subparagraph (A), the National Coordinator may not include 
     any amounts provided to the entity by the Federal Government.
       ``(i) Effective Date.--The Secretary may not make an award 
     under this section prior to January 1, 2010.

     ``SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION 
                   TECHNOLOGY INTO CLINICAL EDUCATION.

       ``(a) In General.--The Secretary may award grants under 
     this section to carry out demonstration projects to develop 
     academic curricula integrating certified EHR technology in 
     the clinical education of health professionals. Such awards 
     shall be made on a competitive basis and pursuant to peer 
     review.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require;
       ``(2) submit to the Secretary a strategic plan for 
     integrating certified EHR technology in the clinical 
     education of health professionals to reduce medical errors, 
     increase access to prevention, reduce chronic diseases, and 
     enhance health care quality;
       ``(3) be--

[[Page H1345]]

       ``(A) a school of medicine, osteopathic medicine, 
     dentistry, or pharmacy, a graduate program in behavioral or 
     mental health, or any other graduate health professions 
     school;
       ``(B) a graduate school of nursing or physician assistant 
     studies;
       ``(C) a consortium of two or more schools described in 
     subparagraph (A) or (B); or
       ``(D) an institution with a graduate medical education 
     program in medicine, osteopathic medicine, dentistry, 
     pharmacy, nursing, or physician assistance studies;
       ``(4) provide for the collection of data regarding the 
     effectiveness of the demonstration project to be funded under 
     the grant in improving the safety of patients, the efficiency 
     of health care delivery, and in increasing the likelihood 
     that graduates of the grantee will adopt and incorporate 
     certified EHR technology, in the delivery of health care 
     services; and
       ``(5) provide matching funds in accordance with subsection 
     (d).
       ``(c) Use of Funds.--
       ``(1) In general.--With respect to a grant under subsection 
     (a), an eligible entity shall--
       ``(A) use grant funds in collaboration with 2 or more 
     disciplines; and
       ``(B) use grant funds to integrate certified EHR technology 
     into community-based clinical education.
       ``(2) Limitation.--An eligible entity shall not use amounts 
     received under a grant under subsection (a) to purchase 
     hardware, software, or services.
       ``(d) Financial Support.--The Secretary may not provide 
     more than 50 percent of the costs of any activity for which 
     assistance is provided under subsection (a), except in an 
     instance of national economic conditions which would render 
     the cost-share requirement under this subsection detrimental 
     to the program and upon notification to Congress as to the 
     justification to waive the cost-share requirement.
       ``(e) Evaluation.--The Secretary shall take such action as 
     may be necessary to evaluate the projects funded under this 
     section and publish, make available, and disseminate the 
     results of such evaluations on as wide a basis as is 
     practicable.
       ``(f) Reports.--Not later than 1 year after the date of 
     enactment of this title, and annually thereafter, the 
     Secretary shall submit to the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Finance of the 
     Senate, and the Committee on Energy and Commerce of the House 
     of Representatives a report that--
       ``(1) describes the specific projects established under 
     this section; and
       ``(2) contains recommendations for Congress based on the 
     evaluation conducted under subsection (e).

     ``SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS IN HEALTH 
                   CARE.

       ``(a) In General.--The Secretary, in consultation with the 
     Director of the National Science Foundation, shall provide 
     assistance to institutions of higher education (or consortia 
     thereof) to establish or expand medical health informatics 
     education programs, including certification, undergraduate, 
     and masters degree programs, for both health care and 
     information technology students to ensure the rapid and 
     effective utilization and development of health information 
     technologies (in the United States health care 
     infrastructure).
       ``(b) Activities.--Activities for which assistance may be 
     provided under subsection (a) may include the following:
       ``(1) Developing and revising curricula in medical health 
     informatics and related disciplines.
       ``(2) Recruiting and retaining students to the program 
     involved.
       ``(3) Acquiring equipment necessary for student instruction 
     in these programs, including the installation of testbed 
     networks for student use.
       ``(4) Establishing or enhancing bridge programs in the 
     health informatics fields between community colleges and 
     universities.
       ``(c) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give preference to the following:
       ``(1) Existing education and training programs.
       ``(2) Programs designed to be completed in less than six 
     months.

     ``SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS.

       ``(a) Reports.--The Secretary may require that an entity 
     receiving assistance under this subtitle shall submit to the 
     Secretary, not later than the date that is 1 year after the 
     date of receipt of such assistance, a report that includes--
       ``(1) an analysis of the effectiveness of the activities 
     for which the entity receives such assistance, as compared to 
     the goals for such activities; and
       ``(2) an analysis of the impact of the project on health 
     care quality and safety.
       ``(b) Requirement to Improve Quality of Care and Decrease 
     in Costs.--The National Coordinator shall annually evaluate 
     the activities conducted under this subtitle and shall, in 
     awarding grants, implement the lessons learned from such 
     evaluation in a manner so that awards made subsequent to each 
     such evaluation are made in a manner that, in the 
     determination of the National Coordinator, will result in the 
     greatest improvement in the quality and efficiency of health 
     care.

     ``SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS.

       ``For the purposes of carrying out this subtitle, there is 
     authorized to be appropriated such sums as may be necessary 
     for each of the fiscal years 2009 through 2013.''.

                          Subtitle D--Privacy

     SEC. 13400. DEFINITIONS.

       In this subtitle, except as specified otherwise:
       (1) Breach.--
       (A) In general.--The term ``breach'' means the unauthorized 
     acquisition, access, use, or disclosure of protected health 
     information which compromises the security or privacy of such 
     information, except where an unauthorized person to whom such 
     information is disclosed would not reasonably have been able 
     to retain such information.
       (B) Exceptions.--The term ``breach'' does not include--
       (i) any unintentional acquisition, access, or use of 
     protected health information by an employee or individual 
     acting under the authority of a covered entity or business 
     associate if--

       (I) such acquisition, access, or use was made in good faith 
     and within the course and scope of the employment or other 
     professional relationship of such employee or individual, 
     respectively, with the covered entity or business associate; 
     and
       (II) such information is not further acquired, accessed, 
     used, or disclosed by any person; or

       (ii) any inadvertent disclosure from an individual who is 
     otherwise authorized to access protected health information 
     at a facility operated by a covered entity or business 
     associate to another similarly situated individual at same 
     facility; and
       (iii) any such information received as a result of such 
     disclosure is not further acquired, accessed, used, or 
     disclosed without authorization by any person.
       (2) Business associate.--The term ``business associate'' 
     has the meaning given such term in section 160.103 of title 
     45, Code of Federal Regulations.
       (3) Covered entity.--The term ``covered entity'' has the 
     meaning given such term in section 160.103 of title 45, Code 
     of Federal Regulations.
       (4) Disclose.--The terms ``disclose'' and ``disclosure'' 
     have the meaning given the term ``disclosure'' in section 
     160.103 of title 45, Code of Federal Regulations.
       (5) Electronic health record.--The term ``electronic health 
     record'' means an electronic record of health-related 
     information on an individual that is created, gathered, 
     managed, and consulted by authorized health care clinicians 
     and staff.
       (6) Health care operations.--The term ``health care 
     operation'' has the meaning given such term in section 
     164.501 of title 45, Code of Federal Regulations.
       (7) Health care provider.--The term ``health care 
     provider'' has the meaning given such term in section 160.103 
     of title 45, Code of Federal Regulations.
       (8) Health plan.--The term ``health plan'' has the meaning 
     given such term in section 160.103 of title 45, Code of 
     Federal Regulations.
       (9) National coordinator.--The term ``National 
     Coordinator'' means the head of the Office of the National 
     Coordinator for Health Information Technology established 
     under section 3001(a) of the Public Health Service Act, as 
     added by section 13101.
       (10) Payment.--The term ``payment'' has the meaning given 
     such term in section 164.501 of title 45, Code of Federal 
     Regulations.
       (11) Personal health record.--The term ``personal health 
     record'' means an electronic record of PHR identifiable 
     health information (as defined in section 13407(f)(2)) on an 
     individual that can be drawn from multiple sources and that 
     is managed, shared, and controlled by or primarily for the 
     individual.
       (12) Protected health information.--The term ``protected 
     health information'' has the meaning given such term in 
     section 160.103 of title 45, Code of Federal Regulations.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (14) Security.--The term ``security'' has the meaning given 
     such term in section 164.304 of title 45, Code of Federal 
     Regulations.
       (15) State.--The term ``State'' means each of the several 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.
       (16) Treatment.--The term ``treatment'' has the meaning 
     given such term in section 164.501 of title 45, Code of 
     Federal Regulations.
       (17) Use.--The term ``use'' has the meaning given such term 
     in section 160.103 of title 45, Code of Federal Regulations.
       (18) Vendor of personal health records.--The term ``vendor 
     of personal health records'' means an entity, other than a 
     covered entity (as defined in paragraph (3)), that offers or 
     maintains a personal health record.

      PART 1--IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS

     SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES 
                   TO BUSINESS ASSOCIATES OF COVERED ENTITIES; 
                   ANNUAL GUIDANCE ON SECURITY PROVISIONS.

       (a) Application of Security Provisions.--Sections 164.308, 
     164.310, 164.312, and 164.316 of title 45, Code of Federal 
     Regulations, shall apply to a business associate of a covered 
     entity in the same manner that such sections apply to the 
     covered entity. The additional requirements of this title 
     that relate to security and that are made applicable with 
     respect to covered entities shall also be applicable to such 
     a business associate and shall be incorporated into the 
     business associate agreement between the business associate 
     and the covered entity.
       (b) Application of Civil and Criminal Penalties.--In the 
     case of a business associate that violates any security 
     provision specified in subsection (a), sections 1176 and 1177 
     of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6) shall 
     apply to the business associate with respect to such 
     violation in the same manner such sections apply to a covered 
     entity that violates such security provision.
       (c) Annual Guidance.--For the first year beginning after 
     the date of the enactment of this Act and annually 
     thereafter, the Secretary of Health and Human Services shall, 
     after consultation with stakeholders, annually issue guidance 
     on the most effective and appropriate

[[Page H1346]]

     technical safeguards for use in carrying out the sections 
     referred to in subsection (a) and the security standards in 
     subpart C of part 164 of title 45, Code of Federal 
     Regulations, including the use of standards developed under 
     section 3002(b)(2)(B)(vi) of the Public Health Service Act, 
     as added by section 13101 of this Act, as such provisions are 
     in effect as of the date before the enactment of this Act.

     SEC. 13402. NOTIFICATION IN THE CASE OF BREACH.

       (a) In General.--A covered entity that accesses, maintains, 
     retains, modifies, records, stores, destroys, or otherwise 
     holds, uses, or discloses unsecured protected health 
     information (as defined in subsection (h)(1)) shall, in the 
     case of a breach of such information that is discovered by 
     the covered entity, notify each individual whose unsecured 
     protected health information has been, or is reasonably 
     believed by the covered entity to have been, accessed, 
     acquired, or disclosed as a result of such breach.
       (b) Notification of Covered Entity by Business Associate.--
     A business associate of a covered entity that accesses, 
     maintains, retains, modifies, records, stores, destroys, or 
     otherwise holds, uses, or discloses unsecured protected 
     health information shall, following the discovery of a breach 
     of such information, notify the covered entity of such 
     breach. Such notice shall include the identification of each 
     individual whose unsecured protected health information has 
     been, or is reasonably believed by the business associate to 
     have been, accessed, acquired, or disclosed during such 
     breach.
       (c) Breaches Treated as Discovered.--For purposes of this 
     section, a breach shall be treated as discovered by a covered 
     entity or by a business associate as of the first day on 
     which such breach is known to such entity or associate, 
     respectively, (including any person, other than the 
     individual committing the breach, that is an employee, 
     officer, or other agent of such entity or associate, 
     respectively) or should reasonably have been known to such 
     entity or associate (or person) to have occurred.
       (d) Timeliness of Notification.--
       (1) In general.--Subject to subsection (g), all 
     notifications required under this section shall be made 
     without unreasonable delay and in no case later than 60 
     calendar days after the discovery of a breach by the covered 
     entity involved (or business associate involved in the case 
     of a notification required under subsection (b)).
       (2) Burden of proof.--The covered entity involved (or 
     business associate involved in the case of a notification 
     required under subsection (b)), shall have the burden of 
     demonstrating that all notifications were made as required 
     under this part, including evidence demonstrating the 
     necessity of any delay.
       (e) Methods of Notice.--
       (1) Individual notice.--Notice required under this section 
     to be provided to an individual, with respect to a breach, 
     shall be provided promptly and in the following form:
       (A) Written notification by first-class mail to the 
     individual (or the next of kin of the individual if the 
     individual is deceased) at the last known address of the 
     individual or the next of kin, respectively, or, if specified 
     as a preference by the individual, by electronic mail. The 
     notification may be provided in one or more mailings as 
     information is available.
       (B) In the case in which there is insufficient, or out-of-
     date contact information (including a phone number, email 
     address, or any other form of appropriate communication) that 
     precludes direct written (or, if specified by the individual 
     under subparagraph (A), electronic) notification to the 
     individual, a substitute form of notice shall be provided, 
     including, in the case that there are 10 or more individuals 
     for which there is insufficient or out-of-date contact 
     information, a conspicuous posting for a period determined by 
     the Secretary on the home page of the Web site of the covered 
     entity involved or notice in major print or broadcast media, 
     including major media in geographic areas where the 
     individuals affected by the breach likely reside. Such a 
     notice in media or web posting will include a toll-free phone 
     number where an individual can learn whether or not the 
     individual's unsecured protected health information is 
     possibly included in the breach.
       (C) In any case deemed by the covered entity involved to 
     require urgency because of possible imminent misuse of 
     unsecured protected health information, the covered entity, 
     in addition to notice provided under subparagraph (A), may 
     provide information to individuals by telephone or other 
     means, as appropriate.
       (2) Media notice.--Notice shall be provided to prominent 
     media outlets serving a State or jurisdiction, following the 
     discovery of a breach described in subsection (a), if the 
     unsecured protected health information of more than 500 
     residents of such State or jurisdiction is, or is reasonably 
     believed to have been, accessed, acquired, or disclosed 
     during such breach.
       (3) Notice to secretary.--Notice shall be provided to the 
     Secretary by covered entities of unsecured protected health 
     information that has been acquired or disclosed in a breach. 
     If the breach was with respect to 500 or more individuals 
     than such notice must be provided immediately. If the breach 
     was with respect to less than 500 individuals, the covered 
     entity may maintain a log of any such breach occurring and 
     annually submit such a log to the Secretary documenting such 
     breaches occurring during the year involved.
       (4) Posting on hhs public website.--The Secretary shall 
     make available to the public on the Internet website of the 
     Department of Health and Human Services a list that 
     identifies each covered entity involved in a breach described 
     in subsection (a) in which the unsecured protected health 
     information of more than 500 individuals is acquired or 
     disclosed.
       (f) Content of Notification.--Regardless of the method by 
     which notice is provided to individuals under this section, 
     notice of a breach shall include, to the extent possible, the 
     following:
       (1) A brief description of what happened, including the 
     date of the breach and the date of the discovery of the 
     breach, if known.
       (2) A description of the types of unsecured protected 
     health information that were involved in the breach (such as 
     full name, Social Security number, date of birth, home 
     address, account number, or disability code).
       (3) The steps individuals should take to protect themselves 
     from potential harm resulting from the breach.
       (4) A brief description of what the covered entity involved 
     is doing to investigate the breach, to mitigate losses, and 
     to protect against any further breaches.
       (5) Contact procedures for individuals to ask questions or 
     learn additional information, which shall include a toll-free 
     telephone number, an e-mail address, Web site, or postal 
     address.
       (g) Delay of Notification Authorized for Law Enforcement 
     Purposes.--If a law enforcement official determines that a 
     notification, notice, or posting required under this section 
     would impede a criminal investigation or cause damage to 
     national security, such notification, notice, or posting 
     shall be delayed in the same manner as provided under section 
     164.528(a)(2) of title 45, Code of Federal Regulations, in 
     the case of a disclosure covered under such section.
       (h) Unsecured Protected Health Information.--
       (1) Definition.--
       (A) In general.--Subject to subparagraph (B), for purposes 
     of this section, the term ``unsecured protected health 
     information'' means protected health information that is not 
     secured through the use of a technology or methodology 
     specified by the Secretary in the guidance issued under 
     paragraph (2).
       (B) Exception in case timely guidance not issued.--In the 
     case that the Secretary does not issue guidance under 
     paragraph (2) by the date specified in such paragraph, for 
     purposes of this section, the term ``unsecured protected 
     health information'' shall mean protected health information 
     that is not secured by a technology standard that renders 
     protected health information unusable, unreadable, or 
     indecipherable to unauthorized individuals and is developed 
     or endorsed by a standards developing organization that is 
     accredited by the American National Standards Institute.
       (2) Guidance.--For purposes of paragraph (1) and section 
     13407(f)(3), not later than the date that is 60 days after 
     the date of the enactment of this Act, the Secretary shall, 
     after consultation with stakeholders, issue (and annually 
     update) guidance specifying the technologies and 
     methodologies that render protected health information 
     unusable, unreadable, or indecipherable to unauthorized 
     individuals, including the use of standards developed under 
     section 3002(b)(2)(B)(vi) of the Public Health Service Act, 
     as added by section 13101 of this Act.
       (i) Report to Congress on Breaches.--
       (1) In general.--Not later than 12 months after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary shall prepare and submit to the Committee on 
     Finance and the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Ways and Means 
     and the Committee on Energy and Commerce of the House of 
     Representatives a report containing the information described 
     in paragraph (2) regarding breaches for which notice was 
     provided to the Secretary under subsection (e)(3).
       (2) Information.--The information described in this 
     paragraph regarding breaches specified in paragraph (1) shall 
     include--
       (A) the number and nature of such breaches; and
       (B) actions taken in response to such breaches.
       (j) Regulations; Effective Date.--To carry out this 
     section, the Secretary of Health and Human Services shall 
     promulgate interim final regulations by not later than the 
     date that is 180 days after the date of the enactment of this 
     title. The provisions of this section shall apply to breaches 
     that are discovered on or after the date that is 30 days 
     after the date of publication of such interim final 
     regulations.

     SEC. 13403. EDUCATION ON HEALTH INFORMATION PRIVACY.

       (a) Regional Office Privacy Advisors.--Not later than 6 
     months after the date of the enactment of this Act, the 
     Secretary shall designate an individual in each regional 
     office of the Department of Health and Human Services to 
     offer guidance and education to covered entities, business 
     associates, and individuals on their rights and 
     responsibilities related to Federal privacy and security 
     requirements for protected health information.
       (b) Education Initiative on Uses of Health Information.--
     Not later than 12 months after the date of the enactment of 
     this Act, the Office for Civil Rights within the Department 
     of Health and Human Services shall develop and maintain a 
     multi-faceted national education initiative to enhance public 
     transparency regarding the uses of protected health 
     information, including programs to educate individuals about 
     the potential uses of their protected health information, the 
     effects of such uses, and the rights of individuals with 
     respect to such uses. Such programs shall be conducted in a 
     variety of languages and present information in a clear and 
     understandable manner.

     SEC. 13404. APPLICATION OF PRIVACY PROVISIONS AND PENALTIES 
                   TO BUSINESS ASSOCIATES OF COVERED ENTITIES.

       (a) Application of Contract Requirements.--In the case of a 
     business associate of a covered entity that obtains or 
     creates protected health information pursuant to a written 
     contract (or other written arrangement) described

[[Page H1347]]

     in section 164.502(e)(2) of title 45, Code of Federal 
     Regulations, with such covered entity, the business associate 
     may use and disclose such protected health information only 
     if such use or disclosure, respectively, is in compliance 
     with each applicable requirement of section 164.504(e) of 
     such title. The additional requirements of this subtitle that 
     relate to privacy and that are made applicable with respect 
     to covered entities shall also be applicable to such a 
     business associate and shall be incorporated into the 
     business associate agreement between the business associate 
     and the covered entity.
       (b) Application of Knowledge Elements Associated With 
     Contracts.--Section 164.504(e)(1)(ii) of title 45, Code of 
     Federal Regulations, shall apply to a business associate 
     described in subsection (a), with respect to compliance with 
     such subsection, in the same manner that such section applies 
     to a covered entity, with respect to compliance with the 
     standards in sections 164.502(e) and 164.504(e) of such 
     title, except that in applying such section 164.504(e)(1)(ii) 
     each reference to the business associate, with respect to a 
     contract, shall be treated as a reference to the covered 
     entity involved in such contract.
       (c) Application of Civil and Criminal Penalties.--In the 
     case of a business associate that violates any provision of 
     subsection (a) or (b), the provisions of sections 1176 and 
     1177 of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6) 
     shall apply to the business associate with respect to such 
     violation in the same manner as such provisions apply to a 
     person who violates a provision of part C of title XI of such 
     Act.

     SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND SALES OF 
                   HEALTH INFORMATION; ACCOUNTING OF CERTAIN 
                   PROTECTED HEALTH INFORMATION DISCLOSURES; 
                   ACCESS TO CERTAIN INFORMATION IN ELECTRONIC 
                   FORMAT.

       (a) Requested Restrictions on Certain Disclosures of Health 
     Information.--In the case that an individual requests under 
     paragraph (a)(1)(i)(A) of section 164.522 of title 45, Code 
     of Federal Regulations, that a covered entity restrict the 
     disclosure of the protected health information of the 
     individual, notwithstanding paragraph (a)(1)(ii) of such 
     section, the covered entity must comply with the requested 
     restriction if--
       (1) except as otherwise required by law, the disclosure is 
     to a health plan for purposes of carrying out payment or 
     health care operations (and is not for purposes of carrying 
     out treatment); and
       (2) the protected health information pertains solely to a 
     health care item or service for which the health care 
     provider involved has been paid out of pocket in full.
       (b) Disclosures Required To Be Limited to the Limited Data 
     Set or the Minimum Necessary.--
       (1) In general.--
       (A) In general.--Subject to subparagraph (B), a covered 
     entity shall be treated as being in compliance with section 
     164.502(b)(1) of title 45, Code of Federal Regulations, with 
     respect to the use, disclosure, or request of protected 
     health information described in such section, only if the 
     covered entity limits such protected health information, to 
     the extent practicable, to the limited data set (as defined 
     in section 164.514(e)(2) of such title) or, if needed by such 
     entity, to the minimum necessary to accomplish the intended 
     purpose of such use, disclosure, or request, respectively.
       (B) Guidance.--Not later than 18 months after the date of 
     the enactment of this section, the Secretary shall issue 
     guidance on what constitutes ``minimum necessary'' for 
     purposes of subpart E of part 164 of title 45, Code of 
     Federal Regulation. In issuing such guidance the Secretary 
     shall take into consideration the guidance under section 
     13424(c) and the information necessary to improve patient 
     outcomes and to detect, prevent, and manage chronic disease.
       (C) Sunset.--Subparagraph (A) shall not apply on and after 
     the effective date on which the Secretary issues the guidance 
     under subparagraph (B).
       (2) Determination of minimum necessary.--For purposes of 
     paragraph (1), in the case of the disclosure of protected 
     health information, the covered entity or business associate 
     disclosing such information shall determine what constitutes 
     the minimum necessary to accomplish the intended purpose of 
     such disclosure.
       (3) Application of exceptions.--The exceptions described in 
     section 164.502(b)(2) of title 45, Code of Federal 
     Regulations, shall apply to the requirement under paragraph 
     (1) as of the effective date described in section 13423 in 
     the same manner that such exceptions apply to section 
     164.502(b)(1) of such title before such date.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed as affecting the use, disclosure, or request of 
     protected health information that has been de-identified.
       (c) Accounting of Certain Protected Health Information 
     Disclosures Required if Covered Entity Uses Electronic Health 
     Record.--
       ``(1) In general.--In applying section 164.528 of title 45, 
     Code of Federal Regulations, in the case that a covered 
     entity uses or maintains an electronic health record with 
     respect to protected health information--
       ``(A) the exception under paragraph (a)(1)(i) of such 
     section shall not apply to disclosures through an electronic 
     health record made by such entity of such information; and
       ``(B) an individual shall have a right to receive an 
     accounting of disclosures described in such paragraph of such 
     information made by such covered entity during only the three 
     years prior to the date on which the accounting is requested.
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations on what information shall be collected about each 
     disclosure referred to in paragraph (1), not later than 6 
     months after the date on which the Secretary adopts standards 
     on accounting for disclosure described in the section 
     3002(b)(2)(B)(iv) of the Public Health Service Act, as added 
     by section 13101. Such regulations shall only require such 
     information to be collected through an electronic health 
     record in a manner that takes into account the interests of 
     the individuals in learning the circumstances under which 
     their protected health information is being disclosed and 
     takes into account the administrative burden of accounting 
     for such disclosures.
       ``(3) Process.--In response to an request from an 
     individual for an accounting, a covered entity shall elect to 
     provide either an--
       ``(A) accounting, as specified under paragraph (1), for 
     disclosures of protected health information that are made by 
     such covered entity and by a business associate acting on 
     behalf of the covered entity; or
       ``(B) accounting, as specified under paragraph (1), for 
     disclosures that are made by such covered entity and provide 
     a list of all business associates acting on behalf of the 
     covered entity, including contact information for such 
     associates (such as mailing address, phone, and email 
     address).
     A business associate included on a list under subparagraph 
     (B) shall provide an accounting of disclosures (as required 
     under paragraph (1) for a covered entity) made by the 
     business associate upon a request made by an individual 
     directly to the business associate for such an accounting.
       ``(4) Effective date.--
       ``(A) Current users of electronic records.--In the case of 
     a covered entity insofar as it acquired an electronic health 
     record as of January 1, 2009, paragraph (1) shall apply to 
     disclosures, with respect to protected health information, 
     made by the covered entity from such a record on and after 
     January 1, 2014.
       ``(B) Others.--In the case of a covered entity insofar as 
     it acquires an electronic health record after January 1, 
     2009, paragraph (1) shall apply to disclosures, with respect 
     to protected health information, made by the covered entity 
     from such record on and after the later of the following:
       ``(i) January 1, 2011; or
       ``(ii) the date that it acquires an electronic health 
     record.
       ``(C) Later date.--The Secretary may set an effective date 
     that is later that the date specified under subparagraph (A) 
     or (B) if the Secretary determines that such later date is 
     necessary, but in no case may the date specified under--
       ``(i) subparagraph (A) be later than 2016; or
       ``(ii) subparagraph (B) be later than 2013.''
       (d) Prohibition on Sale of Electronic Health Records or 
     Protected Health Information.--
       (1) In general.--Except as provided in paragraph (2), a 
     covered entity or business associate shall not directly or 
     indirectly receive remuneration in exchange for any protected 
     health information of an individual unless the covered entity 
     obtained from the individual, in accordance with section 
     164.508 of title 45, Code of Federal Regulations, a valid 
     authorization that includes, in accordance with such section, 
     a specification of whether the protected health information 
     can be further exchanged for remuneration by the entity 
     receiving protected health information of that individual.
       (2) Exceptions.--Paragraph (1) shall not apply in the 
     following cases:
       (A) The purpose of the exchange is for public health 
     activities (as described in section 164.512(b) of title 45, 
     Code of Federal Regulations).
       (B) The purpose of the exchange is for research (as 
     described in sections 164.501 and 164.512(i) of title 45, 
     Code of Federal Regulations) and the price charged reflects 
     the costs of preparation and transmittal of the data for such 
     purpose.
       (C) The purpose of the exchange is for the treatment of the 
     individual, subject to any regulation that the Secretary may 
     promulgate to prevent protected health information from 
     inappropriate access, use, or disclosure.
       (D) The purpose of the exchange is the health care 
     operation specifically described in subparagraph (iv) of 
     paragraph (6) of the definition of healthcare operations in 
     section 164.501 of title 45, Code of Federal Regulations.
       (E) The purpose of the exchange is for remuneration that is 
     provided by a covered entity to a business associate for 
     activities involving the exchange of protected health 
     information that the business associate undertakes on behalf 
     of and at the specific request of the covered entity pursuant 
     to a business associate agreement.
       (F) The purpose of the exchange is to provide an individual 
     with a copy of the individual's protected health information 
     pursuant to section 164.524 of title 45, Code of Federal 
     Regulations.
       (G) The purpose of the exchange is otherwise determined by 
     the Secretary in regulations to be similarly necessary and 
     appropriate as the exceptions provided in subparagraphs (A) 
     through (F).
       (3) Regulations.--Not later than 18 months after the date 
     of enactment of this title, the Secretary shall promulgate 
     regulations to carry out this subsection. In promulgating 
     such regulations, the Secretary--
       (A) shall evaluate the impact of restricting the exception 
     described in paragraph (2)(A) to require that the price 
     charged for the purposes described in such paragraph reflects 
     the costs of the preparation and transmittal of the data for 
     such purpose, on research or public health activities, 
     including those conducted by or for the use of the Food and 
     Drug Administration; and
       (B) may further restrict the exception described in 
     paragraph (2)(A) to require that the price charged for the 
     purposes described in such paragraph reflects the costs of 
     the preparation and transmittal of the data for such purpose, 
     if

[[Page H1348]]

     the Secretary finds that such further restriction will not 
     impede such research or public health activities.
       (4) Effective date.--Paragraph (1) shall apply to exchanges 
     occurring on or after the date that is 6 months after the 
     date of the promulgation of final regulations implementing 
     this subsection.
       (e) Access to Certain Information in Electronic Format.--In 
     applying section 164.524 of title 45, Code of Federal 
     Regulations, in the case that a covered entity uses or 
     maintains an electronic health record with respect to 
     protected health information of an individual--
       (1) the individual shall have a right to obtain from such 
     covered entity a copy of such information in an electronic 
     format and, if the individual chooses, to direct the covered 
     entity to transmit such copy directly to an entity or person 
     designated by the individual, provided that any such choice 
     is clear, conspicuous, and specific; and
       (2) notwithstanding paragraph (c)(4) of such section, any 
     fee that the covered entity may impose for providing such 
     individual with a copy of such information (or a summary or 
     explanation of such information) if such copy (or summary or 
     explanation) is in an electronic form shall not be greater 
     than the entity's labor costs in responding to the request 
     for the copy (or summary or explanation).

     SEC. 13406. CONDITIONS ON CERTAIN CONTACTS AS PART OF HEALTH 
                   CARE OPERATIONS.

       (a) Marketing.--
       (1) In general.--A communication by a covered entity or 
     business associate that is about a product or service and 
     that encourages recipients of the communication to purchase 
     or use the product or service shall not be considered a 
     health care operation for purposes of subpart E of part 164 
     of title 45, Code of Federal Regulations, unless the 
     communication is made as described in subparagraph (i), (ii), 
     or (iii) of paragraph (1) of the definition of marketing in 
     section 164.501 of such title.
       (2) Payment for certain communications.--A communication by 
     a covered entity or business associate that is described in 
     subparagraph (i), (ii), or (iii) of paragraph (1) of the 
     definition of marketing in section 164.501 of title 45, Code 
     of Federal Regulations, shall not be considered a health care 
     operation for purposes of subpart E of part 164 of title 45, 
     Code of Federal Regulations if the covered entity receives or 
     has received direct or indirect payment in exchange for 
     making such communication, except where--
       (A)(i) such communication describes only a drug or biologic 
     that is currently being prescribed for the recipient of the 
     communication; and
       (ii) any payment received by such covered entity in 
     exchange for making a communication described in clause (i) 
     is reasonable in amount;
       (B) each of the following conditions apply--
       (i) the communication is made by the covered entity; and
       (ii) the covered entity making such communication obtains 
     from the recipient of the communication, in accordance with 
     section 164.508 of title 45, Code of Federal Regulations, a 
     valid authorization (as described in paragraph (b) of such 
     section) with respect to such communication; or
       (C) each of the following conditions apply--
       (i) the communication is made by a business associate on 
     behalf of the covered entity; and
       (ii) the communication is consistent with the written 
     contract (or other written arrangement described in section 
     164.502(e)(2) of such title) between such business associate 
     and covered entity.
       (3) Reasonable in amount defined.--For purposes of 
     paragraph (2), the term ``reasonable in amount'' shall have 
     the meaning given such term by the Secretary by regulation.
       (4) Direct or indirect payment.--For purposes of paragraph 
     (2), the term ``direct or indirect payment'' shall not 
     include any payment for treatment (as defined in section 
     164.501 of title 45, Code of Federal Regulations) of an 
     individual.
       (b) Opportunity to Opt Out of Fundraising.--The Secretary 
     shall by rule provide that any written fundraising 
     communication that is a healthcare operation as defined under 
     section 164.501 of title 45, Code of Federal Regulations, 
     shall, in a clear and conspicuous manner, provide an 
     opportunity for the recipient of the communications to elect 
     not to receive any further such communication. When an 
     individual elects not to receive any further such 
     communication, such election shall be treated as a revocation 
     of authorization under section 164.508 of title 45, Code of 
     Federal Regulations.
       (c) Effective Date.--This section shall apply to written 
     communications occurring on or after the effective date 
     specified under section 13423.

     SEC. 13407. TEMPORARY BREACH NOTIFICATION REQUIREMENT FOR 
                   VENDORS OF PERSONAL HEALTH RECORDS AND OTHER 
                   NON-HIPAA COVERED ENTITIES.

       (a) In General.--In accordance with subsection (c), each 
     vendor of personal health records, following the discovery of 
     a breach of security of unsecured PHR identifiable health 
     information that is in a personal health record maintained or 
     offered by such vendor, and each entity described in clause 
     (ii), (iii), or (iv) of section 13424(b)(1)(A), following the 
     discovery of a breach of security of such information that is 
     obtained through a product or service provided by such 
     entity, shall--
       (1) notify each individual who is a citizen or resident of 
     the United States whose unsecured PHR identifiable health 
     information was acquired by an unauthorized person as a 
     result of such a breach of security; and
       (2) notify the Federal Trade Commission.
       (b) Notification by Third Party Service Providers.--A third 
     party service provider that provides services to a vendor of 
     personal health records or to an entity described in clause 
     (ii), (iii). or (iv) of section 13424(b)(1)(A) in connection 
     with the offering or maintenance of a personal health record 
     or a related product or service and that accesses, maintains, 
     retains, modifies, records, stores, destroys, or otherwise 
     holds, uses, or discloses unsecured PHR identifiable health 
     information in such a record as a result of such services 
     shall, following the discovery of a breach of security of 
     such information, notify such vendor or entity, respectively, 
     of such breach. Such notice shall include the identification 
     of each individual whose unsecured PHR identifiable health 
     information has been, or is reasonably believed to have been, 
     accessed, acquired, or disclosed during such breach.
       (c) Application of Requirements for Timeliness, Method, and 
     Content of Notifications.--Subsections (c), (d), (e), and (f) 
     of section 13402 shall apply to a notification required under 
     subsection (a) and a vendor of personal health records, an 
     entity described in subsection (a) and a third party service 
     provider described in subsection (b), with respect to a 
     breach of security under subsection (a) of unsecured PHR 
     identifiable health information in such records maintained or 
     offered by such vendor, in a manner specified by the Federal 
     Trade Commission.
       (d) Notification of the Secretary.--Upon receipt of a 
     notification of a breach of security under subsection (a)(2), 
     the Federal Trade Commission shall notify the Secretary of 
     such breach.
       (e) Enforcement.--A violation of subsection (a) or (b) 
     shall be treated as an unfair and deceptive act or practice 
     in violation of a regulation under section 18(a)(1)(B) of the 
     Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) 
     regarding unfair or deceptive acts or practices.
       (f) Definitions.--For purposes of this section:
       (1) Breach of security.--The term ``breach of security'' 
     means, with respect to unsecured PHR identifiable health 
     information of an individual in a personal health record, 
     acquisition of such information without the authorization of 
     the individual.
       (2) PHR identifiable health information.--The term ``PHR 
     identifiable health information'' means individually 
     identifiable health information, as defined in section 
     1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), and 
     includes, with respect to an individual, information--
       (A) that is provided by or on behalf of the individual; and
       (B) that identifies the individual or with respect to which 
     there is a reasonable basis to believe that the information 
     can be used to identify the individual.
       (3) Unsecured phr identifiable health information.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``unsecured PHR identifiable health information'' means PHR 
     identifiable health information that is not protected through 
     the use of a technology or methodology specified by the 
     Secretary in the guidance issued under section 13402(h)(2).
       (B) Exception in case timely guidance not issued.--In the 
     case that the Secretary does not issue guidance under section 
     13402(h)(2) by the date specified in such section, for 
     purposes of this section, the term ``unsecured PHR 
     identifiable health information'' shall mean PHR identifiable 
     health information that is not secured by a technology 
     standard that renders protected health information unusable, 
     unreadable, or indecipherable to unauthorized individuals and 
     that is developed or endorsed by a standards developing 
     organization that is accredited by the American National 
     Standards Institute.
       (g) Regulations; Effective Date; Sunset.--
       (1) Regulations; effective date.--To carry out this 
     section, the Federal Trade Commission shall promulgate 
     interim final regulations by not later than the date that is 
     180 days after the date of the enactment of this section. The 
     provisions of this section shall apply to breaches of 
     security that are discovered on or after the date that is 30 
     days after the date of publication of such interim final 
     regulations.
       (2) Sunset.--If Congress enacts new legislation 
     establishing requirements for notification in the case of a 
     breach of security, that apply to entities that are not 
     covered entities or business associates, the provisions of 
     this section shall not apply to breaches of security 
     discovered on or after the effective date of regulations 
     implementing such legislation.

     SEC. 13408. BUSINESS ASSOCIATE CONTRACTS REQUIRED FOR CERTAIN 
                   ENTITIES.

       Each organization, with respect to a covered entity, that 
     provides data transmission of protected health information to 
     such entity (or its business associate) and that requires 
     access on a routine basis to such protected health 
     information, such as a Health Information Exchange 
     Organization, Regional Health Information Organization, E-
     prescribing Gateway, or each vendor that contracts with a 
     covered entity to allow that covered entity to offer a 
     personal health record to patients as part of its electronic 
     health record, is required to enter into a written contract 
     (or other written arrangement) described in section 
     164.502(e)(2) of title 45, Code of Federal Regulations and a 
     written contract (or other arrangement) described in section 
     164.308(b) of such title, with such entity and shall be 
     treated as a business associate of the covered entity for 
     purposes of the provisions of this subtitle and subparts C 
     and E of part 164 of title 45, Code of Federal Regulations, 
     as such provisions are in effect as of the date of enactment 
     of this title.

     SEC. 13409. CLARIFICATION OF APPLICATION OF WRONGFUL 
                   DISCLOSURES CRIMINAL PENALTIES.

       Section 1177(a) of the Social Security Act (42 U.S.C. 
     1320d-6(a)) is amended by adding at the end the following new 
     sentence: ``For purposes of the previous sentence, a person 
     (including an

[[Page H1349]]

     employee or other individual) shall be considered to have 
     obtained or disclosed individually identifiable health 
     information in violation of this part if the information is 
     maintained by a covered entity (as defined in the HIPAA 
     privacy regulation described in section 1180(b)(3)) and the 
     individual obtained or disclosed such information without 
     authorization.''.

     SEC. 13410. IMPROVED ENFORCEMENT.

       (a) In General.--
       (1) Noncompliance due to willful neglect.--Section 1176 of 
     the Social Security Act (42 U.S.C. 1320d-5) is amended--
       (A) in subsection (b)(1), by striking ``the act constitutes 
     an offense punishable under section 1177'' and inserting ``a 
     penalty has been imposed under section 1177 with respect to 
     such act''; and
       (B) by adding at the end the following new subsection:
       ``(c) Noncompliance Due to Willful Neglect.--
       ``(1) In general.--A violation of a provision of this part 
     due to willful neglect is a violation for which the Secretary 
     is required to impose a penalty under subsection (a)(1).
       ``(2) Required investigation.--For purposes of paragraph 
     (1), the Secretary shall formally investigate any complaint 
     of a violation of a provision of this part if a preliminary 
     investigation of the facts of the complaint indicate such a 
     possible violation due to willful neglect.''.
       (2) Enforcement under social security act.--Any violation 
     by a covered entity under thus subtitle is subject to 
     enforcement and penalties under section 1176 and 1177 of the 
     Social Security Act.
       (b) Effective Date; Regulations.--
       (1) The amendments made by subsection (a) shall apply to 
     penalties imposed on or after the date that is 24 months 
     after the date of the enactment of this title.
       (2) Not later than 18 months after the date of the 
     enactment of this title, the Secretary of Health and Human 
     Services shall promulgate regulations to implement such 
     amendments.
       (c) Distribution of Certain Civil Monetary Penalties 
     Collected.--
       (1) In general.--Subject to the regulation promulgated 
     pursuant to paragraph (3), any civil monetary penalty or 
     monetary settlement collected with respect to an offense 
     punishable under this subtitle or section 1176 of the Social 
     Security Act (42 U.S.C. 1320d-5) insofar as such section 
     relates to privacy or security shall be transferred to the 
     Office for Civil Rights of the Department of Health and Human 
     Services to be used for purposes of enforcing the provisions 
     of this subtitle and subparts C and E of part 164 of title 
     45, Code of Federal Regulations, as such provisions are in 
     effect as of the date of enactment of this Act.
       (2) GAO report.--Not later than 18 months after the date of 
     the enactment of this title, the Comptroller General shall 
     submit to the Secretary a report including recommendations 
     for a methodology under which an individual who is harmed by 
     an act that constitutes an offense referred to in paragraph 
     (1) may receive a percentage of any civil monetary penalty or 
     monetary settlement collected with respect to such offense.
       (3) Establishment of methodology to distribute percentage 
     of cmps collected to harmed individuals.--Not later than 3 
     years after the date of the enactment of this title, the 
     Secretary shall establish by regulation and based on the 
     recommendations submitted under paragraph (2), a methodology 
     under which an individual who is harmed by an act that 
     constitutes an offense referred to in paragraph (1) may 
     receive a percentage of any civil monetary penalty or 
     monetary settlement collected with respect to such offense.
       (4) Application of methodology.--The methodology under 
     paragraph (3) shall be applied with respect to civil monetary 
     penalties or monetary settlements imposed on or after the 
     effective date of the regulation.
       (d) Tiered Increase in Amount of Civil Monetary 
     Penalties.--
       (1) In general.--Section 1176(a)(1) of the Social Security 
     Act (42 U.S.C. 1320d-5(a)(1)) is amended by striking ``who 
     violates a provision of this part a penalty of not more 
     than'' and all that follows and inserting the following: 
     ``who violates a provision of this part--
       ``(A) in the case of a violation of such provision in which 
     it is established that the person did not know (and by 
     exercising reasonable diligence would not have known) that 
     such person violated such provision, a penalty for each such 
     violation of an amount that is at least the amount described 
     in paragraph (3)(A) but not to exceed the amount described in 
     paragraph (3)(D);
       ``(B) in the case of a violation of such provision in which 
     it is established that the violation was due to reasonable 
     cause and not to willful neglect, a penalty for each such 
     violation of an amount that is at least the amount described 
     in paragraph (3)(B) but not to exceed the amount described in 
     paragraph (3)(D); and
       ``(C) in the case of a violation of such provision in which 
     it is established that the violation was due to willful 
     neglect--
       ``(i) if the violation is corrected as described in 
     subsection (b)(3)(A), a penalty in an amount that is at least 
     the amount described in paragraph (3)(C) but not to exceed 
     the amount described in paragraph (3)(D); and
       ``(ii) if the violation is not corrected as described in 
     such subsection, a penalty in an amount that is at least the 
     amount described in paragraph (3)(D).
     In determining the amount of a penalty under this section for 
     a violation, the Secretary shall base such determination on 
     the nature and extent of the violation and the nature and 
     extent of the harm resulting from such violation.''.
       (2) Tiers of penalties described.--Section 1176(a) of such 
     Act (42 U.S.C. 1320d-5(a)) is further amended by adding at 
     the end the following new paragraph:
       ``(3) Tiers of penalties described.--For purposes of 
     paragraph (1), with respect to a violation by a person of a 
     provision of this part--
       ``(A) the amount described in this subparagraph is $100 for 
     each such violation, except that the total amount imposed on 
     the person for all such violations of an identical 
     requirement or prohibition during a calendar year may not 
     exceed $25,000;
       ``(B) the amount described in this subparagraph is $1,000 
     for each such violation, except that the total amount imposed 
     on the person for all such violations of an identical 
     requirement or prohibition during a calendar year may not 
     exceed $100,000;
       ``(C) the amount described in this subparagraph is $10,000 
     for each such violation, except that the total amount imposed 
     on the person for all such violations of an identical 
     requirement or prohibition during a calendar year may not 
     exceed $250,000; and
       ``(D) the amount described in this subparagraph is $50,000 
     for each such violation, except that the total amount imposed 
     on the person for all such violations of an identical 
     requirement or prohibition during a calendar year may not 
     exceed $1,500,000.''.
       (3) Conforming amendments.--Section 1176(b) of such Act (42 
     U.S.C. 1320d-5(b)) is amended--
       (A) by striking paragraph (2) and redesignating paragraphs 
     (3) and (4) as paragraphs (2) and (3), respectively; and
       (B) in paragraph (2), as so redesignated--
       (i) in subparagraph (A), by striking ``in subparagraph (B), 
     a penalty may not be imposed under subsection (a) if'' and 
     all that follows through ``the failure to comply is 
     corrected'' and inserting ``in subparagraph (B) or subsection 
     (a)(1)(C), a penalty may not be imposed under subsection (a) 
     if the failure to comply is corrected''; and
       (ii) in subparagraph (B), by striking ``(A)(ii)'' and 
     inserting ``(A)'' each place it appears.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to violations occurring after the date of the 
     enactment of this title.
       (e) Enforcement Through State Attorneys General.--
       (1) In general.--Section 1176 of the Social Security Act 
     (42 U.S.C. 1320d-5) is amended by adding at the end the 
     following new subsection:
       ``(d) Enforcement by State Attorneys General.--
       ``(1) Civil action.--Except as provided in subsection (b), 
     in any case in which the attorney general of a State has 
     reason to believe that an interest of one or more of the 
     residents of that State has been or is threatened or 
     adversely affected by any person who violates a provision of 
     this part, the attorney general of the State, as parens 
     patriae, may bring a civil action on behalf of such residents 
     of the State in a district court of the United States of 
     appropriate jurisdiction--
       ``(A) to enjoin further such violation by the defendant; or
       ``(B) to obtain damages on behalf of such residents of the 
     State, in an amount equal to the amount determined under 
     paragraph (2).
       ``(2) Statutory damages.--
       ``(A) In general.--For purposes of paragraph (1)(B), the 
     amount determined under this paragraph is the amount 
     calculated by multiplying the number of violations by up to 
     $100. For purposes of the preceding sentence, in the case of 
     a continuing violation, the number of violations shall be 
     determined consistent with the HIPAA privacy regulations (as 
     defined in section 1180(b)(3)) for violations of subsection 
     (a).
       ``(B) Limitation.--The total amount of damages imposed on 
     the person for all violations of an identical requirement or 
     prohibition during a calendar year may not exceed $25,000.
       ``(C) Reduction of damages.--In assessing damages under 
     subparagraph (A), the court may consider the factors the 
     Secretary may consider in determining the amount of a civil 
     money penalty under subsection (a) under the HIPAA privacy 
     regulations.
       ``(3) Attorney fees.--In the case of any successful action 
     under paragraph (1), the court, in its discretion, may award 
     the costs of the action and reasonable attorney fees to the 
     State.
       ``(4) Notice to secretary.--The State shall serve prior 
     written notice of any action under paragraph (1) upon the 
     Secretary and provide the Secretary with a copy of its 
     complaint, except in any case in which such prior notice is 
     not feasible, in which case the State shall serve such notice 
     immediately upon instituting such action. The Secretary shall 
     have the right--
       ``(A) to intervene in the action;
       ``(B) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(C) to file petitions for appeal.
       ``(5) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this section shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State.
       ``(6) Venue; service of process.--
       ``(A) Venue.--Any action brought under paragraph (1) may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       ``(B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       ``(i) is an inhabitant; or
       ``(ii) maintains a physical place of business.
       ``(7) Limitation on state action while federal action is 
     pending.--If the Secretary has instituted an action against a 
     person under subsection (a) with respect to a specific 
     violation of this part, no State attorney general may bring 
     an action under this subsection against the person with 
     respect to such violation during the pendency of that action.

[[Page H1350]]

       ``(8) Application of cmp statute of limitation.--A civil 
     action may not be instituted with respect to a violation of 
     this part unless an action to impose a civil money penalty 
     may be instituted under subsection (a) with respect to such 
     violation consistent with the second sentence of section 
     1128A(c)(1).''.
       (2) Conforming amendments.--Subsection (b) of such section, 
     as amended by subsection (d)(3), is amended--
       (A) in paragraph (1), by striking ``A penalty may not be 
     imposed under subsection (a)'' and inserting ``No penalty may 
     be imposed under subsection (a) and no damages obtained under 
     subsection (d)'';
       (B) in paragraph (2)(A)--
       (i) after ``subsection (a)(1)(C),'', by striking ``a 
     penalty may not be imposed under subsection (a)'' and 
     inserting ``no penalty may be imposed under subsection (a) 
     and no damages obtained under subsection (d)''; and
       (ii) in clause (ii), by inserting ``or damages'' after 
     ``the penalty'';
       (C) in paragraph (2)(B)(i), by striking ``The period'' and 
     inserting ``With respect to the imposition of a penalty by 
     the Secretary under subsection (a), the period''; and
       (D) in paragraph (3), by inserting ``and any damages under 
     subsection (d)'' after ``any penalty under subsection (a)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to violations occurring after the date of the 
     enactment of this Act.
       (f) Allowing Continued Use of Corrective Action.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(e) Allowing Continued Use of Corrective Action.--Nothing 
     in this section shall be construed as preventing the Office 
     for Civil Rights of the Department of Health and Human 
     Services from continuing, in its discretion, to use 
     corrective action without a penalty in cases where the person 
     did not know (and by exercising reasonable diligence would 
     not have known) of the violation involved.''.

     SEC. 13411. AUDITS.

       The Secretary shall provide for periodic audits to ensure 
     that covered entities and business associates that are 
     subject to the requirements of this subtitle and subparts C 
     and E of part 164 of title 45, Code of Federal Regulations, 
     as such provisions are in effect as of the date of enactment 
     of this Act, comply with such requirements.

 PART 2--RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; EFFECTIVE 
                             DATE; REPORTS

     SEC. 13421. RELATIONSHIP TO OTHER LAWS.

       (a) Application of Hipaa State Preemption.--Section 1178 of 
     the Social Security Act (42 U.S.C. 1320d-7) shall apply to a 
     provision or requirement under this subtitle in the same 
     manner that such section applies to a provision or 
     requirement under part C of title XI of such Act or a 
     standard or implementation specification adopted or 
     established under sections 1172 through 1174 of such Act.
       (b) Health Insurance Portability and Accountability Act.--
     The standards governing the privacy and security of 
     individually identifiable health information promulgated by 
     the Secretary under sections 262(a) and 264 of the Health 
     Insurance Portability and Accountability Act of 1996 shall 
     remain in effect to the extent that they are consistent with 
     this subtitle. The Secretary shall by rule amend such Federal 
     regulations as required to make such regulations consistent 
     with this subtitle.
       (c) Construction.--Nothing in this subtitle shall 
     constitute a waiver of any privilege otherwise applicable to 
     an individual with respect to the protected health 
     information of such individual.

     SEC. 13422. REGULATORY REFERENCES.

       Each reference in this subtitle to a provision of the Code 
     of Federal Regulations refers to such provision as in effect 
     on the date of the enactment of this title (or to the most 
     recent update of such provision).

     SEC. 13423. EFFECTIVE DATE.

       Except as otherwise specifically provided, the provisions 
     of part I shall take effect on the date that is 12 months 
     after the date of the enactment of this title.

     SEC. 13424. STUDIES, REPORTS, GUIDANCE.

       (a) Report on Compliance.--
       (1) In general.--For the first year beginning after the 
     date of the enactment of this Act and annually thereafter, 
     the Secretary shall prepare and submit to the Committee on 
     Health, Education, Labor, and Pensions of the Senate and the 
     Committee on Ways and Means and the Committee on Energy and 
     Commerce of the House of Representatives a report concerning 
     complaints of alleged violations of law, including the 
     provisions of this subtitle as well as the provisions of 
     subparts C and E of part 164 of title 45, Code of Federal 
     Regulations, (as such provisions are in effect as of the date 
     of enactment of this Act) relating to privacy and security of 
     health information that are received by the Secretary during 
     the year for which the report is being prepared. Each such 
     report shall include, with respect to such complaints 
     received during the year--
       (A) the number of such complaints;
       (B) the number of such complaints resolved informally, a 
     summary of the types of such complaints so resolved, and the 
     number of covered entities that received technical assistance 
     from the Secretary during such year in order to achieve 
     compliance with such provisions and the types of such 
     technical assistance provided;
       (C) the number of such complaints that have resulted in the 
     imposition of civil monetary penalties or have been resolved 
     through monetary settlements, including the nature of the 
     complaints involved and the amount paid in each penalty or 
     settlement;
       (D) the number of compliance reviews conducted and the 
     outcome of each such review;
       (E) the number of subpoenas or inquiries issued;
       (F) the Secretary's plan for improving compliance with and 
     enforcement of such provisions for the following year; and
       (G) the number of audits performed and a summary of audit 
     findings pursuant to section 13411.
       (2) Availability to public.--Each report under paragraph 
     (1) shall be made available to the public on the Internet 
     website of the Department of Health and Human Services.
       (b) Study and Report on Application of Privacy and Security 
     Requirements to Non-Hipaa Covered Entities.--
       (1) Study.--Not later than one year after the date of the 
     enactment of this title, the Secretary, in consultation with 
     the Federal Trade Commission, shall conduct a study, and 
     submit a report under paragraph (2), on privacy and security 
     requirements for entities that are not covered entities or 
     business associates as of the date of the enactment of this 
     title, including--
       (A) requirements relating to security, privacy, and 
     notification in the case of a breach of security or privacy 
     (including the applicability of an exemption to notification 
     in the case of individually identifiable health information 
     that has been rendered unusable, unreadable, or 
     indecipherable through technologies or methodologies 
     recognized by appropriate professional organization or 
     standard setting bodies to provide effective security for the 
     information) that should be applied to--
       (i) vendors of personal health records;
       (ii) entities that offer products or services through the 
     website of a vendor of personal health records;
       (iii) entities that are not covered entities and that offer 
     products or services through the websites of covered entities 
     that offer individuals personal health records;
       (iv) entities that are not covered entities and that access 
     information in a personal health record or send information 
     to a personal health record; and
       (v) third party service providers used by a vendor or 
     entity described in clause (i), (ii), (iii), or (iv) to 
     assist in providing personal health record products or 
     services;
       (B) a determination of which Federal government agency is 
     best equipped to enforce such requirements recommended to be 
     applied to such vendors, entities, and service providers 
     under subparagraph (A); and
       (C) a timeframe for implementing regulations based on such 
     findings.
       (2) Report.--The Secretary shall submit to the Committee on 
     Finance, the Committee on Health, Education, Labor, and 
     Pensions, and the Committee on Commerce of the Senate and the 
     Committee on Ways and Means and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     findings of the study under paragraph (1) and shall include 
     in such report recommendations on the privacy and security 
     requirements described in such paragraph.
       (c) Guidance on Implementation Specification to De-Identify 
     Protected Health Information.--Not later than 12 months after 
     the date of the enactment of this title, the Secretary shall, 
     in consultation with stakeholders, issue guidance on how best 
     to implement the requirements for the de-identification of 
     protected health information under section 164.514(b) of 
     title 45, Code of Federal Regulations.
       (d) GAO Report on Treatment Disclosures.--Not later than 
     one year after the date of the enactment of this title, the 
     Comptroller General of the United States shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Ways and Means and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report on the best practices related to the disclosure among 
     health care providers of protected health information of an 
     individual for purposes of treatment of such individual. Such 
     report shall include an examination of the best practices 
     implemented by States and by other entities, such as health 
     information exchanges and regional health information 
     organizations, an examination of the extent to which such 
     best practices are successful with respect to the quality of 
     the resulting health care provided to the individual and with 
     respect to the ability of the health care provider to manage 
     such best practices, and an examination of the use of 
     electronic informed consent for disclosing protected health 
     information for treatment, payment, and health care 
     operations.
       (e) Report Required.--Not later than 5 years after the date 
     of enactment of this section, the Government Accountability 
     Office shall submit to Congress and the Secretary of Health 
     and Human Services a report on the impact of any of the 
     provisions of this Act on health insurance premiums, overall 
     health care costs, adoption of electronic health records by 
     providers, and reduction in medical errors and other quality 
     improvements.
       (f) Study.--The Secretary shall study the definition of 
     ``psychotherapy notes'' in section 164.501 of title 45, Code 
     of Federal Regulations, with regard to including test data 
     that is related to direct responses, scores, items, forms, 
     protocols, manuals, or other materials that are part of a 
     mental health evaluation, as determined by the mental health 
     professional providing treatment or evaluation in such 
     definitions and may, based on such study, issue regulations 
     to revise such definition.

               TITLE XIV--STATE FISCAL STABILIZATION FUND

                        DEPARTMENT OF EDUCATION

                    State Fiscal Stabilization Fund

       For necessary expenses for a State Fiscal Stabilization 
     Fund, $53,600,000,000, which shall be administered by the 
     Department of Education.

[[Page H1351]]

                     GENERAL PROVISIONS--THIS TITLE

     SEC. 14001. ALLOCATIONS.

       (a) Outlying Areas.--From the amount appropriated to carry 
     out this title, the Secretary of Education shall first 
     allocate up to one-half of 1 percent to the outlying areas on 
     the basis of their respective needs, as determined by the 
     Secretary, in consultation with the Secretary of the 
     Interior, for activities consistent with this title under 
     such terms and conditions as the Secretary may determine.
       (b) Administration and Oversight.--The Secretary may, in 
     addition, reserve up to $14,000,000 for administration and 
     oversight of this title, including for program evaluation.
       (c) Reservation for Additional Programs.--After reserving 
     funds under subsections (a) and (b), the Secretary shall 
     reserve $5,000,000,000 for grants under sections 14006 and 
     14007.
       (d) State Allocations.--After carrying out subsections (a), 
     (b), and (c), the Secretary shall allocate the remaining 
     funds made available to carry out this title to the States as 
     follows:
       (1) 61 percent on the basis of their relative population of 
     individuals aged 5 through 24.
       (2) 39 percent on the basis of their relative total 
     population.
       (e) State Grants.--From funds allocated under subsection 
     (d), the Secretary shall make grants to the Governor of each 
     State.
       (f) Reallocation.--The Governor shall return to the 
     Secretary any funds received under subsection (e) that the 
     Governor does not award as subgrants or otherwise commit 
     within two years of receiving such funds, and the Secretary 
     shall reallocate such funds to the remaining States in 
     accordance with subsection (d).

     SEC. 14002. STATE USES OF FUNDS.

       (a) Education Fund.--
       (1) In general.--For each fiscal year, the Governor shall 
     use 81.8 percent of the State's allocation under section 
     14001(d) for the support of elementary, secondary, and 
     postsecondary education and, as applicable, early childhood 
     education programs and services.
       (2) Restoring state support for education.--
       (A) In general.--The Governor shall first use the funds 
     described in paragraph (1)--
       (i) to provide the amount of funds, through the State's 
     primary elementary and secondary funding formulae, that is 
     needed--

       (I) to restore, in each of fiscal years 2009, 2010, and 
     2011, the level of State support provided through such 
     formulae to the greater of the fiscal year 2008 or fiscal 
     year 2009 level; and
       (II) where applicable, to allow existing State formulae 
     increases to support elementary and secondary education for 
     fiscal years 2010 and 2011 to be implemented and allow 
     funding for phasing in State equity and adequacy adjustments, 
     if such increases were enacted pursuant to State law prior to 
     October 1, 2008.

       (ii) to provide, in each of fiscal years 2009, 2010, and 
     2011, the amount of funds to public institutions of higher 
     education in the State that is needed to restore State 
     support for such institutions (excluding tuition and fees 
     paid by students) to the greater of the fiscal year 2008 or 
     fiscal year 2009 level.
       (B) Shortfall.--If the Governor determines that the amount 
     of funds available under paragraph (1) is insufficient to 
     support, in each of fiscal years 2009, 2010, and 2011, public 
     elementary, secondary, and higher education at the levels 
     described in clauses (i) and (ii) of subparagraph (A), the 
     Governor shall allocate those funds between those clauses in 
     proportion to the relative shortfall in State support for the 
     education sectors described in those clauses.
       (C) Fiscal year.--For purposes of this paragraph, the term 
     ``fiscal year'' shall have the meaning given such term under 
     State law.
       (3) Subgrants to improve basic programs operated by local 
     educational agencies.--After carrying out paragraph (2), the 
     Governor shall use any funds remaining under paragraph (1) to 
     provide local educational agencies in the State with 
     subgrants based on their relative shares of funding under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent year 
     for which data are available.
       (b) Other Government Services.--
       (1) In general.--The Governor shall use 18.2 percent of the 
     State's allocation under section 14001 for public safety and 
     other government services, which may include assistance for 
     elementary and secondary education and public institutions of 
     higher education, and for modernization, renovation, or 
     repair of public school facilities and institutions of higher 
     education facilities, including modernization, renovation, 
     and repairs that are consistent with a recognized green 
     building rating system.
       (2) Availability to all institutions of higher education.--
     A Governor shall not consider the type or mission of an 
     institution of higher education, and shall consider any 
     institution for funding for modernization, renovation, and 
     repairs within the State that--
       (A) qualifies as an institution of higher education, as 
     defined in subsection 14013(3); and
       (B) continues to be eligible to participate in the programs 
     under title IV of the Higher Education Act of 1965.
       (c) Rule of Construction.--Nothing in this section shall 
     allow a local educational agency to engage in school 
     modernization, renovation, or repair that is inconsistent 
     with State law.

     SEC. 14003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--A local educational agency that receives 
     funds under this title may use the funds for any activity 
     authorized by the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.) (``ESEA''), the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.) 
     (``IDEA''), the Adult and Family Literacy Act (20 U.S.C. 1400 
     et seq.), or the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2301 et seq.) (``the Perkins 
     Act'') or for modernization, renovation, or repair of public 
     school facilities, including modernization, renovation, and 
     repairs that are consistent with a recognized green building 
     rating system.
       (b) Prohibition.--A local educational agency may not use 
     funds received under this title for--
       (1) payment of maintenance costs;
       (2) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public;
       (3) purchase or upgrade of vehicles; or
       (4) improvement of stand-alone facilities whose purpose is 
     not the education of children, including central office 
     administration or operations or logistical support 
     facilities.
       (c) Rule of Construction.--Nothing in this section shall 
     allow a local educational agency to engage in school 
     modernization, renovation, or repair that is inconsistent 
     with State law.

     SEC. 14004. USES OF FUNDS BY INSTITUTIONS OF HIGHER 
                   EDUCATION.

       (a) In General.--A public institution of higher education 
     that receives funds under this title shall use the funds for 
     education and general expenditures, and in such a way as to 
     mitigate the need to raise tuition and fees for in-State 
     students, or for modernization, renovation, or repair of 
     institution of higher education facilities that are primarily 
     used for instruction, research, or student housing, including 
     modernization, renovation, and repairs that are consistent 
     with a recognized green building rating system.
       (b) Prohibition.--An institution of higher education may 
     not use funds received under this title to increase its 
     endowment.
       (c) Additional Prohibition.--No funds awarded under this 
     title may be used for--
       (1) the maintenance of systems, equipment, or facilities;
       (2) modernization, renovation, or repair of stadiums or 
     other facilities primarily used for athletic contests or 
     exhibitions or other events for which admission is charged to 
     the general public; or
       (3) modernization, renovation, or repair of facilities--
       (A) used for sectarian instruction or religious worship; or
       (B) in which a substantial portion of the functions of the 
     facilities are subsumed in a religious mission.

     SEC. 14005. STATE APPLICATIONS.

       (a) In General.--The Governor of a State desiring to 
     receive an allocation under section 14001 shall submit an 
     application at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       (b) Application.--In such application, the Governor shall--
       (1) include the assurances described in subsection (d);
       (2) provide baseline data that demonstrates the State's 
     current status in each of the areas described in such 
     assurances; and
       (3) describe how the State intends to use its allocation, 
     including whether the State will use such allocation to meet 
     maintenance of effort requirements under the ESEA and IDEA 
     and, in such cases, what amount will be used to meet such 
     requirements.
       (c) Incentive Grant Application.--The Governor of a State 
     seeking a grant under section 14006 shall--
       (1) submit an application for consideration;
       (2) describe the status of the State's progress in each of 
     the areas described in subsection (d), and the strategies the 
     State is employing to help ensure that students in the 
     subgroups described in section 1111(b)(2)(C)(v)(II) of the 
     ESEA (20 U.S.C. 6311(b)(2)(C)(v)(II)) who have not met the 
     State's proficiency targets continue making progress toward 
     meeting the State's student academic achievement standards;
       (3) describe the achievement and graduation rates (as 
     described in section 1111(b)(2)(C)(vi) of the ESEA (20 U.S.C. 
     6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) 
     of title 34, Code of Federal Regulations) of public 
     elementary and secondary school students in the State, and 
     the strategies the State is employing to help ensure that all 
     subgroups of students identified in section 1111(b)(2) of the 
     ESEA (20 U.S.C. 6311(b)(2)) in the State continue making 
     progress toward meeting the State's student academic 
     achievement standards;
       (4) describe how the State would use its grant funding to 
     improve student academic achievement in the State, including 
     how it will allocate the funds to give priority to high-need 
     local educational agencies; and
       (5) include a plan for evaluating the State's progress in 
     closing achievement gaps.
       (d) Assurances.--An application under subsection (b) shall 
     include the following assurances:
       (1) Maintenance of effort.--
       (A) Elementary and secondary education.--The State will, in 
     each of fiscal years 2009, 2010, and 2011, maintain State 
     support for elementary and secondary education at least at 
     the level of such support in fiscal year 2006.
       (B) Higher education.--The State will, in each of fiscal 
     years 2009, 2010, and 2011, maintain State support for public 
     institutions of higher education (not including support for 
     capital projects or for research and development or tuition 
     and fees paid by students) at least at the level of such 
     support in fiscal year 2006.
       (2) Achieving equity in teacher distribution.--The State 
     will take actions to improve teacher effectiveness and comply 
     with section 1111(b)(8)(C) of the ESEA (20 U.S.C. 
     6311(b)(8)(C)) in order to address inequities in the 
     distribution of highly qualified teachers between high- and 
     low-poverty schools, and to ensure that low-income and 
     minority children are

[[Page H1352]]

     not taught at higher rates than other children by 
     inexperienced, unqualified, or out-of-field teachers.
       (3) Improving collection and use of data.--The State will 
     establish a longitudinal data system that includes the 
     elements described in section 6401(e)(2)(D) of the America 
     COMPETES Act (20 U.S.C. 9871).
       (4) Standards and assessments.--The State--
       (A) will enhance the quality of the academic assessments it 
     administers pursuant to section 1111(b)(3) of the ESEA (20 
     U.S.C. 6311(b)(3)) through activities such as those described 
     in section 6112(a) of such Act (20 U.S.C. 7301a(a));
       (B) will comply with the requirements of paragraphs 
     (3)(C)(ix) and (6) of section 1111(b) of the ESEA (20 U.S.C. 
     6311(b)) and section 612(a)(16) of the IDEA (20 U.S.C. 
     1412(a)(16)) related to the inclusion of children with 
     disabilities and limited English proficient students in State 
     assessments, the development of valid and reliable 
     assessments for those students, and the provision of 
     accommodations that enable their participation in State 
     assessments; and
       (C) will take steps to improve State academic content 
     standards and student academic achievement standards 
     consistent with section 6401(e)(1)(9)(A)(ii) of the America 
     COMPETES Act.
       (5) Supporting struggling schools.--The State will ensure 
     compliance with the requirements of section 1116(a)(7)(C)(iv) 
     and section 1116(a)(8)(B) of the ESEA with respect to schools 
     identified under such sections.

     SEC. 14006. STATE INCENTIVE GRANTS.

       (a) In General.--
       (1) Reservation.--From the total amount reserved under 
     section 14001(c) that is not used for section 14007, the 
     Secretary may reserve up to 1 percent for technical 
     assistance to States to assist them in meeting the objectives 
     of paragraphs (2), (3), (4), and (5) of section 14005(d).
       (2) Remainder.--Of the remaining funds, the Secretary 
     shall, in fiscal year 2010, make grants to States that have 
     made significant progress in meeting the objectives of 
     paragraphs (2), (3), (4), and (5) of section 14005(d).
       (b) Basis for Grants.--The Secretary shall determine which 
     States receive grants under this section, and the amount of 
     those grants, on the basis of information provided in State 
     applications under section 14005 and such other criteria as 
     the Secretary determines appropriate, which may include a 
     State's need for assistance to help meet the objective of 
     paragraphs (2), (3), (4), and (5) of section 14005(d).
       (c) Subgrants to Local Educational Agencies.--Each State 
     receiving a grant under this section shall use at least 50 
     percent of the grant to provide local educational agencies in 
     the State with subgrants based on their relative shares of 
     funding under part A of title I of the ESEA (20 U.S.C. 6311 
     et seq.) for the most recent year.

     SEC. 14007. INNOVATION FUND.

       (a) In General.--
       (1) Eligible entities.--For the purposes of this section, 
     the term ``eligible entity'' means--
       (A) a local educational agency; or
       (B) a partnership between a nonprofit organization and--
       (i) one or more local educational agencies; or
       (ii) a consortium of schools.
       (2) Program established.--From the total amount reserved 
     under section 14001(c), the Secretary may reserve up to 
     $650,000,000 to establish an Innovation Fund, which shall 
     consist of academic achievement awards that recognize 
     eligible entities that meet the requirements described in 
     subsection (b).
       (3) Basis for awards.--The Secretary shall make awards to 
     eligible entities that have made significant gains in closing 
     the achievement gap as described in subsection (b)(1)--
       (A) to allow such eligible entities to expand their work 
     and serve as models for best practices;
       (B) to allow such eligible entities to work in partnership 
     with the private sector and the philanthropic community; and
       (C) to identify and document best practices that can be 
     shared, and taken to scale based on demonstrated success.
       (b) Eligibility.--To be eligible for such an award, an 
     eligible entity shall--
       (1) have significantly closed the achievement gaps between 
     groups of students described in section 1111(b)(2) of the 
     ESEA (20 U.S.C. 6311(b)(2));
       (2) have exceeded the State's annual measurable objectives 
     consistent with such section 1111(b)(2) for 2 or more 
     consecutive years or have demonstrated success in 
     significantly increasing student academic achievement for all 
     groups of students described in such section through another 
     measure, such as measures described in section 1111(c)(2) of 
     the ESEA;
       (3) have made significant improvement in other areas, such 
     as graduation rates or increased recruitment and placement of 
     high-quality teachers and school leaders, as demonstrated 
     with meaningful data; and
       (4) demonstrate that they have established partnerships 
     with the private sector, which may include philanthropic 
     organizations, and that the private sector will provide 
     matching funds in order to help bring results to scale.
       (c) Special Rule.--In the case of an eligible entity that 
     includes a nonprofit organization, the eligible entity shall 
     be considered to have met the eligibility requirements of 
     paragraphs (1), (2), (3) of subsection (b) if such nonprofit 
     organization has a record of meeting such requirements.

     SEC. 14008. STATE REPORTS.

       For each year of the program under this title, a State 
     receiving funds under this title shall submit a report to the 
     Secretary, at such time and in such manner as the Secretary 
     may require, that describes--
       (1) the uses of funds provided under this title within the 
     State;
       (2) how the State distributed the funds it received under 
     this title;
       (3) the number of jobs that the Governor estimates were 
     saved or created with funds the State received under this 
     title;
       (4) tax increases that the Governor estimates were averted 
     because of the availability of funds from this title;
       (5) the State's progress in reducing inequities in the 
     distribution of highly qualified teachers, in implementing a 
     State longitudinal data system, and in developing and 
     implementing valid and reliable assessments for limited 
     English proficient students and children with disabilities;
       (6) the tuition and fee increases for in-State students 
     imposed by public institutions of higher education in the 
     State during the period of availability of funds under this 
     title, and a description of any actions taken by the State to 
     limit those increases;
       (7) the extent to which public institutions of higher 
     education maintained, increased, or decreased enrollment of 
     in-State students, including students eligible for Pell 
     Grants or other need-based financial assistance; and
       (8) a description of each modernization, renovation and 
     repair project funded, which shall include the amounts 
     awarded and project costs.

     SEC. 14009. EVALUATION.

       The Comptroller General of the United States shall conduct 
     evaluations of the programs under sections 14006 and 14007 
     which shall include, but not be limited to, the criteria used 
     for the awards made, the States selected for awards, award 
     amounts, how each State used the award received, and the 
     impact of this funding on the progress made toward closing 
     achievement gaps.

     SEC. 14010. SECRETARY'S REPORT TO CONGRESS.

       The Secretary shall submit a report to the Committee on 
     Education and Labor of the House of Representatives, the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, and the Committees on Appropriations of the House of 
     Representatives and of the Senate, not less than 6 months 
     following the submission of State reports, that evaluates the 
     information provided in the State reports under section 14008 
     and the information required by section 14005(b)(3) including 
     State-by-State information.

     SEC. 14011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.

       No recipient of funds under this title shall use such funds 
     to provide financial assistance to students to attend private 
     elementary or secondary schools.

     SEC. 14012. FISCAL RELIEF.

       (a) In General.--For the purpose of relieving fiscal 
     burdens on States and local educational agencies that have 
     experienced a precipitous decline in financial resources, the 
     Secretary of Education may waive or modify any requirement of 
     this title relating to maintaining fiscal effort.
       (b) Duration.--A waiver or modification under this section 
     shall be for any of fiscal year 2009, fiscal year 2010, or 
     fiscal year 2011, as determined by the Secretary.
       (c) Criteria.--The Secretary shall not grant a waiver or 
     modification under this section unless the Secretary 
     determines that the State or local educational agency 
     receiving such waiver or modification will not provide for 
     elementary and secondary education, for the fiscal year under 
     consideration, a smaller percentage of the total revenues 
     available to the State or local educational agency than the 
     amount provided for such purpose in the preceding fiscal 
     year.
       (d) Maintenance of Effort.--Upon prior approval from the 
     Secretary, a State or local educational agency that receives 
     funds under this title may treat any portion of such funds 
     that is used for elementary, secondary, or postsecondary 
     education as non-Federal funds for the purpose of any 
     requirement to maintain fiscal effort under any other 
     program, including part C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1431 et seq.), 
     administered by the Secretary.
       (e) Subsequent Level of Effort.--Notwithstanding (d), the 
     level of effort required by a State or local educational 
     agency for the following fiscal year shall not be reduced.

     SEC. 14013. DEFINITIONS.

       Except as otherwise provided in this title, as used in this 
     title--
       (1) the terms ``elementary education'' and ``secondary 
     education'' have the meaning given such terms under State 
     law;
       (2) the term ``high-need local educational agency'' means a 
     local educational agency--
       (A) that serves not fewer than 10,000 children from 
     families with incomes below the poverty line; or
       (B) for which not less than 20 percent of the children 
     served by the agency are from families with incomes below the 
     poverty line;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001);
       (4) the term ``Secretary'' means the Secretary of 
     Education;
       (5) the term ``State'' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico; 
     and
       (6) any other term used that is defined in section 9101 of 
     the ESEA (20 U.S.C. 7801) shall have the meaning given the 
     term in such section.

               TITLE XV--ACCOUNTABILITY AND TRANSPARENCY

     SEC. 1501. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 551 of title 5, United States Code.
       (2) Board.--The term ``Board'' means the Recovery 
     Accountability and Transparency Board established in section 
     1521.

[[Page H1353]]

       (3) Chairperson.--The term ``Chairperson'' means the 
     Chairperson of the Board.
       (4) Covered funds.--The term ``covered funds'' means any 
     funds that are expended or obligated from appropriations made 
     under this Act.
       (5) Panel.--The term ``Panel'' means the Recovery 
     Independent Advisory Panel established in section 1541.

          Subtitle A--Transparency and Oversight Requirements

     SEC. 1511. CERTIFICATIONS.

       With respect to covered funds made available to State or 
     local governments for infrastructure investments, the 
     Governor, mayor, or other chief executive, as appropriate, 
     shall certify that the infrastructure investment has received 
     the full review and vetting required by law and that the 
     chief executive accepts responsibility that the 
     infrastructure investment is an appropriate use of taxpayer 
     dollars. Such certification shall include a description of 
     the investment, the estimated total cost, and the amount of 
     covered funds to be used, and shall be posted on a website 
     and linked to the website established by section 1526. A 
     State or local agency may not receive infrastructure 
     investment funding from funds made available in this Act 
     unless this certification is made and posted.

     SEC. 1512. REPORTS ON USE OF FUNDS.

       (a) Short Title.--This section may be cited as the ``Jobs 
     Accountability Act''.
       (b) Definitions.--In this section:
       (1) Recipient.--The term ``recipient''--
       (A) means any entity that receives recovery funds directly 
     from the Federal Government (including recovery funds 
     received through grant, loan, or contract) other than an 
     individual; and
       (B) includes a State that receives recovery funds.
       (2) Recovery funds.--The term ``recovery funds'' means any 
     funds that are made available from appropriations made under 
     this Act.
       (c) Recipient Reports.--Not later than 10 days after the 
     end of each calendar quarter, each recipient that received 
     recovery funds from a Federal agency shall submit a report to 
     that agency that contains--
       (1) the total amount of recovery funds received from that 
     agency;
       (2) the amount of recovery funds received that were 
     expended or obligated to projects or activities; and
       (3) a detailed list of all projects or activities for which 
     recovery funds were expended or obligated, including--
       (A) the name of the project or activity;
       (B) a description of the project or activity;
       (C) an evaluation of the completion status of the project 
     or activity;
       (D) an estimate of the number of jobs created and the 
     number of jobs retained by the project or activity; and
       (E) for infrastructure investments made by State and local 
     governments, the purpose, total cost, and rationale of the 
     agency for funding the infrastructure investment with funds 
     made available under this Act, and name of the person to 
     contact at the agency if there are concerns with the 
     infrastructure investment.
       (4) Detailed information on any subcontracts or subgrants 
     awarded by the recipient to include the data elements 
     required to comply with the Federal Funding Accountability 
     and Transparency Act of 2006 (Public Law 109-282), allowing 
     aggregate reporting on awards below $25,000 or to 
     individuals, as prescribed by the Director of the Office of 
     Management and Budget.
       (d) Agency Reports.--Not later than 30 days after the end 
     of each calendar quarter, each agency that made recovery 
     funds available to any recipient shall make the information 
     in reports submitted under subsection (c) publicly available 
     by posting the information on a website.
       (e) Other Reports.--The Congressional Budget Office and the 
     Government Accountability Office shall comment on the 
     information described in subsection (c)(3)(D) for any reports 
     submitted under subsection (c). Such comments shall be due 
     within 45 days after such reports are submitted.
       (f) Compliance.--Within 180 days of enactment, as a 
     condition of receipt of funds under this Act, Federal 
     agencies shall require any recipient of such funds to provide 
     the information required under subsection (c).
       (g) Guidance.--Federal agencies, in coordination with the 
     Director of the Office of Management and Budget, shall 
     provide for user-friendly means for recipients of covered 
     funds to meet the requirements of this section.
       (h) Registration.--Funding recipients required to report 
     information per subsection (c)(4) must register with the 
     Central Contractor Registration database or complete other 
     registration requirements as determined by the Director of 
     the Office of Management and Budget.

     SEC. 1513. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS.

       (a) In General.--In consultation with the Director of the 
     Office of Management and Budget and the Secretary of the 
     Treasury, the Chairperson of the Council of Economic Advisers 
     shall submit quarterly reports to the Committees on 
     Appropriations of the Senate and House of Representatives 
     that detail the impact of programs funded through covered 
     funds on employment, estimated economic growth, and other key 
     economic indicators.
       (b) Submission of Reports.--
       (1) First report.--The first report submitted under 
     subsection (a) shall be submitted not later than 45 days 
     after the end of the first full quarter following the date of 
     enactment of this Act.
       (2) Last report.--The last report required to be submitted 
     under subsection (a) shall apply to the quarter in which the 
     Board terminates under section 1530.

     SEC. 1514. INSPECTOR GENERAL REVIEWS.

       (a) Reviews.--Any inspector general of a Federal department 
     or executive agency shall review, as appropriate, any 
     concerns raised by the public about specific investments 
     using funds made available in this Act. Any findings of such 
     reviews not related to an ongoing criminal proceeding shall 
     be relayed immediately to the head of the department or 
     agency concerned. In addition, the findings of such reviews, 
     along with any audits conducted by any inspector general of 
     funds made available in this Act, shall be posted on the 
     inspector general's website and linked to the website 
     established by section 1526, except that portions of reports 
     may be redacted to the extent the portions would disclose 
     information that is protected from public disclosure under 
     sections 552 and 552a of title 5, United States Code.

     SEC. 1515. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN 
                   RECORDS AND EMPLOYEES.

       (a) Access.--With respect to each contract or grant awarded 
     using covered funds, any representative of an appropriate 
     inspector general appointed under section 3 or 8G of the 
     Inspector General Act of 1978 (5 U.S.C. App.), is 
     authorized--
       (1) to examine any records of the contractor or grantee, 
     any of its subcontractors or subgrantees, or any State or 
     local agency administering such contract, that pertain to, 
     and involve transactions relating to, the contract, 
     subcontract, grant, or subgrant; and
       (2) to interview any officer or employee of the contractor, 
     grantee, subgrantee, or agency regarding such transactions.
       (b) Relationship to Existing Authority.--Nothing in this 
     section shall be interpreted to limit or restrict in any way 
     any existing authority of an inspector general.

       Subtitle B--Recovery Accountability and Transparency Board

     SEC. 1521. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND 
                   TRANSPARENCY BOARD.

       There is established the Recovery Accountability and 
     Transparency Board to coordinate and conduct oversight of 
     covered funds to prevent fraud, waste, and abuse.

     SEC. 1522. COMPOSITION OF BOARD.

       (a) Chairperson.--
       (1) Designation or appointment.--The President shall--
       (A) designate the Deputy Director for Management of the 
     Office of Management and Budget to serve as Chairperson of 
     the Board;
       (B) designate another Federal officer who was appointed by 
     the President to a position that required the advice and 
     consent of the Senate, to serve as Chairperson of the Board; 
     or
       (C) appoint an individual as the Chairperson of the Board, 
     by and with the advice and consent of the Senate.
       (2) Compensation.--
       (A) Designation of federal officer.--If the President 
     designates a Federal officer under paragraph (1)(A) or (B) to 
     serve as Chairperson, that Federal officer may not receive 
     additional compensation for services performed as 
     Chairperson.
       (B) Appointment of non-federal officer.--If the President 
     appoints an individual as Chairperson under paragraph (1)(C), 
     that individual shall be compensated at the rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (b) Members.--The members of the Board shall include--
       (1) the Inspectors General of the Departments of 
     Agriculture, Commerce, Education, Energy, Health and Human 
     Services, Homeland Security, Justice, Transportation, 
     Treasury, and the Treasury Inspector General for Tax 
     Administration; and
       (2) any other Inspector General as designated by the 
     President from any agency that expends or obligates covered 
     funds.

     SEC. 1523. FUNCTIONS OF THE BOARD.

       (a) Functions.--
       (1) In general.--The Board shall coordinate and conduct 
     oversight of covered funds in order to prevent fraud, waste, 
     and abuse.
       (2) Specific functions.--The functions of the Board shall 
     include--
       (A) reviewing whether the reporting of contracts and grants 
     using covered funds meets applicable standards and specifies 
     the purpose of the contract or grant and measures of 
     performance;
       (B) reviewing whether competition requirements applicable 
     to contracts and grants using covered funds have been 
     satisfied;
       (C) auditing or reviewing covered funds to determine 
     whether wasteful spending, poor contract or grant management, 
     or other abuses are occurring and referring matters it 
     considers appropriate for investigation to the inspector 
     general for the agency that disbursed the covered funds;
       (D) reviewing whether there are sufficient qualified 
     acquisition and grant personnel overseeing covered funds;
       (E) reviewing whether personnel whose duties involve 
     acquisitions or grants made with covered funds receive 
     adequate training; and
       (F) reviewing whether there are appropriate mechanisms for 
     interagency collaboration relating to covered funds, 
     including coordinating and collaborating to the extent 
     practicable with the Inspectors General Council on Integrity 
     and Efficiency established by the Inspector General Reform 
     Act of 2008 (Public Law 110-409).
       (b) Reports.--
       (1) Flash and other reports.--The Board shall submit to the 
     President and Congress, including the Committees on 
     Appropriations of the

[[Page H1354]]

     Senate and House of Representatives, reports, to be known as 
     ``flash reports'', on potential management and funding 
     problems that require immediate attention. The Board also 
     shall submit to Congress such other reports as the Board 
     considers appropriate on the use and benefits of funds made 
     available in this Act.
       (2) Quarterly reports.--The Board shall submit quarterly 
     reports to the President and Congress, including the 
     Committees on Appropriations of the Senate and House of 
     Representatives, summarizing the findings of the Board and 
     the findings of inspectors general of agencies. The Board may 
     submit additional reports as appropriate.
       (3) Annual reports.--The Board shall submit annual reports 
     to the President and Congress, including the Committees on 
     Appropriations of the Senate and House of Representatives, 
     consolidating applicable quarterly reports on the use of 
     covered funds.
       (4) Public availability.--
       (A) In general.--All reports submitted under this 
     subsection shall be made publicly available and posted on the 
     website established by section 1526.
       (B) Redactions.--Any portion of a report submitted under 
     this subsection may be redacted when made publicly available, 
     if that portion would disclose information that is not 
     subject to disclosure under sections 552 and 552a of title 5, 
     United States Code.
       (c) Recommendations.--
       (1) In general.--The Board shall make recommendations to 
     agencies on measures to prevent fraud, waste, and abuse 
     relating to covered funds.
       (2) Responsive reports.--Not later than 30 days after 
     receipt of a recommendation under paragraph (1), an agency 
     shall submit a report to the President, the congressional 
     committees of jurisdiction, including the Committees on 
     Appropriations of the Senate and House of Representatives, 
     and the Board on--
       (A) whether the agency agrees or disagrees with the 
     recommendations; and
       (B) any actions the agency will take to implement the 
     recommendations.

     SEC. 1524. POWERS OF THE BOARD.

       (a) In General.--The Board shall conduct audits and reviews 
     of spending of covered funds and coordinate on such 
     activities with the inspectors general of the relevant agency 
     to avoid duplication and overlap of work.
       (b) Audits and Reviews.--The Board may--
       (1) conduct its own independent audits and reviews relating 
     to covered funds; and
       (2) collaborate on audits and reviews relating to covered 
     funds with any inspector general of an agency.
       (c) Authorities.--
       (1) Audits and reviews.--In conducting audits and reviews, 
     the Board shall have the authorities provided under section 6 
     of the Inspector General Act of 1978 (5 U.S.C. App.). 
     Additionally, the Board may issue subpoenas to compel the 
     testimony of persons who are not Federal officers or 
     employees and may enforce such subpoenas in the same manner 
     as provided for inspector general subpoenas under section 6 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       (2) Standards and guidelines.--The Board shall carry out 
     the powers under subsections (a) and (b) in accordance with 
     section 4(b)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.).
       (d) Public Hearings.--The Board may hold public hearings 
     and Board personnel may conduct necessary inquiries. The head 
     of each agency shall make all officers and employees of that 
     agency available to provide testimony to the Board and Board 
     personnel. The Board may issue subpoenas to compel the 
     testimony of persons who are not Federal officers or 
     employees at such public hearings. Any such subpoenas may be 
     enforced in the same manner as provided for inspector general 
     subpoenas under section 6 of the Inspector General Act of 
     1978 (5 U.S.C. App.).
       (e) Contracts.--The Board may enter into contracts to 
     enable the Board to discharge its duties under this subtitle, 
     including contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons, and make such payments as may be 
     necessary to carry out the duties of the Board.
       (f) Transfer of Funds.--The Board may transfer funds 
     appropriated to the Board for expenses to support 
     administrative support services and audits, reviews, or other 
     activities related to oversight by the Board of covered funds 
     to any office of inspector general, the Office of Management 
     and Budget, the General Services Administration, and the 
     Panel.

     SEC. 1525. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.

       (a) Employment and Personnel Authorities.--
       (1) In general.--
       (A) Authorities.--Subject to paragraph (2), the Board may 
     exercise the authorities of subsections (b) through (i) of 
     section 3161 of title 5, United States Code (without regard 
     to subsection (a) of that section).
       (B) Application.--For purposes of exercising the 
     authorities described under subparagraph (A), the term 
     ``Chairperson of the Board'' shall be substituted for the 
     term ``head of a temporary organization''.
       (C) Consultation.--In exercising the authorities described 
     under subparagraph (A), the Chairperson shall consult with 
     members of the Board.
       (2) Employment authorities.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as provided under paragraph (1) of this 
     subsection--
       (A) paragraph (2) of subsection (b) of section 3161 of that 
     title (relating to periods of appointments) shall not apply; 
     and
       (B) no period of appointment may exceed the date on which 
     the Board terminates under section 1530.
       (b) Information and Assistance.--
       (1) In general.--Upon request of the Board for information 
     or assistance from any agency or other entity of the Federal 
     Government, the head of such entity shall, insofar as is 
     practicable and not in contravention of any existing law, 
     furnish such information or assistance to the Board, or an 
     authorized designee.
       (2) Report of refusals.--Whenever information or assistance 
     requested by the Board is, in the judgment of the Board, 
     unreasonably refused or not provided, the Board shall report 
     the circumstances to the congressional committees of 
     jurisdiction, including the Committees on Appropriations of 
     the Senate and House of Representatives, without delay.
       (c) Administrative Support.--The General Services 
     Administration shall provide the Board with administrative 
     support services, including the provision of office space and 
     facilities.

     SEC. 1526. BOARD WEBSITE.

       (a) Establishment.--The Board shall establish and maintain, 
     no later than 30 days after enactment of this Act, a user-
     friendly, public-facing website to foster greater 
     accountability and transparency in the use of covered funds.
       (b) Purpose.--The website established and maintained under 
     subsection (a) shall be a portal or gateway to key 
     information relating to this Act and provide connections to 
     other Government websites with related information.
       (c) Content and Function.--In establishing the website 
     established and maintained under subsection (a), the Board 
     shall ensure the following:
       (1) The website shall provide materials explaining what 
     this Act means for citizens. The materials shall be easy to 
     understand and regularly updated.
       (2) The website shall provide accountability information, 
     including findings from audits, inspectors general, and the 
     Government Accountability Office.
       (3) The website shall provide data on relevant economic, 
     financial, grant, and contract information in user-friendly 
     visual presentations to enhance public awareness of the use 
     of covered funds.
       (4) The website shall provide detailed data on contracts 
     awarded by the Federal Government that expend covered funds, 
     including information about the competitiveness of the 
     contracting process, information about the process that was 
     used for the award of contracts, and for contracts over 
     $500,000 a summary of the contract.
       (5) The website shall include printable reports on covered 
     funds obligated by month to each State and congressional 
     district.
       (6) The website shall provide a means for the public to 
     give feedback on the performance of contracts that expend 
     covered funds.
       (7) The website shall include detailed information on 
     Federal Government contracts and grants that expend covered 
     funds, to include the data elements required to comply with 
     the Federal Funding Accountability and Transparency Act of 
     2006 (Public Law 109-282), allowing aggregate reporting on 
     awards below $25,000 or to individuals, as prescribed by the 
     Director of the Office of Management and Budget.
       (8) The website shall provide a link to estimates of the 
     jobs sustained or created by the Act.
       (9) The website shall provide a link to information about 
     announcements of grant competitions and solicitations for 
     contracts to be awarded.
       (10) The website shall include appropriate links to other 
     government websites with information concerning covered 
     funds, including Federal agency and State websites.
       (11) The website shall include a plan from each Federal 
     agency for using funds made available in this Act to the 
     agency.
       (12) The website shall provide information on Federal 
     allocations of formula grants and awards of competitive 
     grants using covered funds.
       (13) The website shall provide information on Federal 
     allocations of mandatory and other entitlement programs by 
     State, county, or other appropriate geographical unit.
       (14) To the extent practical, the website shall provide, 
     organized by the location of the job opportunities involved, 
     links to and information about how to access job 
     opportunities, including, if possible, links to or 
     information about local employment agencies, job banks 
     operated by State workforce agencies, the Department of 
     Labor's CareerOneStop website, State, local and other public 
     agencies receiving Federal funding, and private firms 
     contracted to perform work with Federal funding, in order to 
     direct job seekers to job opportunities created by this Act.
       (15) The website shall be enhanced and updated as necessary 
     to carry out the purposes of this subtitle.
       (d) Waiver.--The Board may exclude posting contractual or 
     other information on the website on a case-by-case basis when 
     necessary to protect national security or to protect 
     information that is not subject to disclosure under sections 
     552 and 552a of title 5, United States Code.

     SEC. 1527. INDEPENDENCE OF INSPECTORS GENERAL.

       (a) Independent Authority.--Nothing in this subtitle shall 
     affect the independent authority of an inspector general to 
     determine whether to conduct an audit or investigation of 
     covered funds.
       (b) Requests by Board.--If the Board requests that an 
     inspector general conduct or refrain from conducting an audit 
     or investigation and the inspector general rejects the 
     request in whole or in part, the inspector general shall, not 
     later than 30 days after rejecting the request,

[[Page H1355]]

     submit a report to the Board, the head of the applicable 
     agency, and the congressional committees of jurisdiction, 
     including the Committees on Appropriations of the Senate and 
     House of Representatives. The report shall state the reasons 
     that the inspector general has rejected the request in whole 
     or in part. The inspector general's decision shall be final.

     SEC. 1528. COORDINATION WITH THE COMPTROLLER GENERAL AND 
                   STATE AUDITORS.

       The Board shall coordinate its oversight activities with 
     the Comptroller General of the United States and State 
     auditors.

     SEC. 1529. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this subtitle.

     SEC. 1530. TERMINATION OF THE BOARD.

       The Board shall terminate on September 30, 2013.

            Subtitle C--Recovery Independent Advisory Panel

     SEC. 1541. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY 
                   PANEL.

       (a) Establishment.--There is established the Recovery 
     Independent Advisory Panel.
       (b) Membership.--The Panel shall be composed of 5 members 
     who shall be appointed by the President.
       (c) Qualifications.--Members shall be appointed on the 
     basis of expertise in economics, public finance, contracting, 
     accounting, or any other relevant field.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Panel have been appointed, the 
     Panel shall hold its first meeting.
       (e) Meetings.--The Panel shall meet at the call of the 
     Chairperson of the Panel.
       (f) Quorum.--A majority of the members of the Panel shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (g) Chairperson and Vice Chairperson.--The Panel shall 
     select a Chairperson and Vice Chairperson from among its 
     members.

     SEC. 1542. DUTIES OF THE PANEL.

       The Panel shall make recommendations to the Board on 
     actions the Board could take to prevent fraud, waste, and 
     abuse relating to covered funds.

     SEC. 1543. POWERS OF THE PANEL.

       (a) Hearings.--The Panel may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Panel considers advisable to 
     carry out this subtitle.
       (b) Information From Federal Agencies.--The Panel may 
     secure directly from any agency such information as the Panel 
     considers necessary to carry out this subtitle. Upon request 
     of the Chairperson of the Panel, the head of such agency 
     shall furnish such information to the Panel.
       (c) Postal Services.--The Panel may use the United States 
     mails in the same manner and under the same conditions as 
     agencies of the Federal Government.
       (d) Gifts.--The Panel may accept, use, and dispose of gifts 
     or donations of services or property.

     SEC. 1544. PANEL PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Panel who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Panel. All members of the Panel who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Panel.
       (c) Staff.--
       (1) In general.--The Chairperson of the Panel may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Panel to perform 
     its duties. The employment of an executive director shall be 
     subject to confirmation by the Panel.
       (2) Compensation.--The Chairperson of the Panel may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Panel who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (B) Members of panel.--Subparagraph (A) shall not be 
     construed to apply to members of the Panel.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Panel without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Panel may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Administrative Support.--The General Services 
     Administration shall provide the Panel with administrative 
     support services, including the provision of office space and 
     facilities.

     SEC. 1545. TERMINATION OF THE PANEL.

       The Panel shall terminate on September 30, 2013.

     SEC. 1546. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this subtitle.

  Subtitle D--Additional Accountability and Transparency Requirements

     SEC. 1551. AUTHORITY TO ESTABLISH SEPARATE FUNDING ACCOUNTS.

       Although this Act provides supplemental appropriations for 
     programs, projects, and activities in existing Treasury 
     accounts, to facilitate tracking these funds through Treasury 
     and agency accounting systems, the Secretary of the Treasury 
     shall ensure that all funds appropriated in this Act shall be 
     established in separate Treasury accounts, unless a waiver 
     from this provision is approved by the Director of the Office 
     of Management and Budget.

     SEC. 1552. SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING 
                   AND RECORDKEEPING.

       Federal agencies receiving funds under this Act, may, after 
     following the notice and comment rulemaking requirements 
     under the Administrative Procedures Act (5 U.S.C. 500), 
     reasonably adjust applicable limits on administrative 
     expenditures for Federal awards to help award recipients 
     defray the costs of data collection requirements initiated 
     pursuant to this Act.

     SEC. 1553. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing, including a disclosure made in the 
     ordinary course of an employee's duties, to the Board, an 
     inspector general, the Comptroller General, a member of 
     Congress, a State or Federal regulatory or law enforcement 
     agency, a person with supervisory authority over the employee 
     (or such other person working for the employer who has the 
     authority to investigate, discover, or terminate misconduct), 
     a court or grand jury, the head of a Federal agency, or their 
     representatives, information that the employee reasonably 
     believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety related to the implementation or use of covered funds;
       (4) an abuse of authority related to the implementation or 
     use of covered funds; or
       (5) a violation of law, rule, or regulation related to an 
     agency contract (including the competition for or negotiation 
     of a contract) or grant, awarded or issued relating to 
     covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint regarding the reprisal to the appropriate 
     inspector general. Except as provided under paragraph (3), 
     unless the inspector general determines that the complaint is 
     frivolous, does not relate to covered funds, or another 
     Federal or State judicial or administrative proceeding has 
     previously been invoked to resolve such complaint, the 
     inspector general shall investigate the complaint and, upon 
     completion of such investigation, submit a report of the 
     findings of the investigation to the person, the person's 
     employer, the head of the appropriate agency, and the Board.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall, not later than 180 days after 
     receiving a complaint under paragraph (1)--
       (i) make a determination that the complaint is frivolous, 
     does not relate to covered funds, or another Federal or State 
     judicial or administrative proceeding has previously been 
     invoked to resolve such complaint; or
       (ii) submit a report under paragraph (1).
       (B) Extensions.--
       (i) Voluntary extension agreed to between inspector general 
     and complainant.--If the inspector general is unable to 
     complete an investigation under this section in time to 
     submit a report within the 180-day period specified under 
     subparagraph (A) and the person submitting the complaint 
     agrees to an extension of time, the inspector general shall 
     submit a report under paragraph (1) within such additional 
     period of time as shall be agreed upon between the inspector 
     general and the person submitting the complaint.
       (ii) Extension granted by inspector general.--If the 
     inspector general is unable to complete an investigation 
     under this section in time to submit a report within the 180-
     day period specified under subparagraph (A), the inspector 
     general may extend the period for not more than 180 days 
     without agreeing with the person submitting the complaint to 
     such extension, provided that the inspector general provides 
     a written explanation (subject to the authority to exclude 
     information under paragraph (4)(C)) for the decision, which 
     shall be provided to both the person submitting the complaint 
     and the non-Federal employer.
       (iii) Semi-annual report on extensions.--The inspector 
     general shall include in semi-annual reports to Congress a 
     list of those investigations for which the inspector general 
     received an extension.
       (3) Discretion not to investigate complaints.--

[[Page H1356]]

       (A) In general.--The inspector general may decide not to 
     conduct or continue an investigation under this section upon 
     providing to the person submitting the complaint and the non-
     Federal employer a written explanation (subject to the 
     authority to exclude information under paragraph (4)(C)) for 
     such decision.
       (B) Assumption of rights to civil remedy.--Upon receipt of 
     an explanation of a decision not to conduct or continue an 
     investigation under subparagraph (A), the person submitting a 
     complaint shall immediately assume the right to a civil 
     remedy under subsection (c)(3) as if the 210-day period 
     specified under such subsection has already passed.
       (C) Semi-annual report.--The inspector general shall 
     include in semi-annual reports to Congress a list of those 
     investigations the inspector general decided not to conduct 
     or continue under this paragraph.
       (4) Access to investigative file of inspector general.--
       (A) In general.--The person alleging a reprisal under this 
     section shall have access to the investigation file of the 
     appropriate inspector general in accordance with section 552a 
     of title 5, United States Code (commonly referred to as the 
     ``Privacy Act''). The investigation of the inspector general 
     shall be deemed closed for purposes of disclosure under such 
     section when an employee files an appeal to an agency head or 
     a court of competent jurisdiction.
       (B) Civil action.--In the event the person alleging the 
     reprisal brings suit under subsection (c)(3), the person 
     alleging the reprisal and the non-Federal employer shall have 
     access to the investigative file of the inspector general in 
     accordance with the Privacy Act.
       (C) Exception.--The inspector general may exclude from 
     disclosure--
       (i) information protected from disclosure by a provision of 
     law; and
       (ii) any additional information the inspector general 
     determines disclosure of which would impede a continuing 
     investigation, provided that such information is disclosed 
     once such disclosure would no longer impede such 
     investigation, unless the inspector general determines that 
     disclosure of law enforcement techniques, procedures, or 
     information could reasonably be expected to risk 
     circumvention of the law or disclose the identity of a 
     confidential source.
       (5) Privacy of information.--An inspector general 
     investigating an alleged reprisal under this section may not 
     respond to any inquiry or disclose any information from or 
     about any person alleging such reprisal, except in accordance 
     with the provisions of section 552a of title 5, United States 
     Code, or as required by any other applicable Federal law.
       (c) Remedy and Enforcement Authority.--
       (1) Burden of proof.--
       (A) Disclosure as contributing factor in reprisal.--
       (i) In general.--A person alleging a reprisal under this 
     section shall be deemed to have affirmatively established the 
     occurrence of the reprisal if the person demonstrates that a 
     disclosure described in subsection (a) was a contributing 
     factor in the reprisal.
       (ii) Use of circumstantial evidence.--A disclosure may be 
     demonstrated as a contributing factor in a reprisal for 
     purposes of this paragraph by circumstantial evidence, 
     including--

       (I) evidence that the official undertaking the reprisal 
     knew of the disclosure; or
       (II) evidence that the reprisal occurred within a period of 
     time after the disclosure such that a reasonable person could 
     conclude that the disclosure was a contributing factor in the 
     reprisal.

       (B) Opportunity for rebuttal.--The head of an agency may 
     not find the occurrence of a reprisal with respect to a 
     reprisal that is affirmatively established under subparagraph 
     (A) if the non-Federal employer demonstrates by clear and 
     convincing evidence that the non-Federal employer would have 
     taken the action constituting the reprisal in the absence of 
     the disclosure.
       (2) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     in whole or in part or shall take 1 or more of the following 
     actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), compensatory 
     damages, employment benefits, and other terms and conditions 
     of employment that would apply to the person in that position 
     if the reprisal had not been taken.
       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency or a court 
     of competent jurisdiction.
       (3) Civil action.--If the head of an agency issues an order 
     denying relief in whole or in part under paragraph (1), has 
     not issued an order within 210 days after the submission of a 
     complaint under subsection (b), or in the case of an 
     extension of time under subsection (b)(2)(B)(i), within 30 
     days after the expiration of the extension of time, or 
     decides under subsection (b)(3) not to investigate or to 
     discontinue an investigation, and there is no showing that 
     such delay or decision is due to the bad faith of the 
     complainant, the complainant shall be deemed to have 
     exhausted all administrative remedies with respect to the 
     complaint, and the complainant may bring a de novo action at 
     law or equity against the employer to seek compensatory 
     damages and other relief available under this section in the 
     appropriate district court of the United States, which shall 
     have jurisdiction over such an action without regard to the 
     amount in controversy. Such an action shall, at the request 
     of either party to the action, be tried by the court with a 
     jury.
       (4) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (2), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief, compensatory and 
     exemplary damages, and attorneys fees and costs.
       (5) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (2) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--Except as provided 
     under paragraph (3), the rights and remedies provided for in 
     this section may not be waived by any agreement, policy, 
     form, or condition of employment, including by any predispute 
     arbitration agreement.
       (2) Predispute arbitration agreements.--Except as provided 
     under paragraph (3), no predispute arbitration agreement 
     shall be valid or enforceable if it requires arbitration of a 
     dispute arising under this section.
       (3) Exception for collective bargaining agreements.--
     Notwithstanding paragraphs (1) and (2), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       (e) Requirement to Post Notice of Rights and Remedies.--Any 
     employer receiving covered funds shall post notice of the 
     rights and remedies provided under this section.
       (f) Rules of Construction.--
       (1) No implied authority to retaliate for non-protected 
     disclosures.--Nothing in this section may be construed to 
     authorize the discharge of, demotion of, or discrimination 
     against an employee for a disclosure other than a disclosure 
     protected by subsection (a) or to modify or derogate from a 
     right or remedy otherwise available to the employee.
       (2) Relationship to state laws.--Nothing may be construed 
     to preempt, preclude, or limit the protections provided for 
     public or private employees under State whistleblower laws.
       (g) Definitions.--In this section:
       (1) Abuse of authority.--The term ``abuse of authority'' 
     means an arbitrary and capricious exercise of authority by a 
     contracting official or employee that adversely affects the 
     rights of any person, or that results in personal gain or 
     advantage to the official or employee or to preferred other 
     persons.
       (2) Covered funds.--The term ``covered funds'' means any 
     contract, grant, or other payment received by any non-Federal 
     employer if--
       (A) the Federal Government provides any portion of the 
     money or property that is provided, requested, or demanded; 
     and
       (B) at least some of the funds are appropriated or 
     otherwise made available by this Act.
       (3) Employee.--The term ``employee''--
       (A) except as provided under subparagraph (B), means an 
     individual performing services on behalf of an employer; and
       (B) does not include any Federal employee or member of the 
     uniformed services (as that term is defined in section 
     101(a)(5) of title 10, United States Code).
       (4) Non-federal employer.--The term ``non-Federal 
     employer''--
       (A) means any employer--
       (i) with respect to covered funds--

       (I) the contractor, subcontractor, grantee, or recipient, 
     as the case may be, if the contractor, subcontractor, 
     grantee, or recipient is an employer; and
       (II) any professional membership organization, 
     certification or other professional body, any agent or 
     licensee of the Federal government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving covered funds; or

       (ii) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government; and
       (B) does not mean any department, agency, or other entity 
     of the Federal Government.
       (5) State or local government.--The term ``State or local 
     government'' means--
       (A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, or any other territory or 
     possession of the United States; or
       (B) the government of any political subdivision of a 
     government listed in subparagraph (A).

     SEC. 1554. SPECIAL CONTRACTING PROVISIONS.

       To the maximum extent possible, contracts funded under this 
     Act shall be awarded as fixed-price contracts through the use 
     of competitive procedures. A summary of any contract awarded 
     with such funds that is not fixed-price and not awarded using 
     competitive procedures shall be posted in a special section 
     of the website established in section 1526.

[[Page H1357]]

                TITLE XVI--GENERAL PROVISIONS--THIS ACT


                  RELATIONSHIP TO OTHER APPROPRIATIONS

       Sec. 1601.  Each amount appropriated or made available in 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved. Enactment of this Act shall have no 
     effect on the availability of amounts under the Continuing 
     Appropriations Resolution, 2009 (division A of Public Law 
     110-329).


                 PREFERENCE FOR QUICK-START ACTIVITIES

       Sec. 1602. In using funds made available in this Act for 
     infrastructure investment, recipients shall give preference 
     to activities that can be started and completed 
     expeditiously, including a goal of using at least 50 percent 
     of the funds for activities that can be initiated not later 
     than 120 days after the date of the enactment of this Act. 
     Recipients shall also use grant funds in a manner that 
     maximizes job creation and economic benefit.


                         PERIOD OF AVAILABILITY

       Sec. 1603. All funds appropriated in this Act shall remain 
     available for obligation until September 30, 2010, unless 
     expressly provided otherwise in this Act.


                             LIMIT ON FUNDS

       Sec. 1604. None of the funds appropriated or otherwise made 
     available in this Act may be used by any State or local 
     government, or any private entity, for any casino or other 
     gambling establishment, aquarium, zoo, golf course, or 
     swimming pool.


                              BUY AMERICAN

       Sec. 1605.  Use of American Iron, Steel, and Manufactured 
     Goods. (a) None of the funds appropriated or otherwise made 
     available by this Act may be used for a project for the 
     construction, alteration, maintenance, or repair of a public 
     building or public work unless all of the iron, steel, and 
     manufactured goods used in the project are produced in the 
     United States.
       (b) Subsection (a) shall not apply in any case or category 
     of cases in which the head of the Federal department or 
     agency involved finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) If the head of a Federal department or agency 
     determines that it is necessary to waive the application of 
     subsection (a) based on a finding under subsection (b), the 
     head of the department or agency shall publish in the Federal 
     Register a detailed written justification as to why the 
     provision is being waived.
       (d) This section shall be applied in a manner consistent 
     with United States obligations under international 
     agreements.


                         WAGE RATE REQUIREMENTS

       Sec. 1606. Notwithstanding any other provision of law and 
     in a manner consistent with other provisions in this Act, all 
     laborers and mechanics employed by contractors and 
     subcontractors on projects funded directly by or assisted in 
     whole or in part by and through the Federal Government 
     pursuant to this Act shall be paid wages at rates not less 
     than those prevailing on projects of a character similar in 
     the locality as determined by the Secretary of Labor in 
     accordance with subchapter IV of chapter 31 of title 40, 
     United States Code. With respect to the labor standards 
     specified in this section, the Secretary of Labor shall have 
     the authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.


  ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF 
                                 FUNDS

       Sec. 1607. (a) Certification by Governor.--Not later than 
     45 days after the date of enactment of this Act, for funds 
     provided to any State or agency thereof, the Governor of the 
     State shall certify that: (1) the State will request and use 
     funds provided by this Act; and (2) the funds will be used to 
     create jobs and promote economic growth.
       (b) Acceptance by State Legislature.--If funds provided to 
     any State in any division of this Act are not accepted for 
     use by the Governor, then acceptance by the State 
     legislature, by means of the adoption of a concurrent 
     resolution, shall be sufficient to provide funding to such 
     State.
       (c) Distribution.--After the adoption of a State 
     legislature's concurrent resolution, funding to the State 
     will be for distribution to local governments, councils of 
     government, public entities, and public-private entities 
     within the State either by formula or at the State's 
     discretion.


                   economic stabilization contracting

       Sec. 1608. Reform of Contracting Procedures Under EESA. 
     Section 107(b) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5217(b)) is amended by inserting ``and 
     individuals with disabilities and businesses owned by 
     individuals with disabilities (for purposes of this 
     subsection the term `individual with disability' has the same 
     meaning as the term `handicapped individual' as that term is 
     defined in section 3(f) of the Small Business Act (15 U.S.C. 
     632(f)),'' after ``(12 U.S.C. 1441a(r)(4)),''.
       Sec. 1609. (a) Findings.--
       (1) The National Environmental Policy Act protects public 
     health, safety and environmental quality: by ensuring 
     transparency, accountability and public involvement in 
     federal actions and in the use of public funds;
       (2) When President Nixon signed the National Environmental 
     Policy Act into law on January 1, 1970, he said that the Act 
     provided the ``direction'' for the country to ``regain a 
     productive harmony between man and nature'';
       (3) The National Environmental Policy Act helps to provide 
     an orderly process for considering federal actions and 
     funding decisions and prevents ligation and delay that would 
     otherwise be inevitable and existed prior to the 
     establishment of the National Environmental Policy Act.
       (b) Adequate resources within this bill must be devoted to 
     ensuring that applicable environmental reviews under the 
     National Environmental Policy Act are completed on an 
     expeditious basis and that the shortest existing applicable 
     process under the National Environmental Policy Act shall be 
     utilized.
       (c) The President shall report to the Senate Environment 
     and Public Works Committee and the House Natural Resources 
     Committee every 90 days following the date of enactment until 
     September 30, 2011 on the status and progress of projects and 
     activities funded by this Act with respect to compliance with 
     National Environmental Policy Act requirements and 
     documentation.
       Sec. 1610. (a) None of the funds appropriated or otherwise 
     made available by this Act, for projects initiated after the 
     effective date of this Act, may be used by an executive 
     agency to enter into any Federal contract unless such 
     contract is entered into in accordance with the Federal 
     Property and Administrative Services Act (41 U.S.C. 253) or 
     chapter 137 of title 10, United States Code, and the Federal 
     Acquisition Regulation, unless such contract is otherwise 
     authorized by statute to be entered into without regard to 
     the above referenced statutes.
       (b) All projects to be conducted under the authority of the 
     Indian Self-Determination and Education Assistance Act, the 
     Tribally-Controlled Schools Act, the Sanitation and 
     Facilities Act, the Native American Housing and Self-
     Determination Assistance Act and the Buy-Indian Act shall be 
     identified by the appropriate Secretary and the appropriate 
     Secretary shall incorporate provisions to ensure that the 
     agreement conforms with the provisions of this Act regarding 
     the timing for use of funds and transparency, oversight, 
     reporting, and accountability, including review by the 
     Inspectors General, the Accountability and Transparency 
     Board, and Government Accountability Office, consistent with 
     the objectives of this Act.
       Sec. 1611. Hiring American Workers in Companies Receiving 
     TARP Funding. (a) Short Title.--This section may be cited as 
     the ``Employ American Workers Act''.
       (b) Prohibition.--
       (1) In general.--Notwithstanding any other provision of 
     law, it shall be unlawful for any recipient of funding under 
     title I of the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343) or section 13 of the Federal Reserve Act 
     (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in 
     section 101(a)(15)(h)(i)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the 
     recipient is in compliance with the requirements for an H-1B 
     dependent employer (as defined in section 212(n)(3) of such 
     Act (8 U.S.C. 1182(n)(3))), except that the second sentence 
     of section 212(n)(1)(E)(ii) of such Act shall not apply.
       (2) Defined term.--In this subsection, the term ``hire'' 
     means to permit a new employee to commence a period of 
     employment.
       (c) Sunset Provision.--This section shall be effective 
     during the 2-year period beginning on the date of the 
     enactment of this Act.
       Sec. 1612. During the current fiscal year not to exceed 1 
     percent of any appropriation made available by this Act may 
     be transferred by an agency head between such appropriations 
     funded in this Act of that department or agency: Provided, 
     That such appropriations shall be merged with and available 
     for the same purposes, and for the same time period, as the 
     appropriation to which transferred: Provided further, That 
     the agency head shall notify the Committees on Appropriations 
     of the Senate and House of Representatives of the transfer 15 
     days in advance: Provided further, That notice of any 
     transfer made pursuant to this authority be posted on the 
     website established by the Recovery Act Accountability and 
     Transparency Board 15 days following such transfer: Provided 
     further, That the authority contained in this section is in 
     addition to transfer authorities otherwise available under 
     current law: Provided further, That the authority provided in 
     this section shall not apply to any appropriation that is 
     subject to transfer provisions included elsewhere in this 
     Act.

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

                        TITLE I--TAX PROVISIONS

     SEC. 1000. SHORT TITLE, ETC.

       (a) Short Title.--This title may be cited as the ``American 
     Recovery and Reinvestment Tax Act of 2009''.
       (b) Reference.--Except as otherwise expressly provided, 
     whenever in this title an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Internal Revenue Code of 
     1986.
       (c) Table of Contents.--The table of contents for this 
     title is as follows:

                        TITLE I--TAX PROVISIONS

Sec. 1000. Short title, etc.

          Subtitle A--Tax Relief for Individuals and Families

                       PART I--General Tax Relief

Sec. 1001. Making work pay credit.
Sec. 1002. Temporary increase in earned income tax credit.
Sec. 1003. Temporary increase of refundable portion of child credit.
Sec. 1004. American opportunity tax credit.

[[Page H1358]]

Sec. 1005. Computer technology and equipment allowed as a qualified 
              higher education expense for section 529 accounts in 2009 
              and 2010.
Sec. 1006. Extension of and increase in first-time homebuyer credit; 
              waiver of requirement to repay.
Sec. 1007. Suspension of tax on portion of unemployment compensation.
Sec. 1008. Additional deduction for State sales tax and excise tax on 
              the purchase of certain motor vehicles.

                PART II--Alternative Minimum Tax Relief

Sec. 1011. Extension of alternative minimum tax relief for 
              nonrefundable personal credits.
Sec. 1012. Extension of increased alternative minimum tax exemption 
              amount.

                     Subtitle B--Energy Incentives

                  PART I--Renewable Energy Incentives

Sec. 1101. Extension of credit for electricity produced from certain 
              renewable resources.
Sec. 1102. Election of investment credit in lieu of production credit.
Sec. 1103. Repeal of certain limitations on credit for renewable energy 
              property.
Sec. 1104. Coordination with renewable energy grants.

PART II--Increased Allocations of New Clean Renewable Energy Bonds and 
                  Qualified Energy Conservation Bonds

Sec. 1111. Increased limitation on issuance of new clean renewable 
              energy bonds.
Sec. 1112. Increased limitation on issuance of qualified energy 
              conservation bonds.

                PART III--Energy Conservation Incentives

Sec. 1121. Extension and modification of credit for nonbusiness energy 
              property.
Sec. 1122. Modification of credit for residential energy efficient 
              property.
Sec. 1123. Temporary increase in credit for alternative fuel vehicle 
              refueling property.

    PART IV--Modification of Credit for Carbon Dioxide Sequestration

Sec. 1131. Application of monitoring requirements to carbon dioxide 
              used as a tertiary injectant.

             PART V--Plug-in Electric Drive Motor Vehicles

Sec. 1141. Credit for new qualified plug-in electric drive motor 
              vehicles.
Sec. 1142. Credit for certain plug-in electric vehicles.
Sec. 1143. Conversion kits.
Sec. 1144. Treatment of alternative motor vehicle credit as a personal 
              credit allowed against AMT.

           PART VI--Parity for Transportation Fringe Benefits

Sec. 1151. Increased exclusion amount for commuter transit benefits and 
              transit passes.

                Subtitle C--Tax Incentives for Business

                PART I--Temporary Investment Incentives

Sec. 1201. Special allowance for certain property acquired during 2009.
Sec. 1202. Temporary increase in limitations on expensing of certain 
              depreciable business assets.

                   PART II--Small Business Provisions

Sec. 1211. 5-year carryback of operating losses of small businesses.
Sec. 1212. Decreased required estimated tax payments in 2009 for 
              certain small businesses.

                   PART III--Incentives for New Jobs

Sec. 1221. Incentives to hire unemployed veterans and disconnected 
              youth.

              PART IV--Rules Relating to Debt Instruments

Sec. 1231. Deferral and ratable inclusion of income arising from 
              business indebtedness discharged by the reacquisition of 
              a debt instrument.
Sec. 1232. Modifications of rules for original issue discount on 
              certain high yield obligations.

                 PART V--Qualified Small Business Stock

Sec. 1241. Special rules applicable to qualified small business stock 
              for 2009 and 2010.

                        PART VI--S Corporations

Sec. 1251. Temporary reduction in recognition period for built-in gains 
              tax.

             PART VII--Rules Relating to Ownership Changes

Sec. 1261. Clarification of regulations related to limitations on 
              certain built-in losses following an ownership change.
Sec. 1262. Treatment of certain ownership changes for purposes of 
              limitations on net operating loss carryforwards and 
              certain built-in losses.

             Subtitle D--Manufacturing Recovery Provisions

Sec. 1301. Temporary expansion of availability of industrial 
              development bonds to facilities manufacturing intangible 
              property.
Sec. 1302. Credit for investment in advanced energy facilities.

                  Subtitle E--Economic Recovery Tools

Sec. 1401. Recovery zone bonds.
Sec. 1402. Tribal economic development bonds.
Sec. 1403. Increase in new markets tax credit.
Sec. 1404. Coordination of low-income housing credit and low-income 
              housing grants.

               Subtitle F--Infrastructure Financing Tools

          PART I--Improved Marketability for Tax-Exempt Bonds

Sec. 1501. De minimis safe harbor exception for tax-exempt interest 
              expense of financial institutions.
Sec. 1502. Modification of small issuer exception to tax-exempt 
              interest expense allocation rules for financial 
              institutions.
Sec. 1503. Temporary modification of alternative minimum tax 
              limitations on tax-exempt bonds.
Sec. 1504. Modification to high speed intercity rail facility bonds.

    PART II--Delay in Application of Withholding Tax on Government 
                              Contractors

Sec. 1511. Delay in application of withholding tax on government 
              contractors.

                 PART III--Tax Credit Bonds for Schools

Sec. 1521. Qualified school construction bonds.
Sec. 1522. Extension and expansion of qualified zone academy bonds.

                      PART IV--Build America Bonds

Sec. 1531. Build America bonds.

PART V--Regulated Investment Companies Allowed to Pass-Thru Tax Credit 
                              Bond Credits

Sec. 1541. Regulated investment companies allowed to pass-thru tax 
              credit bond credits.

                      Subtitle G--Other Provisions

Sec. 1601. Application of certain labor standards to projects financed 
              with certain tax-favored bonds.
Sec. 1602. Grants to States for low-income housing projects in lieu of 
              low-income housing credit allocations for 2009.
Sec. 1603. Grants for specified energy property in lieu of tax credits.
Sec. 1604. Increase in public debt limit.

 Subtitle H--Prohibition on Collection of Certain Payments Made Under 
          the Continued Dumping and Subsidy Offset Act of 2000

Sec. 1701. Prohibition on collection of certain payments made under the 
              Continued Dumping and Subsidy Offset Act of 2000.

                Subtitle I--Trade Adjustment Assistance

Sec. 1800. Short title.

            PART I--Trade Adjustment Assistance for Workers

   subpart a--trade adjustment assistance for service sector workers

Sec. 1801. Extension of trade adjustment assistance to service sector 
              and public agency workers; shifts in production.
Sec. 1802. Separate basis for certification.
Sec. 1803. Determinations by Secretary of Labor.
Sec. 1804. Monitoring and reporting relating to service sector.

    subpart b--industry notifications following certain affirmative 
                             determinations

Sec. 1811. Notifications following certain affirmative determinations.
Sec. 1812. Notification to Secretary of Commerce.

                      subpart c--program benefits

Sec. 1821. Qualifying Requirements for Workers.
Sec. 1822. Weekly amounts.
Sec. 1823. Limitations on trade readjustment allowances; allowances for 
              extended training and breaks in training.
Sec. 1824. Special rules for calculation of eligibility period.
Sec. 1825. Application of State laws and regulations on good cause for 
              waiver of time limits or late filing of claims.
Sec. 1826. Employment and case management services.
Sec. 1827. Administrative expenses and employment and case management 
              services.
Sec. 1828. Training funding.
Sec. 1829. Prerequisite education; approved training programs.
Sec. 1830. Pre-layoff and part-time training.
Sec. 1831. On-the-job training.
Sec. 1832. Eligibility for unemployment insurance and program benefits 
              while in training.
Sec. 1833. Job search and relocation allowances.

      subpart d--reemployment trade adjustment assistance program

Sec. 1841. Reemployment trade adjustment assistance program.

                        subpart e--other matters

Sec. 1851. Office of Trade Adjustment Assistance.
Sec. 1852. Accountability of State agencies; collection and publication 
              of program data; agreements with States.
Sec. 1853. Verification of eligibility for program benefits.
Sec. 1854. Collection of data and reports; information to workers.
Sec. 1855. Fraud and recovery of overpayments.
Sec. 1856. Sense of Congress on application of trade adjustment 
              assistance.
Sec. 1857. Consultations in promulgation of regulations.
Sec. 1858. Technical corrections.

             PART II--Trade Adjustment Assistance for Firms

Sec. 1861. Expansion to service sector firms.
Sec. 1862. Modification of requirements for certification.
Sec. 1863. Basis for determinations.
Sec. 1864. Oversight and administration; authorization of 
              appropriations.

[[Page H1359]]

Sec. 1865. Increased penalties for false statements.
Sec. 1866. Annual report on trade adjustment assistance for firms.
Sec. 1867. Technical corrections.

         PART III--Trade Adjustment Assistance for Communities

Sec. 1871. Purpose.
Sec. 1872. Trade adjustment assistance for communities.
Sec. 1873. Conforming amendments.

            PART IV--Trade Adjustment Assistance for Farmers

Sec. 1881. Definitions.
Sec. 1882. Eligibility.
Sec. 1883. Benefits.
Sec. 1884. Report.
Sec. 1885. Fraud and recovery of overpayments.
Sec. 1886. Determination of increases of imports for certain fishermen.
Sec. 1887. Extension of trade adjustment assistance for farmers.

                       PART V--General Provisions

Sec. 1891. Effective date.
Sec. 1892. Extension of trade adjustment assistance programs.
Sec. 1893. Termination; related provisions.
Sec. 1894. Government Accountability Office report.
Sec. 1895. Emergency designation.

                  PART VI--Health Coverage Improvement

Sec. 1899. Short title.
Sec. 1899A. Improvement of the affordability of the credit.
Sec. 1899B. Payment for monthly premiums paid prior to commencement of 
              advance payments of credit.
Sec. 1899C. TAA recipients not enrolled in training programs eligible 
              for credit.
Sec. 1899D. TAA pre-certification period rule for purposes of 
              determining whether there is a 63-day lapse in creditable 
              coverage.
Sec. 1899E. Continued qualification of family members after certain 
              events.
Sec. 1899F. Extension of COBRA benefits for certain TAA-eligible 
              individuals and PBGC recipients.
Sec. 1899G. Addition of coverage through voluntary employees' 
              beneficiary associations.
Sec. 1899H. Notice requirements.
Sec. 1899I. Survey and report on enhanced health coverage tax credit 
              program.
Sec. 1899J. Authorization of appropriations.
Sec. 1899K. Extension of national emergency grants.
Sec. 1899L. GAO study and report.

          Subtitle A--Tax Relief for Individuals and Families

                       PART I--GENERAL TAX RELIEF

     SEC. 1001. MAKING WORK PAY CREDIT.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 36 the 
     following new section:

     ``SEC. 36A. MAKING WORK PAY CREDIT.

       ``(a) Allowance of Credit.--In the case of an eligible 
     individual, there shall be allowed as a credit against the 
     tax imposed by this subtitle for the taxable year an amount 
     equal to the lesser of--
       ``(1) 6.2 percent of earned income of the taxpayer, or
       ``(2) $400 ($800 in the case of a joint return).
       ``(b) Limitation Based on Modified Adjusted Gross Income.--
       ``(1) In general.--The amount allowable as a credit under 
     subsection (a) (determined without regard to this paragraph 
     and subsection (c)) for the taxable year shall be reduced 
     (but not below zero) by 2 percent of so much of the 
     taxpayer's modified adjusted gross income as exceeds $75,000 
     ($150,000 in the case of a joint return).
       ``(2) Modified adjusted gross income.--For purposes of 
     subparagraph (A), the term `modified adjusted gross income' 
     means the adjusted gross income of the taxpayer for the 
     taxable year increased by any amount excluded from gross 
     income under section 911, 931, or 933.
       ``(c) Reduction for Certain Other Payments.--The credit 
     allowed under subsection (a) for any taxable year shall be 
     reduced by the amount of any payments received by the 
     taxpayer during such taxable year under section 2201, and any 
     credit allowed to the taxpayer under section 2202, of the 
     American Recovery and Reinvestment Tax Act of 2009.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Eligible individual.--
       ``(A) In general.--The term `eligible individual' means any 
     individual other than--
       ``(i) any nonresident alien individual,
       ``(ii) any individual with respect to whom a deduction 
     under section 151 is allowable to another taxpayer for a 
     taxable year beginning in the calendar year in which the 
     individual's taxable year begins, and
       ``(iii) an estate or trust.
       ``(B) Identification number requirement.--Such term shall 
     not include any individual who does not include on the return 
     of tax for the taxable year--
       ``(i) such individual's social security account number, and
       ``(ii) in the case of a joint return, the social security 
     account number of one of the taxpayers on such return.
     For purposes of the preceding sentence, the social security 
     account number shall not include a TIN issued by the Internal 
     Revenue Service.
       ``(2) Earned income.--The term `earned income' has the 
     meaning given such term by section 32(c)(2), except that such 
     term shall not include net earnings from self-employment 
     which are not taken into account in computing taxable income. 
     For purposes of the preceding sentence, any amount excluded 
     from gross income by reason of section 112 shall be treated 
     as earned income which is taken into account in computing 
     taxable income for the taxable year.
       ``(e) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2010.''.
       (b) Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possession.--The Secretary of the Treasury 
     shall pay to each possession of the United States with a 
     mirror code tax system amounts equal to the loss to that 
     possession by reason of the amendments made by this section 
     with respect to taxable years beginning in 2009 and 2010. 
     Such amounts shall be determined by the Secretary of the 
     Treasury based on information provided by the government of 
     the respective possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits that would have been provided to residents of such 
     possession by reason of the amendments made by this section 
     for taxable years beginning in 2009 and 2010 if a mirror code 
     tax system had been in effect in such possession. The 
     preceding sentence shall not apply with respect to any 
     possession of the United States unless such possession has a 
     plan, which has been approved by the Secretary of the 
     Treasury, under which such possession will promptly 
     distribute such payments to the residents of such possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes for any taxable year under section 36A of 
     the Internal Revenue Code of 1986 (as added by this section) 
     to any person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of the amendments made by this 
     section for such taxable year, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B) with respect to such taxable year.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 36A of the 
     Internal Revenue Code of 1986 (as added by this section).
       (c) Refunds Disregarded in the Administration of Federal 
     Programs and Federally Assisted Programs.--Any credit or 
     refund allowed or made to any individual by reason of section 
     36A of the Internal Revenue Code of 1986 (as added by this 
     section) or by reason of subsection (b) of this section shall 
     not be taken into account as income and shall not be taken 
     into account as resources for the month of receipt and the 
     following 2 months, for purposes of determining the 
     eligibility of such individual or any other individual for 
     benefits or assistance, or the amount or extent of benefits 
     or assistance, under any Federal program or under any State 
     or local program financed in whole or in part with Federal 
     funds.
       (d) Authority Relating to Clerical Errors.--Section 
     6213(g)(2) is amended by striking ``and'' at the end of 
     subparagraph (L)(ii), by striking the period at the end of 
     subparagraph (M) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(N) an omission of the reduction required under section 
     36A(c) with respect to the credit allowed under section 36A 
     or an omission of the correct social security account number 
     required under section 36A(d)(1)(B).''.
       (e) Conforming Amendments.--
       (1) Section 6211(b)(4)(A) is amended by inserting ``36A,'' 
     after ``36,''.
       (2) Section 1324(b)(2) of title 31, United States Code, is 
     amended by inserting ``36A,'' after ``36,''.
       (3) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 36 the following new item:

``Sec. 36A. Making work pay credit.''.

       (f) Effective Date.--This section, and the amendments made 
     by this section, shall apply to taxable years beginning after 
     December 31, 2008.

     SEC. 1002. TEMPORARY INCREASE IN EARNED INCOME TAX CREDIT.

       (a) In General.--Subsection (b) of section 32 is amended by 
     adding at the end the following new paragraph:
       ``(3) Special rules for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010--
       ``(A) Increased credit percentage for 3 or more qualifying 
     children.--In the case of a taxpayer with 3 or more 
     qualifying children, the credit percentage is 45 percent.
       ``(B) Reduction of marriage penalty.--
       ``(i) In general.--The dollar amount in effect under 
     paragraph (2)(B) shall be $5,000.
       ``(ii) Inflation adjustment.--In the case of any taxable 
     year beginning in 2010, the $5,000 amount in clause (i) shall 
     be increased by an amount equal to--

[[Page H1360]]

       ``(I) such dollar amount, multiplied by
       ``(II) the cost of living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins determined by substituting `calendar year 2008' 
     for `calendar year 1992' in subparagraph (B) thereof.

       ``(iii) Rounding.--Subparagraph (A) of subsection (j)(2) 
     shall apply after taking into account any increase under 
     clause (ii).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1003. TEMPORARY INCREASE OF REFUNDABLE PORTION OF CHILD 
                   CREDIT.

       (a) In General.--Paragraph (4) of section 24(d) is amended 
     to read as follows:
       ``(4) Special rule for 2009 and 2010.--Notwithstanding 
     paragraph (3), in the case of any taxable year beginning in 
     2009 or 2010, the dollar amount in effect for such taxable 
     year under paragraph (1)(B)(i) shall be $3,000.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1004. AMERICAN OPPORTUNITY TAX CREDIT.

       (a) In General.--Section 25A (relating to Hope scholarship 
     credit) is amended by redesignating subsection (i) as 
     subsection (j) and by inserting after subsection (h) the 
     following new subsection:
       ``(i) American Opportunity Tax Credit.--In the case of any 
     taxable year beginning in 2009 or 2010--
       ``(1) Increase in credit.--The Hope Scholarship Credit 
     shall be an amount equal to the sum of--
       ``(A) 100 percent of so much of the qualified tuition and 
     related expenses paid by the taxpayer during the taxable year 
     (for education furnished to the eligible student during any 
     academic period beginning in such taxable year) as does not 
     exceed $2,000, plus
       ``(B) 25 percent of such expenses so paid as exceeds $2,000 
     but does not exceed $4,000.
       ``(2) Credit allowed for first 4 years of post-secondary 
     education.--Subparagraphs (A) and (C) of subsection (b)(2) 
     shall be applied by substituting `4' for `2'.
       ``(3) Qualified tuition and related expenses to include 
     required course materials.--Subsection (f)(1)(A) shall be 
     applied by substituting `tuition, fees, and course materials' 
     for `tuition and fees'.
       ``(4) Increase in agi limits for hope scholarship credit.--
     In lieu of applying subsection (d) with respect to the Hope 
     Scholarship Credit, such credit (determined without regard to 
     this paragraph) shall be reduced (but not below zero) by the 
     amount which bears the same ratio to such credit (as so 
     determined) as--
       ``(A) the excess of--
       ``(i) the taxpayer's modified adjusted gross income (as 
     defined in subsection (d)(3)) for such taxable year, over
       ``(ii) $80,000 ($160,000 in the case of a joint return), 
     bears to
       ``(B) $10,000 ($20,000 in the case of a joint return).
       ``(5) Credit allowed against alternative minimum tax.--In 
     the case of a taxable year to which section 26(a)(2) does not 
     apply, so much of the credit allowed under subsection (a) as 
     is attributable to the Hope Scholarship Credit shall not 
     exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this subsection and sections 23, 25D, and 30D) 
     and section 27 for the taxable year.

     Any reference in this section or section 24, 25, 26, 25B, 
     904, or 1400C to a credit allowable under this subsection 
     shall be treated as a reference to so much of the credit 
     allowable under subsection (a) as is attributable to the Hope 
     Scholarship Credit.
       ``(6) Portion of credit made refundable.--40 percent of so 
     much of the credit allowed under subsection (a) as is 
     attributable to the Hope Scholarship Credit (determined after 
     application of paragraph (4) and without regard to this 
     paragraph and section 26(a)(2) or paragraph (5), as the case 
     may be) shall be treated as a credit allowable under subpart 
     C (and not allowed under subsection (a)). The preceding 
     sentence shall not apply to any taxpayer for any taxable year 
     if such taxpayer is a child to whom subsection (g) of section 
     1 applies for such taxable year.
       ``(7) Coordination with midwestern disaster area 
     benefits.--In the case of a taxpayer with respect to whom 
     section 702(a)(1)(B) of the Heartland Disaster Tax Relief Act 
     of 2008 applies for any taxable year, such taxpayer may elect 
     to waive the application of this subsection to such taxpayer 
     for such taxable year.''.
       (b) Conforming Amendments.--
       (1) Section 24(b)(3)(B) is amended by inserting ``25A(i),'' 
     after ``23,''.
       (2) Section 25(e)(1)(C)(ii) is amended by inserting 
     ``25A(i),'' after ``24,''.
       (3) Section 26(a)(1) is amended by inserting ``25A(i),'' 
     after ``24,''.
       (4) Section 25B(g)(2) is amended by inserting ``25A(i),'' 
     after ``23,''.
       (5) Section 904(i) is amended by inserting ``25A(i),'' 
     after ``24,''.
       (6) Section 1400C(d)(2) is amended by inserting ``25A(i),'' 
     after ``24,''.
       (7) Section 6211(b)(4)(A) is amended by inserting ``25A by 
     reason of subsection (i)(6) thereof,'' after ``24(d),''.
       (8) Section 1324(b)(2) of title 31, United States Code, is 
     amended by inserting ``25A,'' before ``35''.
       (c) Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possession.--The Secretary of the Treasury 
     shall pay to each possession of the United States with a 
     mirror code tax system amounts equal to the loss to that 
     possession by reason of the application of section 25A(i)(6) 
     of the Internal Revenue Code of 1986 (as added by this 
     section) with respect to taxable years beginning in 2009 and 
     2010. Such amounts shall be determined by the Secretary of 
     the Treasury based on information provided by the government 
     of the respective possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits that would have been provided to residents of such 
     possession by reason of the application of section 25A(i)(6) 
     of such Code (as so added) for taxable years beginning in 
     2009 and 2010 if a mirror code tax system had been in effect 
     in such possession. The preceding sentence shall not apply 
     with respect to any possession of the United States unless 
     such possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payments to the residents of such 
     possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--Section 25A(i)(6) of such Code (as added by 
     this section) shall not apply to a bona fide resident of any 
     possession of the United States.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 25A of the 
     Internal Revenue Code of 1986 by reason of subsection (i)(6) 
     of such section (as added by this section).
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (e) Application of EGTRRA Sunset.--The amendment made by 
     subsection (b)(1) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.
       (f) Treasury Studies Regarding Education Incentives.--
       (1) Study regarding coordination with non-tax student 
     financial assistance.--The Secretary of the Treasury and the 
     Secretary of Education, or their delegates, shall--
       (A) study how to coordinate the credit allowed under 
     section 25A of the Internal Revenue Code of 1986 with the 
     Federal Pell Grant program under section 401 of the Higher 
     Education Act of 1965 to maximize their effectiveness at 
     promoting college affordability, and
       (B) examine ways to expedite the delivery of the tax 
     credit.
       (2) Study regarding inclusion of community service 
     requirements.--The Secretary of the Treasury and the 
     Secretary of Education, or their delegates, shall study the 
     feasibility of requiring including community service as a 
     condition of taking their tuition and related expenses into 
     account under section 25A of the Internal Revenue Code of 
     1986.
       (3) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of the Treasury, or the 
     Secretary's delegate, shall report to Congress on the results 
     of the studies conducted under this paragraph.

     SEC. 1005. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A 
                   QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 
                   529 ACCOUNTS IN 2009 AND 2010.

       (a) In General.--Section 529(e)(3)(A) is amended by 
     striking ``and'' at the end of clause (i), by striking the 
     period at the end of clause (ii), and by adding at the end 
     the following:
       ``(iii) expenses paid or incurred in 2009 or 2010 for the 
     purchase of any computer technology or equipment (as defined 
     in section 170(e)(6)(F)(i)) or Internet access and related 
     services, if such technology, equipment, or services are to 
     be used by the beneficiary and the beneficiary's family 
     during any of the years the beneficiary is enrolled at an 
     eligible educational institution.
     Clause (iii) shall not include expenses for computer software 
     designed for sports, games, or hobbies unless the software is 
     predominantly educational in nature.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to expenses paid or incurred after December 31, 
     2008.

     SEC. 1006. EXTENSION OF AND INCREASE IN FIRST-TIME HOMEBUYER 
                   CREDIT; WAIVER OF REQUIREMENT TO REPAY.

       (a) Extension.--
       (1) In general.--Section 36(h) is amended by striking 
     ``July 1, 2009'' and inserting ``December 1, 2009''.
       (2) Conforming amendment.--Section 36(g) is amended by 
     striking ``July 1, 2009'' and inserting ``December 1, 2009''.
       (b) Increase.--
       (1) In general.--Section 36(b) is amended by striking 
     ``$7,500'' each place it appears and inserting ``$8,000''.
       (2) Conforming amendment.--Section 36(b)(1)(B) is amended 
     by striking ``$3,750'' and inserting ``$4,000''.
       (c) Waiver of Recapture.--
       (1) In general.--Paragraph (4) of section 36(f) is amended 
     by adding at the end the following new subparagraph:

[[Page H1361]]

       ``(D) Waiver of recapture for purchases in 2009.--In the 
     case of any credit allowed with respect to the purchase of a 
     principal residence after December 31, 2008, and before 
     December 1, 2009--
       ``(i) paragraph (1) shall not apply, and
       ``(ii) paragraph (2) shall apply only if the disposition or 
     cessation described in paragraph (2) with respect to such 
     residence occurs during the 36-month period beginning on the 
     date of the purchase of such residence by the taxpayer.''.
       (2) Conforming amendment.--Subsection (g) of section 36 is 
     amended by striking ``subsection (c)'' and inserting 
     ``subsections (c) and (f)(4)(D)''.
       (d) Coordination With First-Time Homebuyer Credit for 
     District of Columbia.--
       (1) In general.--Subsection (e) of section 1400C is amended 
     by adding at the end the following new paragraph:
       ``(4) Coordination with national first-time homebuyers 
     credit.--No credit shall be allowed under this section to any 
     taxpayer with respect to the purchase of a residence after 
     December 31, 2008, and before December 1, 2009, if a credit 
     under section 36 is allowable to such taxpayer (or the 
     taxpayer's spouse) with respect to such purchase.''.
       (2) Conforming amendment.--Section 36(d) is amended by 
     striking paragraph (1).
       (e) Removal of Prohibition on Financing by Mortgage Revenue 
     Bonds.--Section 36(d), as amended by subsection (c)(2), is 
     amended by striking paragraph (2) and by redesignating 
     paragraphs (3) and (4) as paragraphs (1) and (2), 
     respectively.
       (f) Effective Date.--The amendments made by this section 
     shall apply to residences purchased after December 31, 2008.

     SEC. 1007. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT 
                   COMPENSATION.

       (a) In General.--Section 85 of the Internal Revenue Code of 
     1986 (relating to unemployment compensation) is amended by 
     adding at the end the following new subsection:
       ``(c) Special Rule for 2009.--In the case of any taxable 
     year beginning in 2009, gross income shall not include so 
     much of the unemployment compensation received by an 
     individual as does not exceed $2,400.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1008. ADDITIONAL DEDUCTION FOR STATE SALES TAX AND 
                   EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR 
                   VEHICLES.

       (a) In General.--Subsection (a) of section 164 is amended 
     by inserting after paragraph (5) the following new paragraph:
       ``(6) Qualified motor vehicle taxes.''.
       (b) Qualified Motor Vehicle Taxes.--Subsection (b) of 
     section 164 is amended by adding at the end the following new 
     paragraph:
       ``(6) Qualified motor vehicle taxes.--
       ``(A) In general.--For purposes of this section, the term 
     `qualified motor vehicle taxes' means any State or local 
     sales or excise tax imposed on the purchase of a qualified 
     motor vehicle.
       ``(B) Limitation based on vehicle price.--The amount of any 
     State or local sales or excise tax imposed on the purchase of 
     a qualified motor vehicle taken into account under 
     subparagraph (A) shall not exceed the portion of such tax 
     attributable to so much of the purchase price as does not 
     exceed $49,500.
       ``(C) Income limitation.--The amount otherwise taken into 
     account under subparagraph (A) (after the application of 
     subparagraph (B)) for any taxable year shall be reduced (but 
     not below zero) by the amount which bears the same ratio to 
     the amount which is so treated as--
       ``(i) the excess (if any) of--

       ``(I) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(II) $125,000 ($250,000 in the case of a joint return), 
     bears to

       ``(ii) $10,000.

     For purposes of the preceding sentence, the term `modified 
     adjusted gross income' means the adjusted gross income of the 
     taxpayer for the taxable year (determined without regard to 
     sections 911, 931, and 933).
       ``(D) Qualified motor vehicle.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `qualified motor vehicle' 
     means--

       ``(I) a passenger automobile or light truck which is 
     treated as a motor vehicle for purposes of title II of the 
     Clean Air Act, the gross vehicle weight rating of which is 
     not more than 8,500 pounds, and the original use of which 
     commences with the taxpayer,
       ``(II) a motorcycle the gross vehicle weight rating of 
     which is not more than 8,500 pounds and the original use of 
     which commences with the taxpayer, and
       ``(III) a motor home the original use of which commences 
     with the taxpayer.

       ``(ii) Other terms.--The terms `motorcycle' and `motor 
     home' have the meanings given such terms under section 571.3 
     of title 49, Code of Federal Regulations (as in effect on the 
     date of the enactment of this paragraph).
       ``(E) Qualified motor vehicle taxes not included in cost of 
     acquired property.--The last sentence of subsection (a) shall 
     not apply to any qualified motor vehicle taxes.
       ``(F) Coordination with general sales tax.--This paragraph 
     shall not apply in the case of a taxpayer who makes an 
     election under paragraph (5) for the taxable year.
       ``(G) Termination.--This paragraph shall not apply to 
     purchases after December 31, 2009.''.
       (c) Deduction Allowed to Nonitemizers.--
       (1) In general.--Paragraph (1) of section 63(c) is amended 
     by striking ``and'' at the end of subparagraph (C), by 
     striking the period at the end of subparagraph (D) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(E) the motor vehicle sales tax deduction.''.
       (2) Definition.--Section 63(c) is amended by adding at the 
     end the following new paragraph:
       ``(9) Motor vehicle sales tax deduction.--For purposes of 
     paragraph (1), the term `motor vehicle sales tax deduction' 
     means the amount allowable as a deduction under section 
     164(a)(6). Such term shall not include any amount taken into 
     account under section 62(a).''.
       (d) Treatment of Deduction Under Alternative Minimum Tax.--
     The last sentence of section 56(b)(1)(E) is amended by 
     striking ``section 63(c)(1)(D)'' and inserting 
     ``subparagraphs (D) and (E) of section 63(c)(1)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to purchases on or after the date of the 
     enactment of this Act in taxable years ending after such 
     date.

                PART II--ALTERNATIVE MINIMUM TAX RELIEF

     SEC. 1011. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR 
                   NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) (relating 
     to special rule for taxable years 2000 through 2008) is 
     amended--
       (1) by striking ``or 2008'' and inserting ``2008, or 
     2009'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1012. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX 
                   EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) (relating 
     to exemption amount) is amended--
       (1) by striking ``($69,950 in the case of taxable years 
     beginning in 2008)'' in subparagraph (A) and inserting 
     ``($70,950 in the case of taxable years beginning in 2009)'', 
     and
       (2) by striking ``($46,200 in the case of taxable years 
     beginning in 2008)'' in subparagraph (B) and inserting 
     ``($46,700 in the case of taxable years beginning in 2009)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                     Subtitle B--Energy Incentives

                  PART I--RENEWABLE ENERGY INCENTIVES

     SEC. 1101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   CERTAIN RENEWABLE RESOURCES.

       (a) In General.--Subsection (d) of section 45 is amended--
       (1) by striking ``2010'' in paragraph (1) and inserting 
     ``2013'',
       (2) by striking ``2011'' each place it appears in 
     paragraphs (2), (3), (4), (6), (7) and (9) and inserting 
     ``2014'', and
       (3) by striking ``2012'' in paragraph (11)(B) and inserting 
     ``2014''.
       (b) Technical Amendment.--Paragraph (5) of section 45(d) is 
     amended by striking ``and before'' and all that follows and 
     inserting `` and before October 3, 2008.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
       (2) Technical amendment.--The amendment made by subsection 
     (b) shall take effect as if included in section 102 of the 
     Energy Improvement and Extension Act of 2008.

     SEC. 1102. ELECTION OF INVESTMENT CREDIT IN LIEU OF 
                   PRODUCTION CREDIT.

       (a) In General.--Subsection (a) of section 48 is amended by 
     adding at the end the following new paragraph:
       ``(5) Election to treat qualified facilities as energy 
     property.--
       ``(A) In general.--In the case of any qualified property 
     which is part of a qualified investment credit facility--
       ``(i) such property shall be treated as energy property for 
     purposes of this section, and
       ``(ii) the energy percentage with respect to such property 
     shall be 30 percent.
       ``(B) Denial of production credit.--No credit shall be 
     allowed under section 45 for any taxable year with respect to 
     any qualified investment credit facility.
       ``(C) Qualified investment credit facility.--For purposes 
     of this paragraph, the term `qualified investment credit 
     facility' means any of the following facilities if no credit 
     has been allowed under section 45 with respect to such 
     facility and the taxpayer makes an irrevocable election to 
     have this paragraph apply to such facility:
       ``(i) Wind facilities.--Any qualified facility (within the 
     meaning of section 45) described in paragraph (1) of section 
     45(d) if such facility is placed in service in 2009, 2010, 
     2011, or 2012.
       ``(ii) Other facilities.--Any qualified facility (within 
     the meaning of section 45) described in paragraph (2), (3), 
     (4), (6), (7), (9), or (11) of section 45(d) if such facility 
     is placed in service in 2009, 2010, 2011, 2012, or 2013.
       ``(D) Qualified property.--For purposes of this paragraph, 
     the term `qualified property' means property--
       ``(i) which is--

       ``(I) tangible personal property, or
       ``(II) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualified investment credit 
     facility, and

       ``(ii) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to facilities placed in service after December 
     31, 2008.

     SEC. 1103. REPEAL OF CERTAIN LIMITATIONS ON CREDIT FOR 
                   RENEWABLE ENERGY PROPERTY.

       (a) Repeal of Limitation on Credit for Qualified Small Wind 
     Energy Property.--

[[Page H1362]]

     Paragraph (4) of section 48(c) is amended by striking 
     subparagraph (B) and by redesignating subparagraphs (C) and 
     (D) as subparagraphs (B) and (C).
       (b) Repeal of Limitation on Property Financed by Subsidized 
     Energy Financing.--
       (1) In general.--Section 48(a)(4) is amended by adding at 
     the end the following new subparagraph:
       ``(D) Termination.--This paragraph shall not apply to 
     periods after December 31, 2008, under rules similar to the 
     rules of section 48(m) (as in effect on the day before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).''.
       (2) Conforming amendments.--
       (A) Section 25C(e)(1) is amended by striking ``(8), and 
     (9)'' and inserting ``and (8)''.
       (B) Section 25D(e) is amended by striking paragraph (9).
       (C) Section 48A(b)(2) is amended by inserting ``(without 
     regard to subparagraph (D) thereof)'' after ``section 
     48(a)(4)''.
       (D) Section 48B(b)(2) is amended by inserting ``(without 
     regard to subparagraph (D) thereof)'' after ``section 
     48(a)(4)''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply to periods after 
     December 31, 2008, under rules similar to the rules of 
     section 48(m) of the Internal Revenue Code of 1986 (as in 
     effect on the day before the date of the enactment of the 
     Revenue Reconciliation Act of 1990).
       (2) Conforming amendments.--The amendments made by 
     subparagraphs (A) and (B) of subsection (b)(2) shall apply to 
     taxable years beginning after December 31, 2008.

     SEC. 1104. COORDINATION WITH RENEWABLE ENERGY GRANTS.

       Section 48 is amended by adding at the end the following 
     new subsection:
       ``(d) Coordination With Department of Treasury Grants.--In 
     the case of any property with respect to which the Secretary 
     makes a grant under section 1603 of the American Recovery and 
     Reinvestment Tax Act of 2009--
       ``(1) Denial of production and investment credits.--No 
     credit shall be determined under this section or section 45 
     with respect to such property for the taxable year in which 
     such grant is made or any subsequent taxable year.
       ``(2) Recapture of credits for progress expenditures made 
     before grant.--If a credit was determined under this section 
     with respect to such property for any taxable year ending 
     before such grant is made--
       ``(A) the tax imposed under subtitle A on the taxpayer for 
     the taxable year in which such grant is made shall be 
     increased by so much of such credit as was allowed under 
     section 38,
       ``(B) the general business carryforwards under section 39 
     shall be adjusted so as to recapture the portion of such 
     credit which was not so allowed, and
       ``(C) the amount of such grant shall be determined without 
     regard to any reduction in the basis of such property by 
     reason of such credit.
       ``(3) Treatment of grants.--Any such grant shall--
       ``(A) not be includible in the gross income of the 
     taxpayer, but
       ``(B) shall be taken into account in determining the basis 
     of the property to which such grant relates, except that the 
     basis of such property shall be reduced under section 50(c) 
     in the same manner as a credit allowed under subsection 
     (a).''.

PART II--INCREASED ALLOCATIONS OF NEW CLEAN RENEWABLE ENERGY BONDS AND 
                  QUALIFIED ENERGY CONSERVATION BONDS

     SEC. 1111. INCREASED LIMITATION ON ISSUANCE OF NEW CLEAN 
                   RENEWABLE ENERGY BONDS.

       Subsection (c) of section 54C is amended by adding at the 
     end the following new paragraph:
       ``(4) Additional limitation.--The national new clean 
     renewable energy bond limitation shall be increased by 
     $1,600,000,000. Such increase shall be allocated by the 
     Secretary consistent with the rules of paragraphs (2) and 
     (3).''.

     SEC. 1112. INCREASED LIMITATION ON ISSUANCE OF QUALIFIED 
                   ENERGY CONSERVATION BONDS.

       (a) In General.--Section 54D(d) is amended by striking 
     ``$800,000,000'' and inserting ``$3,200,000,000''.
       (b) Clarification With Respect to Green Community 
     Programs.--
       (1) In general.--Clause (ii) of section 54D(f)(1)(A) is 
     amended by inserting ``(including the use of loans, grants, 
     or other repayment mechanisms to implement such programs)'' 
     after ``green community programs''.
       (2) Special rules for bonds for implementing green 
     community programs.--Subsection (e) of section 54D is amended 
     by adding at the end the following new paragraph:
       ``(4) Special rules for bonds to implement green community 
     programs.--In the case of any bond issued for the purpose of 
     providing loans, grants, or other repayment mechanisms for 
     capital expenditures to implement green community programs, 
     such bond shall not be treated as a private activity bond for 
     purposes of paragraph (3).''.

                PART III--ENERGY CONSERVATION INCENTIVES

     SEC. 1121. EXTENSION AND MODIFICATION OF CREDIT FOR 
                   NONBUSINESS ENERGY PROPERTY.

       (a) In General.--Section 25C is amended by striking 
     subsections (a) and (b) and inserting the following new 
     subsections:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to 30 
     percent of the sum of--
       ``(1) the amount paid or incurred by the taxpayer during 
     such taxable year for qualified energy efficiency 
     improvements, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitation.--The aggregate amount of the credits 
     allowed under this section for taxable years beginning in 
     2009 and 2010 with respect to any taxpayer shall not exceed 
     $1,500.''.
       (b) Modifications of Standards for Energy-Efficient 
     Building Property.--
       (1) Electric heat pumps.--Subparagraph (B) of section 
     25C(d)(3) is amended to read as follows:
       ``(B) an electric heat pump which achieves the highest 
     efficiency tier established by the Consortium for Energy 
     Efficiency, as in effect on January 1, 2009.''.
       (2) Central air conditioners.--Subparagraph (C) of section 
     25C(d)(3) is amended by striking ``2006'' and inserting 
     ``2009''.
       (3) Water heaters.--Subparagraph (D) of section 25C(d)(3) 
     is amended to read as follows:
       ``(D) a natural gas, propane, or oil water heater which has 
     either an energy factor of at least 0.82 or a thermal 
     efficiency of at least 90 percent.''.
       (4) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by inserting ``, as measured using a lower heating 
     value'' after ``75 percent''.
       (c) Modifications of Standards for Oil Furnaces and Hot 
     Water Boilers.--
       (1) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, and oil furnaces and 
     hot water boilers.--
       ``(A) Qualified natural gas furnace.--The term `qualified 
     natural gas furnace' means any natural gas furnace which 
     achieves an annual fuel utilization efficiency rate of not 
     less than 95.
       ``(B) Qualified natural gas hot water boiler.--The term 
     `qualified natural gas hot water boiler' means any natural 
     gas hot water boiler which achieves an annual fuel 
     utilization efficiency rate of not less than 90.
       ``(C) Qualified propane furnace.--The term `qualified 
     propane furnace' means any propane furnace which achieves an 
     annual fuel utilization efficiency rate of not less than 95.
       ``(D) Qualified propane hot water boiler.--The term 
     `qualified propane hot water boiler' means any propane hot 
     water boiler which achieves an annual fuel utilization 
     efficiency rate of not less than 90.
       ``(E) Qualified oil furnaces.--The term `qualified oil 
     furnace' means any oil furnace which achieves an annual fuel 
     utilization efficiency rate of not less than 90.
       ``(F) Qualified oil hot water boiler.--The term `qualified 
     oil hot water boiler' means any oil hot water boiler which 
     achieves an annual fuel utilization efficiency rate of not 
     less than 90.''.
       (2) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) any qualified natural gas furnace, qualified propane 
     furnace, qualified oil furnace, qualified natural gas hot 
     water boiler, qualified propane hot water boiler, or 
     qualified oil hot water boiler, or''.
       (d) Modifications of Standards for Qualified Energy 
     Efficiency Improvements.--
       (1) Qualifications for exterior windows, doors, and 
     skylights.--Subsection (c) of section 25C is amended by 
     adding at the end the following new paragraph:
       ``(4) Qualifications for exterior windows, doors, and 
     skylights.--Such term shall not include any component 
     described in subparagraph (B) or (C) of paragraph (2) unless 
     such component is equal to or below a U factor of 0.30 and 
     SHGC of 0.30.''.
       (2) Additional qualification for insulation.--Subparagraph 
     (A) of section 25C(c)(2) is amended by inserting ``and meets 
     the prescriptive criteria for such material or system 
     established by the 2009 International Energy Conservation 
     Code, as such Code (including supplements) is in effect on 
     the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009'' after ``such dwelling unit''.
       (e) Extension.--Section 25C(g)(2) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2010''.
       (f) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2008.
       (2) Efficiency standards.--The amendments made by 
     paragraphs (1), (2), and (3) of subsection (b) and 
     subsections (c) and (d) shall apply to property placed in 
     service after the date of the enactment of this Act.

     SEC. 1122. MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY 
                   EFFICIENT PROPERTY.

       (a) Removal of Credit Limitation for Property Placed in 
     Service.--
       (1) In general.--Paragraph (1) of section 25D(b) is amended 
     to read as follows:
       ``(1) Maximum credit for fuel cells.--In the case of any 
     qualified fuel cell property expenditure, the credit allowed 
     under subsection (a) (determined without regard to subsection 
     (c)) for any taxable year shall not exceed $500 with respect 
     to each half kilowatt of capacity of the qualified fuel cell 
     property (as defined in section 48(c)(1)) to which such 
     expenditure relates.''.
       (2) Conforming amendment.--Paragraph (4) of section 25D(e) 
     is amended--
       (A) by striking all that precedes subparagraph (B) and 
     inserting the following:
       ``(4) Fuel cell expenditure limitations in case of joint 
     occupancy.--In the case of any dwelling unit with respect to 
     which qualified fuel cell property expenditures are made and

[[Page H1363]]

     which is jointly occupied and used during any calendar year 
     as a residence by two or more individuals, the following 
     rules shall apply:
       ``(A) Maximum expenditures for fuel cells.--The maximum 
     amount of such expenditures which may be taken into account 
     under subsection (a) by all such individuals with respect to 
     such dwelling unit during such calendar year shall be $1,667 
     in the case of each half kilowatt of capacity of qualified 
     fuel cell property (as defined in section 48(c)(1)) with 
     respect to which such expenditures relate.'', and
       (B) by striking subparagraph (C).
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1123. TEMPORARY INCREASE IN CREDIT FOR ALTERNATIVE FUEL 
                   VEHICLE REFUELING PROPERTY.

       (a) In General.--Section 30C(e) is amended by adding at the 
     end the following new paragraph:
       ``(6) Special rule for property placed in service during 
     2009 and 2010.--In the case of property placed in service in 
     taxable years beginning after December 31, 2008, and before 
     January 1, 2011--
       ``(A) in the case of any such property which does not 
     relate to hydrogen--
       ``(i) subsection (a) shall be applied by substituting `50 
     percent' for `30 percent',
       ``(ii) subsection (b)(1) shall be applied by substituting 
     `$50,000' for `$30,000', and
       ``(iii) subsection (b)(2) shall be applied by substituting 
     `$2,000' for `$1,000', and
       ``(B) in the case of any such property which relates to 
     hydrogen, subsection (b)(1) shall be applied by substituting 
     `$200,000' for `$30,000'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

    PART IV--MODIFICATION OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION

     SEC. 1131. APPLICATION OF MONITORING REQUIREMENTS TO CARBON 
                   DIOXIDE USED AS A TERTIARY INJECTANT.

       (a) In General.--Section 45Q(a)(2) is amended by striking 
     ``and'' at the end of subparagraph (A), by striking the 
     period at the end of subparagraph (B) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) disposed of by the taxpayer in secure geological 
     storage.''.
       (b) Conforming Amendments.--
       (1) Section 45Q(d)(2) is amended--
       (A) by striking ``subsection (a)(1)(B)'' and inserting 
     ``paragraph (1)(B) or (2)(C) of subsection (a)'',
       (B) by striking ``and unminable coal seems'' and inserting 
     ``, oil and gas reservoirs, and unminable coal seams'', and
       (C) by inserting ``the Secretary of Energy, and the 
     Secretary of the Interior,'' after ``Environmental Protection 
     Agency''.
       (2) Section 45Q(a)(1)(B) is amended by inserting ``and not 
     used by the taxpayer as described in paragraph (2)(B)'' after 
     ``storage''.
       (3) Section 45Q(e) is amended by striking ``captured and 
     disposed of or used as a tertiary injectant'' and inserting 
     ``taken into account in accordance with subsection (a)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to carbon dioxide captured after the date of the 
     enactment of this Act.

             PART V--PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES

     SEC. 1141. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE 
                   MOTOR VEHICLES.

       (a) In General.--Section 30D is amended to read as follows:

     ``SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
                   VEHICLES.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credit amounts 
     determined under subsection (b) with respect to each new 
     qualified plug-in electric drive motor vehicle placed in 
     service by the taxpayer during the taxable year.
       ``(b) Per Vehicle Dollar Limitation.--
       ``(1) In general.--The amount determined under this 
     subsection with respect to any new qualified plug-in electric 
     drive motor vehicle is the sum of the amounts determined 
     under paragraphs (2) and (3) with respect to such vehicle.
       ``(2) Base amount.--The amount determined under this 
     paragraph is $2,500.
       ``(3) Battery capacity.--In the case of a vehicle which 
     draws propulsion energy from a battery with not less than 5 
     kilowatt hours of capacity, the amount determined under this 
     paragraph is $417, plus $417 for each kilowatt hour of 
     capacity in excess of 5 kilowatt hours. The amount determined 
     under this paragraph shall not exceed $5,000.
       ``(c) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to property 
     of a character subject to an allowance for depreciation shall 
     be treated as a credit listed in section 38(b) for such 
     taxable year (and not allowed under subsection (a)).
       ``(2) Personal credit.--
       ``(A) In general.--For purposes of this title, the credit 
     allowed under subsection (a) for any taxable year (determined 
     after application of paragraph (1)) shall be treated as a 
     credit allowable under subpart A for such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall not 
     exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section and sections 23 and 25D) and section 
     27 for the taxable year.
       ``(d) New Qualified Plug-in Electric Drive Motor Vehicle.--
     For purposes of this section--
       ``(1) In general.--The term `new qualified plug-in electric 
     drive motor vehicle' means a motor vehicle--
       ``(A) the original use of which commences with the 
     taxpayer,
       ``(B) which is acquired for use or lease by the taxpayer 
     and not for resale,
       ``(C) which is made by a manufacturer,
       ``(D) which is treated as a motor vehicle for purposes of 
     title II of the Clean Air Act,
       ``(E) which has a gross vehicle weight rating of less than 
     14,000 pounds, and
       ``(F) which is propelled to a significant extent by an 
     electric motor which draws electricity from a battery which--
       ``(i) has a capacity of not less than 4 kilowatt hours, and
       ``(ii) is capable of being recharged from an external 
     source of electricity.
       ``(2) Motor vehicle.--The term `motor vehicle' means any 
     vehicle which is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails) and which has at 
     least 4 wheels.
       ``(3) Manufacturer.--The term `manufacturer' has the 
     meaning given such term in regulations prescribed by the 
     Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(4) Battery capacity.--The term `capacity' means, with 
     respect to any battery, the quantity of electricity which the 
     battery is capable of storing, expressed in kilowatt hours, 
     as measured from a 100 percent state of charge to a 0 percent 
     state of charge.
       ``(e) Limitation on Number of New Qualified Plug-in 
     Electric Drive Motor Vehicles Eligible for Credit.--
       ``(1) In general.--In the case of a new qualified plug-in 
     electric drive motor vehicle sold during the phaseout period, 
     only the applicable percentage of the credit otherwise 
     allowable under subsection (a) shall be allowed.
       ``(2) Phaseout period.--For purposes of this subsection, 
     the phaseout period is the period beginning with the second 
     calendar quarter following the calendar quarter which 
     includes the first date on which the number of new qualified 
     plug-in electric drive motor vehicles manufactured by the 
     manufacturer of the vehicle referred to in paragraph (1) sold 
     for use in the United States after December 31, 2009, is at 
     least 200,000.
       ``(3) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage is--
       ``(A) 50 percent for the first 2 calendar quarters of the 
     phaseout period,
       ``(B) 25 percent for the 3d and 4th calendar quarters of 
     the phaseout period, and
       ``(C) 0 percent for each calendar quarter thereafter.
       ``(4) Controlled groups.--Rules similar to the rules of 
     section 30B(f)(4) shall apply for purposes of this 
     subsection.
       ``(f) Special Rules.--
       ``(1) Basis reduction.--For purposes of this subtitle, the 
     basis of any property for which a credit is allowable under 
     subsection (a) shall be reduced by the amount of such credit 
     so allowed.
       ``(2) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter for a new qualified 
     plug-in electric drive motor vehicle shall be reduced by the 
     amount of credit allowed under subsection (a) for such 
     vehicle.
       ``(3) Property used by tax-exempt entity.--In the case of a 
     vehicle the use of which is described in paragraph (3) or (4) 
     of section 50(b) and which is not subject to a lease, the 
     person who sold such vehicle to the person or entity using 
     such vehicle shall be treated as the taxpayer that placed 
     such vehicle in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such vehicle (determined without regard to subsection (c)).
       ``(4) Property used outside united states not qualified.--
     No credit shall be allowable under subsection (a) with 
     respect to any property referred to in section 50(b)(1).
       ``(5) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(6) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects to not have this section apply to such vehicle.
       ``(7) Interaction with air quality and motor vehicle safety 
     standards.--A motor vehicle shall not be considered eligible 
     for a credit under this section unless such vehicle is in 
     compliance with--
       ``(A) the applicable provisions of the Clean Air Act for 
     the applicable make and model year of the vehicle (or 
     applicable air quality provisions of State law in the case of 
     a State which has adopted such provision under a waiver under 
     section 209(b) of the Clean Air Act), and
       ``(B) the motor vehicle safety provisions of sections 30101 
     through 30169 of title 49, United States Code.''.
       (b) Conforming Amendments.--
       (1) Section 30B(d)(3)(D) is amended by striking 
     ``subsection (d) thereof'' and inserting ``subsection (c) 
     thereof''.
       (2) Section 38(b)(35) is amended by striking ``30D(d)(1)'' 
     and inserting ``30D(c)(1)''.
       (3) Section 1016(a)(25) is amended by striking ``section 
     30D(e)(4)'' and inserting ``section 30D(f)(1)''.

[[Page H1364]]

       (4) Section 6501(m) is amended by striking ``section 
     30D(e)(9)'' and inserting ``section 30D(e)(4)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to vehicles acquired after December 31, 2009.

     SEC. 1142. CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

       (a) In General.--Section 30 is amended to read as follows:

     ``SEC. 30. CERTAIN PLUG-IN ELECTRIC VEHICLES.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to 10 percent of the cost of any 
     qualified plug-in electric vehicle placed in service by the 
     taxpayer during the taxable year.
       ``(b) Per Vehicle Dollar Limitation.--The amount of the 
     credit allowed under subsection (a) with respect to any 
     vehicle shall not exceed $2,500.
       ``(c) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to property 
     of a character subject to an allowance for depreciation shall 
     be treated as a credit listed in section 38(b) for such 
     taxable year (and not allowed under subsection (a)).
       ``(2) Personal credit.--
       ``(A) In general.--For purposes of this title, the credit 
     allowed under subsection (a) for any taxable year (determined 
     after application of paragraph (1)) shall be treated as a 
     credit allowable under subpart A for such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall not 
     exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section and sections 23, 25D, and 30D) and 
     section 27 for the taxable year.
       ``(d) Qualified Plug-in Electric Vehicle.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified plug-in electric 
     vehicle' means a specified vehicle--
       ``(A) the original use of which commences with the 
     taxpayer,
       ``(B) which is acquired for use or lease by the taxpayer 
     and not for resale,
       ``(C) which is made by a manufacturer,
       ``(D) which is manufactured primarily for use on public 
     streets, roads, and highways,
       ``(E) which has a gross vehicle weight rating of less than 
     14,000 pounds, and
       ``(F) which is propelled to a significant extent by an 
     electric motor which draws electricity from a battery which--
       ``(i) has a capacity of not less than 4 kilowatt hours (2.5 
     kilowatt hours in the case of a vehicle with 2 or 3 wheels), 
     and
       ``(ii) is capable of being recharged from an external 
     source of electricity.
       ``(2) Specified vehicle.--The term `specified vehicle' 
     means any vehicle which--
       ``(A) is a low speed vehicle within the meaning of section 
     571.3 of title 49, Code of Federal Regulations (as in effect 
     on the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009), or
       ``(B) has 2 or 3 wheels.
       ``(3) Manufacturer.--The term `manufacturer' has the 
     meaning given such term in regulations prescribed by the 
     Administrator of the Environmental Protection Agency for 
     purposes of the administration of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.).
       ``(4) Battery capacity.--The term `capacity' means, with 
     respect to any battery, the quantity of electricity which the 
     battery is capable of storing, expressed in kilowatt hours, 
     as measured from a 100 percent state of charge to a 0 percent 
     state of charge.
       ``(e) Special Rules.--
       ``(1) Basis reduction.--For purposes of this subtitle, the 
     basis of any property for which a credit is allowable under 
     subsection (a) shall be reduced by the amount of such credit 
     so allowed.
       ``(2) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter for a new qualified 
     plug-in electric drive motor vehicle shall be reduced by the 
     amount of credit allowable under subsection (a) for such 
     vehicle.
       ``(3) Property used by tax-exempt entity.--In the case of a 
     vehicle the use of which is described in paragraph (3) or (4) 
     of section 50(b) and which is not subject to a lease, the 
     person who sold such vehicle to the person or entity using 
     such vehicle shall be treated as the taxpayer that placed 
     such vehicle in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such vehicle (determined without regard to subsection (c)).
       ``(4) Property used outside united states not qualified.--
     No credit shall be allowable under subsection (a) with 
     respect to any property referred to in section 50(b)(1).
       ``(5) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(6) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects to not have this section apply to such vehicle.
       ``(f) Termination.--This section shall not apply to any 
     vehicle acquired after December 31, 2011.''.
       (b) Conforming Amendments.--
       (1)(A) Section 24(b)(3)(B) is amended by inserting ``30,'' 
     after ``25D,''.
       (B) Section 25(e)(1)(C)(ii) is amended by inserting ``30,'' 
     after ``25D,''.
       (C) Section 25B(g)(2) is amended by inserting ``30,'' after 
     ``25D,''.
       (D) Section 26(a)(1) is amended by inserting ``30,'' after 
     ``25D,''.
       (E) Section 904(i) is amended by striking ``and 25B'' and 
     inserting ``25B, 30, and 30D''.
       (F) Section 1400C(d)(2) is amended by striking ``and 25D'' 
     and inserting ``25D, and 30''.
       (2) Paragraph (1) of section 30B(h) is amended to read as 
     follows:
       ``(1) Motor vehicle.--The term `motor vehicle' means any 
     vehicle which is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails) and which has at 
     least 4 wheels.''.
       (3) Section 30C(d)(2)(A) is amended by striking ``, 30,''.
       (4)(A) Section 53(d)(1)(B) is amended by striking clause 
     (iii) and redesignating clause (iv) as clause (iii).
       (B) Subclause (II) of section 53(d)(1)(B)(iii), as so 
     redesignated, is amended by striking ``increased in the 
     manner provided in clause (iii)''.
       (5) Section 55(c)(3) is amended by striking ``30(b)(3),''.
       (6) Section 1016(a)(25) is amended by striking ``section 
     30(d)(1)'' and inserting ``section 30(e)(1)''.
       (7) Section 6501(m) is amended by striking ``section 
     30(d)(4)'' and inserting ``section 30(e)(6)''.
       (8) The item in the table of sections for subpart B of part 
     IV of subchapter A of chapter 1 is amended to read as 
     follows:

``Sec. 30. Certain plug-in electric vehicles.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to vehicles acquired after the date of the 
     enactment of this Act.
       (d) Transitional Rule.--In the case of a vehicle acquired 
     after the date of the enactment of this Act and before 
     January 1, 2010, no credit shall be allowed under section 30 
     of the Internal Revenue Code of 1986, as added by this 
     section, if credit is allowable under section 30D of such 
     Code with respect to such vehicle.
       (e) Application of EGTRRA Sunset.--The amendment made by 
     subsection (b)(1)(A) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.

     SEC. 1143. CONVERSION KITS.

       (a) In General.--Section 30B (relating to alternative motor 
     vehicle credit) is amended by redesignating subsections (i) 
     and (j) as subsections (j) and (k), respectively, and by 
     inserting after subsection (h) the following new subsection:
       ``(i) Plug-in Conversion Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     plug-in conversion credit determined under this subsection 
     with respect to any motor vehicle which is converted to a 
     qualified plug-in electric drive motor vehicle is 10 percent 
     of so much of the cost of the converting such vehicle as does 
     not exceed $40,000.
       ``(2) Qualified plug-in electric drive motor vehicle.--For 
     purposes of this subsection, the term `qualified plug-in 
     electric drive motor vehicle' means any new qualified plug-in 
     electric drive motor vehicle (as defined in section 30D, 
     determined without regard to whether such vehicle is made by 
     a manufacturer or whether the original use of such vehicle 
     commences with the taxpayer).
       ``(3) Credit allowed in addition to other credits.--The 
     credit allowed under this subsection shall be allowed with 
     respect to a motor vehicle notwithstanding whether a credit 
     has been allowed with respect to such motor vehicle under 
     this section (other than this subsection) in any preceding 
     taxable year.
       ``(4) Termination.--This subsection shall not apply to 
     conversions made after December 31, 2011.''.
       (b) Credit Treated as Part of Alternative Motor Vehicle 
     Credit.--Section 30B(a) is amended by striking ``and'' at the 
     end of paragraph (3), by striking the period at the end of 
     paragraph (4) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(5) the plug-in conversion credit determined under 
     subsection (i).''.
       (c) No Recapture for Vehicles Converted to Qualified Plug-
     in Electric Drive Motor Vehicles.--Paragraph (8) of section 
     30B(h) is amended by adding at the end the following: ``, 
     except that no benefit shall be recaptured if such property 
     ceases to be eligible for such credit by reason of conversion 
     to a qualified plug-in electric drive motor vehicle.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 1144. TREATMENT OF ALTERNATIVE MOTOR VEHICLE CREDIT AS A 
                   PERSONAL CREDIT ALLOWED AGAINST AMT.

       (a) In General.--Paragraph (2) of section 30B(g) is amended 
     to read as follows:
       ``(2) Personal credit.--
       ``(A) In general.--For purposes of this title, the credit 
     allowed under subsection (a) for any taxable year (determined 
     after application of paragraph (1)) shall be treated as a 
     credit allowable under subpart A for such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall not 
     exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over

[[Page H1365]]

       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section and sections 23, 25D, 30, and 30D) 
     and section 27 for the taxable year.''.
       (b) Conforming Amendments.--
       (1)(A) Section 24(b)(3)(B), as amended by this Act, is 
     amended by inserting ``30B,'' after ``30,''.
       (B) Section 25(e)(1)(C)(ii), as amended by this Act, is 
     amended by inserting ``30B,'' after ``30,''.
       (C) Section 25B(g)(2), as amended by this Act, is amended 
     by inserting ``30B,'' after ``30,''.
       (D) Section 26(a)(1), as amended by this Act, is amended by 
     inserting ``30B,'' after ``30,''.
       (E) Section 904(i), as amended by this Act, is amended by 
     inserting ``30B,'' after ``30''.
       (F) Section 1400C(d)(2), as amended by this Act, is amended 
     by striking ``and 30'' and inserting ``30, and 30B''.
       (2) Section 30C(d)(2)(A), as amended by this Act, is 
     amended by striking ``sections 27 and 30B'' and inserting 
     ``section 27''.
       (3) Section 55(c)(3) is amended by striking ``30B(g)(2),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (d) Application of EGTRRA Sunset.--The amendment made by 
     subsection (b)(1)(A) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.

           PART VI--PARITY FOR TRANSPORTATION FRINGE BENEFITS

     SEC. 1151. INCREASED EXCLUSION AMOUNT FOR COMMUTER TRANSIT 
                   BENEFITS AND TRANSIT PASSES.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by adding at the end the following flush sentence:
     ``In the case of any month beginning on or after the date of 
     the enactment of this sentence and before January 1, 2011, 
     subparagraph (A) shall be applied as if the dollar amount 
     therein were the same as the dollar amount in effect for such 
     month under subparagraph (B).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months beginning on or after the date of the 
     enactment of this section.

                Subtitle C--Tax Incentives for Business

                PART I--TEMPORARY INVESTMENT INCENTIVES

     SEC. 1201. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED 
                   DURING 2009.

       (a) Extension of Special Allowance.--
       (1) In general.--Paragraph (2) of section 168(k) is 
     amended--
       (A) by striking ``January 1, 2010'' and inserting ``January 
     1, 2011'', and
       (B) by striking ``January 1, 2009'' each place it appears 
     and inserting ``January 1, 2010''.
       (2) Conforming amendments.--
       (A) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2009'' and inserting 
     ``January 1, 2010''.
       (B) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2009'' and inserting 
     ``pre-january 1, 2010''.
       (C) Subparagraph (B) of section 168(l)(5) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (D) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (E) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (3) Technical amendments.--
       (A) Subparagraph (D) of section 168(k)(4) is amended--
       (i) by striking ``and'' at the end of clause (i),
       (ii) by redesignating clause (ii) as clause (iii), and
       (iii) by inserting after clause (i) the following new 
     clause:
       ``(ii) `April 1, 2008' shall be substituted for `January 1, 
     2008' in subparagraph (A)(iii)(I) thereof, and''.
       (B) Subparagraph (A) of section 6211(b)(4) is amended by 
     inserting ``168(k)(4),'' after ``53(e),''.
       (b) Extension of Election to Accelerate the Amt and 
     Research Credits in Lieu of Bonus Depreciation.--
       (1) In general.--Section 168(k)(4) (relating to election to 
     accelerate the AMT and research credits in lieu of bonus 
     depreciation) is amended--
       (A) by striking ``2009'' and inserting ``2010''in 
     subparagraph (D)(iii) (as redesignated by subsection (a)(3)), 
     and
       (B) by adding at the end the following new subparagraph:
       ``(H) Special rules for extension property.--
       ``(i) Taxpayers previously electing acceleration.--In the 
     case of a taxpayer who made the election under subparagraph 
     (A) for its first taxable year ending after March 31, 2008--

       ``(I) the taxpayer may elect not to have this paragraph 
     apply to extension property, but
       ``(II) if the taxpayer does not make the election under 
     subclause (I), in applying this paragraph to the taxpayer a 
     separate bonus depreciation amount, maximum amount, and 
     maximum increase amount shall be computed and applied to 
     eligible qualified property which is extension property and 
     to eligible qualified property which is not extension 
     property.

       ``(ii) Taxpayers not previously electing acceleration.--In 
     the case of a taxpayer who did not make the election under 
     subparagraph (A) for its first taxable year ending after 
     March 31, 2008--

       ``(I) the taxpayer may elect to have this paragraph apply 
     to its first taxable year ending after December 31, 2008, and 
     each subsequent taxable year, and
       ``(II) if the taxpayer makes the election under subclause 
     (I), this paragraph shall only apply to eligible qualified 
     property which is extension property.

       ``(iii) Extension property.--For purposes of this 
     subparagraph, the term `extension property' means property 
     which is eligible qualified property solely by reason of the 
     extension of the application of the special allowance under 
     paragraph (1) pursuant to the amendments made by section 
     1201(a) of the American Recovery and Reinvestment Tax Act of 
     2009 (and the application of such extension to this paragraph 
     pursuant to the amendment made by section 1201(b)(1) of such 
     Act).''.
       (2) Technical amendment.--Section 6211(b)(4)(A) is amended 
     by inserting ``168(k)(4),'' after ``53(e),''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2008, in taxable years 
     ending after such date.
       (2) Technical amendments.--The amendments made by 
     subsections (a)(3) and (b)(2) shall apply to taxable years 
     ending after March 31, 2008.

     SEC. 1202. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF 
                   CERTAIN DEPRECIABLE BUSINESS ASSETS.

       (a) In General.--Paragraph (7) of section 179(b) is 
     amended--
       (1) by striking ``2008'' and inserting ``2008, or 2009'', 
     and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2008, and 2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                   PART II--SMALL BUSINESS PROVISIONS

     SEC. 1211. 5-YEAR CARRYBACK OF OPERATING LOSSES OF SMALL 
                   BUSINESSES.

       (a) In General.--Subparagraph (H) of section 172(b)(1) is 
     amended to read as follows:
       ``(H) Carryback for 2008 net operating losses of small 
     businesses.--
       ``(i) In general.--If an eligible small business elects the 
     application of this subparagraph with respect to an 
     applicable 2008 net operating loss--

       ``(I) subparagraph (A)(i) shall be applied by substituting 
     any whole number elected by the taxpayer which is more than 2 
     and less than 6 for `2',
       ``(II) subparagraph (E)(ii) shall be applied by 
     substituting the whole number which is one less than the 
     whole number substituted under subclause (I) for `2', and
       ``(III) subparagraph (F) shall not apply.

       ``(ii) Applicable 2008 net operating loss.--For purposes of 
     this subparagraph, the term `applicable 2008 net operating 
     loss' means--

       ``(I) the taxpayer's net operating loss for any taxable 
     year ending in 2008, or
       ``(II) if the taxpayer elects to have this subclause apply 
     in lieu of subclause (I), the taxpayer's net operating loss 
     for any taxable year beginning in 2008.

       ``(iii) Election.--Any election under this subparagraph 
     shall be made in such manner as may be prescribed by the 
     Secretary, and shall be made by the due date (including 
     extension of time) for filing the taxpayer's return for the 
     taxable year of the net operating loss. Any such election, 
     once made, shall be irrevocable. Any election under this 
     subparagraph may be made only with respect to 1 taxable year.
       ``(iv) Eligible small business.--For purposes of this 
     subparagraph, the term `eligible small business' has the 
     meaning given such term by subparagraph (F)(iii), except that 
     in applying such subparagraph, section 448(c) shall be 
     applied by substituting `$15,000,000' for `$5,000,000' each 
     place it appears.''.
       (b) Conforming Amendment.--Section 172 is amended by 
     striking subsection (k) and by redesignating subsection (l) 
     as subsection (k).
       (c) Anti-Abuse Rules.--The Secretary of Treasury or the 
     Secretary's designee shall prescribe such rules as are 
     necessary to prevent the abuse of the purposes of the 
     amendments made by this section, including anti-stuffing 
     rules, anti-churning rules (including rules relating to sale-
     leasebacks), and rules similar to the rules under section 
     1091 of the Internal Revenue Code of 1986 relating to losses 
     from wash sales.
       (d) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to net operating losses arising in taxable years ending after 
     December 31, 2007.
       (2) Transitional rule.--In the case of a net operating loss 
     for a taxable year ending before the date of the enactment of 
     this Act--
       (A) any election made under section 172(b)(3) of the 
     Internal Revenue Code of 1986 with respect to such loss may 
     (notwithstanding such section) be revoked before the 
     applicable date,
       (B) any election made under section 172(b)(1)(H) of such 
     Code with respect to such loss shall (notwithstanding such 
     section) be treated as timely made if made before the 
     applicable date, and
       (C) any application under section 6411(a) of such Code with 
     respect to such loss shall be treated as timely filed if 
     filed before the applicable date.
     For purposes of this paragraph, the term ``applicable date'' 
     means the date which is 60 days after the date of the 
     enactment of this Act.

     SEC. 1212. DECREASED REQUIRED ESTIMATED TAX PAYMENTS IN 2009 
                   FOR CERTAIN SMALL BUSINESSES.

       Paragraph (1) of section 6654(d) is amended by adding at 
     the end the following new subparagraph:
       ``(D) Special rule for 2009.--
       ``(i) In general.--Notwithstanding subparagraph (C), in the 
     case of any taxable year beginning in 2009, clause (ii) of 
     subparagraph (B) shall be applied to any qualified individual 
     by substituting `90 percent' for `100 percent'.

[[Page H1366]]

       ``(ii) Qualified individual.--For purposes of this 
     subparagraph, the term `qualified individual' means any 
     individual if--

       ``(I) the adjusted gross income shown on the return of such 
     individual for the preceding taxable year is less than 
     $500,000, and
       ``(II) such individual certifies that more than 50 percent 
     of the gross income shown on the return of such individual 
     for the preceding taxable year was income from a small 
     business.

     A certification under subclause (II) shall be in such form 
     and manner and filed at such time as the Secretary may by 
     regulations prescribe.
       ``(iii) Income from a small business.--For purposes of 
     clause (ii), income from a small business means, with respect 
     to any individual, income from a trade or business the 
     average number of employees of which was less than 500 
     employees for the calendar year ending with or within the 
     preceding taxable year of the individual.
       ``(iv) Separate returns.--In the case of a married 
     individual (within the meaning of section 7703) who files a 
     separate return for the taxable year for which the amount of 
     the installment is being determined, clause (ii)(I) shall be 
     applied by substituting `$250,000' for `$500,000'.
       ``(v) Estates and trusts.--In the case of an estate or 
     trust, adjusted gross income shall be determined as provided 
     in section 67(e).''.

                   PART III--INCENTIVES FOR NEW JOBS

     SEC. 1221. INCENTIVES TO HIRE UNEMPLOYED VETERANS AND 
                   DISCONNECTED YOUTH.

       (a) In General.--Subsection (d) of section 51 is amended by 
     adding at the end the following new paragraph:
       ``(14) Credit allowed for unemployed veterans and 
     disconnected youth hired in 2009 or 2010.--
       ``(A) In general.--Any unemployed veteran or disconnected 
     youth who begins work for the employer during 2009 or 2010 
     shall be treated as a member of a targeted group for purposes 
     of this subpart.
       ``(B) Definitions.--For purposes of this paragraph--
       ``(i) Unemployed veteran.--The term `unemployed veteran' 
     means any veteran (as defined in paragraph (3)(B), determined 
     without regard to clause (ii) thereof) who is certified by 
     the designated local agency as--

       ``(I) having been discharged or released from active duty 
     in the Armed Forces at any time during the 5-year period 
     ending on the hiring date, and
       ``(II) being in receipt of unemployment compensation under 
     State or Federal law for not less than 4 weeks during the 1-
     year period ending on the hiring date.

       ``(ii) Disconnected youth.--The term `disconnected youth' 
     means any individual who is certified by the designated local 
     agency--

       ``(I) as having attained age 16 but not age 25 on the 
     hiring date,
       ``(II) as not regularly attending any secondary, technical, 
     or post-secondary school during the 6-month period preceding 
     the hiring date,
       ``(III) as not regularly employed during such 6-month 
     period, and
       ``(IV) as not readily employable by reason of lacking a 
     sufficient number of basic skills.''.

       (b) Effective Date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after December 31, 2008.

              PART IV--RULES RELATING TO DEBT INSTRUMENTS

     SEC. 1231. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING 
                   FROM BUSINESS INDEBTEDNESS DISCHARGED BY THE 
                   REACQUISITION OF A DEBT INSTRUMENT.

       (a) In General.--Section 108 (relating to income from 
     discharge of indebtedness) is amended by adding at the end 
     the following new subsection:
       ``(i) Deferral and Ratable Inclusion of Income Arising From 
     Business Indebtedness Discharged by the Reacquisition of a 
     Debt Instrument.--
       ``(1) In general.--At the election of the taxpayer, income 
     from the discharge of indebtedness in connection with the 
     reacquisition after December 31, 2008, and before January 1, 
     2011, of an applicable debt instrument shall be includible in 
     gross income ratably over the 5-taxable-year period beginning 
     with--
       ``(A) in the case of a reacquisition occurring in 2009, the 
     fifth taxable year following the taxable year in which the 
     reacquisition occurs, and
       ``(B) in the case of a reacquisition occurring in 2010, the 
     fourth taxable year following the taxable year in which the 
     reacquisition occurs.
       ``(2) Deferral of deduction for original issue discount in 
     debt for debt exchanges.--
       ``(A) In general.--If, as part of a reacquisition to which 
     paragraph (1) applies, any debt instrument is issued for the 
     applicable debt instrument being reacquired (or is treated as 
     so issued under subsection (e)(4) and the regulations 
     thereunder) and there is any original issue discount 
     determined under subpart A of part V of subchapter P of this 
     chapter with respect to the debt instrument so issued--
       ``(i) except as provided in clause (ii), no deduction 
     otherwise allowable under this chapter shall be allowed to 
     the issuer of such debt instrument with respect to the 
     portion of such original issue discount which--

       ``(I) accrues before the 1st taxable year in the 5-taxable-
     year period in which income from the discharge of 
     indebtedness attributable to the reacquisition of the debt 
     instrument is includible under paragraph (1), and
       ``(II) does not exceed the income from the discharge of 
     indebtedness with respect to the debt instrument being 
     reacquired, and

       ``(ii) the aggregate amount of deductions disallowed under 
     clause (i) shall be allowed as a deduction ratably over the 
     5-taxable-year period described in clause (i)(I).

     If the amount of the original issue discount accruing before 
     such 1st taxable year exceeds the income from the discharge 
     of indebtedness with respect to the applicable debt 
     instrument being reacquired, the deductions shall be 
     disallowed in the order in which the original issue discount 
     is accrued.
       ``(B) Deemed debt for debt exchanges.--For purposes of 
     subparagraph (A), if any debt instrument is issued by an 
     issuer and the proceeds of such debt instrument are used 
     directly or indirectly by the issuer to reacquire an 
     applicable debt instrument of the issuer, the debt instrument 
     so issued shall be treated as issued for the debt instrument 
     being reacquired. If only a portion of the proceeds from a 
     debt instrument are so used, the rules of subparagraph (A) 
     shall apply to the portion of any original issue discount on 
     the newly issued debt instrument which is equal to the 
     portion of the proceeds from such instrument used to 
     reacquire the outstanding instrument.
       ``(3) Applicable debt instrument.--For purposes of this 
     subsection--
       ``(A) Applicable debt instrument.--The term `applicable 
     debt instrument' means any debt instrument which was issued 
     by--
       ``(i) a C corporation, or
       ``(ii) any other person in connection with the conduct of a 
     trade or business by such person.
       ``(B) Debt instrument.--The term `debt instrument' means a 
     bond, debenture, note, certificate, or any other instrument 
     or contractual arrangement constituting indebtedness (within 
     the meaning of section 1275(a)(1)).
       ``(4) Reacquisition.--For purposes of this subsection--
       ``(A) In general.--The term `reacquisition' means, with 
     respect to any applicable debt instrument, any acquisition of 
     the debt instrument by--
       ``(i) the debtor which issued (or is otherwise the obligor 
     under) the debt instrument, or
       ``(ii) a related person to such debtor.
       ``(B) Acquisition.--The term `acquisition' shall, with 
     respect to any applicable debt instrument, include an 
     acquisition of the debt instrument for cash, the exchange of 
     the debt instrument for another debt instrument (including an 
     exchange resulting from a modification of the debt 
     instrument), the exchange of the debt instrument for 
     corporate stock or a partnership interest, and the 
     contribution of the debt instrument to capital. Such term 
     shall also include the complete forgiveness of the 
     indebtedness by the holder of the debt instrument.
       ``(5) Other definitions and rules.--For purposes of this 
     subsection--
       ``(A) Related person.--The determination of whether a 
     person is related to another person shall be made in the same 
     manner as under subsection (e)(4).
       ``(B) Election.--
       ``(i) In general.--An election under this subsection with 
     respect to any applicable debt instrument shall be made by 
     including with the return of tax imposed by chapter 1 for the 
     taxable year in which the reacquisition of the debt 
     instrument occurs a statement which--

       ``(I) clearly identifies such instrument, and
       ``(II) includes the amount of income to which paragraph (1) 
     applies and such other information as the Secretary may 
     prescribe.

       ``(ii) Election irrevocable.--Such election, once made, is 
     irrevocable.
       ``(iii) Pass-thru entities.--In the case of a partnership, 
     S corporation, or other pass-thru entity, the election under 
     this subsection shall be made by the partnership, the S 
     corporation, or other entity involved.
       ``(C) Coordination with other exclusions.--If a taxpayer 
     elects to have this subsection apply to an applicable debt 
     instrument, subparagraphs (A), (B), (C), and (D) of 
     subsection (a)(1) shall not apply to the income from the 
     discharge of such indebtedness for the taxable year of the 
     election or any subsequent taxable year.
       ``(D) Acceleration of deferred items.--
       ``(i) In general.--In the case of the death of the 
     taxpayer, the liquidation or sale of substantially all the 
     assets of the taxpayer (including in a title 11 or similar 
     case), the cessation of business by the taxpayer, or similar 
     circumstances, any item of income or deduction which is 
     deferred under this subsection (and has not previously been 
     taken into account) shall be taken into account in the 
     taxable year in which such event occurs (or in the case of a 
     title 11 or similar case, the day before the petition is 
     filed).
       ``(ii) Special rule for pass-thru entities.--The rule of 
     clause (i) shall also apply in the case of the sale or 
     exchange or redemption of an interest in a partnership, S 
     corporation, or other pass-thru entity by a partner, 
     shareholder, or other person holding an ownership interest in 
     such entity.
       ``(6) Special rule for partnerships.--In the case of a 
     partnership, any income deferred under this subsection shall 
     be allocated to the partners in the partnership immediately 
     before the discharge in the manner such amounts would have 
     been included in the distributive shares of such partners 
     under section 704 if such income were recognized at such 
     time. Any decrease in a partner's share of partnership 
     liabilities as a result of such discharge shall not be taken 
     into account for purposes of section 752 at the time of the 
     discharge to the extent it would cause the partner to 
     recognize gain under section 731. Any decrease in partnership 
     liabilities

[[Page H1367]]

     deferred under the preceding sentence shall be taken into 
     account by such partner at the same time, and to the extent 
     remaining in the same amount, as income deferred under this 
     subsection is recognized.
       ``(7) Secretarial authority.--The Secretary may prescribe 
     such regulations, rules, or other guidance as may be 
     necessary or appropriate for purposes of applying this 
     subsection, including--
       ``(A) extending the application of the rules of paragraph 
     (5)(D) to other circumstances where appropriate,
       ``(B) requiring reporting of the election (and such other 
     information as the Secretary may require) on returns of tax 
     for subsequent taxable years, and
       ``(C) rules for the application of this subsection to 
     partnerships, S corporations, and other pass-thru entities, 
     including for the allocation of deferred deductions.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to discharges in taxable years ending after 
     December 31, 2008.

     SEC. 1232. MODIFICATIONS OF RULES FOR ORIGINAL ISSUE DISCOUNT 
                   ON CERTAIN HIGH YIELD OBLIGATIONS.

       (a) Suspension of Special Rules.--Section 163(e)(5) 
     (relating to special rules for original issue discount on 
     certain high yield obligations) is amended by redesignating 
     subparagraph (F) as subparagraph (G) and by inserting after 
     subparagraph (E) the following new subparagraph:
       ``(F) Suspension of application of paragraph.--
       ``(i) Temporary suspension.--This paragraph shall not apply 
     to any applicable high yield discount obligation issued 
     during the period beginning on September 1, 2008, and ending 
     on December 31, 2009, in exchange (including an exchange 
     resulting from a modification of the debt instrument) for an 
     obligation which is not an applicable high yield discount 
     obligation and the issuer (or obligor) of which is the same 
     as the issuer (or obligor) of such applicable high yield 
     discount obligation. The preceding sentence shall not apply 
     to any obligation the interest on which is interest described 
     in section 871(h)(4) (without regard to subparagraph (D) 
     thereof) or to any obligation issued to a related person 
     (within the meaning of section 108(e)(4)).
       ``(ii) Successive application.--Any obligation to which 
     clause (i) applies shall not be treated as an applicable high 
     yield discount obligation for purposes of applying this 
     subparagraph to any other obligation issued in exchange for 
     such obligation.
       ``(iii) Secretarial authority to suspend application.--The 
     Secretary may apply this paragraph with respect to debt 
     instruments issued in periods following the period described 
     in clause (i) if the Secretary determines that such 
     application is appropriate in light of distressed conditions 
     in the debt capital markets.''.
       (b) Interest Rate Used in Determining High Yield 
     Obligations.--The last sentence of section 163(i)(1) is 
     amended--
       (1) by inserting ``(i)'' after ``regulation'', and
       (2) by inserting ``, or (ii) permit, on a temporary basis, 
     a rate to be used with respect to any debt instrument which 
     is higher than the applicable Federal rate if the Secretary 
     determines that such rate is appropriate in light of 
     distressed conditions in the debt capital markets'' before 
     the period at the end.
       (c) Effective Date.--
       (1) Suspension.--The amendments made by subsection (a) 
     shall apply to obligations issued after August 31, 2008, in 
     taxable years ending after such date.
       (2) Interest rate authority.--The amendments made by 
     subsection (b) shall apply to obligations issued after 
     December 31, 2009, in taxable years ending after such date.

                 PART V--QUALIFIED SMALL BUSINESS STOCK

     SEC. 1241. SPECIAL RULES APPLICABLE TO QUALIFIED SMALL 
                   BUSINESS STOCK FOR 2009 AND 2010.

       (a) In General.--Section 1202(a) is amended by adding at 
     the end the following new paragraph:
       ``(3) Special rules for 2009 and 2010.--In the case of 
     qualified small business stock acquired after the date of the 
     enactment of this paragraph and before January 1, 2011--
       ``(A) paragraph (1) shall be applied by substituting `75 
     percent' for `50 percent', and
       ``(B) paragraph (2) shall not apply.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to stock acquired after the date of the enactment 
     of this Act.

                        PART VI--S CORPORATIONS

     SEC. 1251. TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR 
                   BUILT-IN GAINS TAX.

       (a) In General.--Paragraph (7) of section 1374(d) (relating 
     to definitions and special rules) is amended to read as 
     follows:
       ``(7) Recognition period.--
       ``(A) In general.--The term `recognition period' means the 
     10-year period beginning with the 1st day of the 1st taxable 
     year for which the corporation was an S corporation.
       ``(B) Special rule for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010, no tax shall be 
     imposed on the net recognized built-in gain of an S 
     corporation if the 7th taxable year in the recognition period 
     preceded such taxable year. The preceding sentence shall be 
     applied separately with respect to any asset to which 
     paragraph (8) applies.
       ``(C) Special rule for distributions to shareholders.--For 
     purposes of applying this section to any amount includible in 
     income by reason of distributions to shareholders pursuant to 
     section 593(e)--
       ``(i) subparagraph (A) shall be applied without regard to 
     the phrase `10-year', and
       ``(ii) subparagraph (B) shall not apply.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

             PART VII--RULES RELATING TO OWNERSHIP CHANGES

     SEC. 1261. CLARIFICATION OF REGULATIONS RELATED TO 
                   LIMITATIONS ON CERTAIN BUILT-IN LOSSES 
                   FOLLOWING AN OWNERSHIP CHANGE.

       (a) Findings.--Congress finds as follows:
       (1) The delegation of authority to the Secretary of the 
     Treasury under section 382(m) of the Internal Revenue Code of 
     1986 does not authorize the Secretary to provide exemptions 
     or special rules that are restricted to particular industries 
     or classes of taxpayers.
       (2) Internal Revenue Service Notice 2008-83 is inconsistent 
     with the congressional intent in enacting such section 
     382(m).
       (3) The legal authority to prescribe Internal Revenue 
     Service Notice 2008-83 is doubtful.
       (4) However, as taxpayers should generally be able to rely 
     on guidance issued by the Secretary of the Treasury 
     legislation is necessary to clarify the force and effect of 
     Internal Revenue Service Notice 2008-83 and restore the 
     proper application under the Internal Revenue Code of 1986 of 
     the limitation on built-in losses following an ownership 
     change of a bank.
       (b) Determination of Force and Effect of Internal Revenue 
     Service Notice 2008-83 Exempting Banks From Limitation on 
     Certain Built-in Losses Following Ownership Change.--
       (1) In general.--Internal Revenue Service Notice 2008-83--
       (A) shall be deemed to have the force and effect of law 
     with respect to any ownership change (as defined in section 
     382(g) of the Internal Revenue Code of 1986) occurring on or 
     before January 16, 2009, and
       (B) shall have no force or effect with respect to any 
     ownership change after such date.
       (2) Binding contracts.--Notwithstanding paragraph (1), 
     Internal Revenue Service Notice 2008-83 shall have the force 
     and effect of law with respect to any ownership change (as so 
     defined) which occurs after January 16, 2009, if such 
     change--
       (A) is pursuant to a written binding contract entered into 
     on or before such date, or
       (B) is pursuant to a written agreement entered into on or 
     before such date and such agreement was described on or 
     before such date in a public announcement or in a filing with 
     the Securities and Exchange Commission required by reason of 
     such ownership change.

     SEC. 1262. TREATMENT OF CERTAIN OWNERSHIP CHANGES FOR 
                   PURPOSES OF LIMITATIONS ON NET OPERATING LOSS 
                   CARRYFORWARDS AND CERTAIN BUILT-IN LOSSES.

       (a) In General.--Section 382 is amended by adding at the 
     end the following new subsection:
       ``(n) Special Rule for Certain Ownership Changes.--
       ``(1) In general.--The limitation contained in subsection 
     (a) shall not apply in the case of an ownership change which 
     is pursuant to a restructuring plan of a taxpayer which--
       ``(A) is required under a loan agreement or a commitment 
     for a line of credit entered into with the Department of the 
     Treasury under the Emergency Economic Stabilization Act of 
     2008, and
       ``(B) is intended to result in a rationalization of the 
     costs, capitalization, and capacity with respect to the 
     manufacturing workforce of, and suppliers to, the taxpayer 
     and its subsidiaries.
       ``(2) Subsequent acquisitions.--Paragraph (1) shall not 
     apply in the case of any subsequent ownership change unless 
     such ownership change is described in such paragraph.
       ``(3) Limitation based on control in corporation.--
       ``(A) In general.--Paragraph (1) shall not apply in the 
     case of any ownership change if, immediately after such 
     ownership change, any person (other than a voluntary 
     employees' beneficiary association under section 501(c)(9)) 
     owns stock of the new loss corporation possessing 50 percent 
     or more of the total combined voting power of all classes of 
     stock entitled to vote, or of the total value of the stock of 
     such corporation.
       ``(B) Treatment of related persons.--
       ``(i) In general.--Related persons shall be treated as a 
     single person for purposes of this paragraph.
       ``(ii) Related persons.--For purposes of clause (i), a 
     person shall be treated as related to another person if--

       ``(I) such person bears a relationship to such other person 
     described in section 267(b) or 707(b), or
       ``(II) such persons are members of a group of persons 
     acting in concert.''.

       (b) Effective Date.--The amendment made by this section 
     shall apply to ownership changes after the date of the 
     enactment of this Act.

             Subtitle D--Manufacturing Recovery Provisions

     SEC. 1301. TEMPORARY EXPANSION OF AVAILABILITY OF INDUSTRIAL 
                   DEVELOPMENT BONDS TO FACILITIES MANUFACTURING 
                   INTANGIBLE PROPERTY.

       (a) In General.--Subparagraph (C) of section 144(a)(12) is 
     amended--
       (1) by striking ``For purposes of this paragraph, the 
     term'' and inserting ``For purposes of this paragraph--
       ``(i) In general.--The term'', and
       (2) by striking the last sentence and inserting the 
     following new clauses:
       ``(ii) Certain facilities included.--Such term includes 
     facilities which are directly related and ancillary to a 
     manufacturing facility (determined without regard to this 
     clause) if--

       ``(I) such facilities are located on the same site as the 
     manufacturing facility, and

[[Page H1368]]

       ``(II) not more than 25 percent of the net proceeds of the 
     issue are used to provide such facilities.

       ``(iii) Special rules for bonds issued in 2009 and 2010.--
     In the case of any issue made after the date of enactment of 
     this clause and before January 1, 2011, clause (ii) shall not 
     apply and the net proceeds from a bond shall be considered to 
     be used to provide a manufacturing facility if such proceeds 
     are used to provide--

       ``(I) a facility which is used in the creation or 
     production of intangible property which is described in 
     section 197(d)(1)(C)(iii), or
       ``(II) a facility which is functionally related and 
     subordinate to a manufacturing facility (determined without 
     regard to this subclause) if such facility is located on the 
     same site as the manufacturing facility.''.

       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 1302. CREDIT FOR INVESTMENT IN ADVANCED ENERGY 
                   FACILITIES.

       (a) In General.--Section 46 (relating to amount of credit) 
     is amended by striking ``and'' at the end of paragraph (3), 
     by striking the period at the end of paragraph (4), and by 
     adding at the end the following new paragraph:
       ``(5) the qualifying advanced energy project credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 (relating to rules for computing investment 
     credit) is amended by inserting after section 48B the 
     following new section:

     ``SEC. 48C. QUALIFYING ADVANCED ENERGY PROJECT CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying advanced energy project credit for any taxable 
     year is an amount equal to 30 percent of the qualified 
     investment for such taxable year with respect to any 
     qualifying advanced energy project of the taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying advanced 
     energy project.
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(3) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying advanced energy 
     project shall not exceed the amount designated by the 
     Secretary as eligible for the credit under this section.
       ``(c) Definitions.--
       ``(1) Qualifying advanced energy project.--
       ``(A) In general.--The term `qualifying advanced energy 
     project' means a project--
       ``(i) which re-equips, expands, or establishes a 
     manufacturing facility for the production of--

       ``(I) property designed to be used to produce energy from 
     the sun, wind, geothermal deposits (within the meaning of 
     section 613(e)(2)), or other renewable resources,
       ``(II) fuel cells, microturbines, or an energy storage 
     system for use with electric or hybrid-electric motor 
     vehicles,
       ``(III) electric grids to support the transmission of 
     intermittent sources of renewable energy, including storage 
     of such energy,
       ``(IV) property designed to capture and sequester carbon 
     dioxide emissions,
       ``(V) property designed to refine or blend renewable fuels 
     or to produce energy conservation technologies (including 
     energy-conserving lighting technologies and smart grid 
     technologies),
       ``(VI) new qualified plug-in electric drive motor vehicles 
     (as defined by section 30D), qualified plug-in electric 
     vehicles (as defined by section 30(d)), or components which 
     are designed specifically for use with such vehicles, 
     including electric motors, generators, and power control 
     units, or
       ``(VII) other advanced energy property designed to reduce 
     greenhouse gas emissions as may be determined by the 
     Secretary, and

       ``(ii) any portion of the qualified investment of which is 
     certified by the Secretary under subsection (d) as eligible 
     for a credit under this section.
       ``(B) Exception.--Such term shall not include any portion 
     of a project for the production of any property which is used 
     in the refining or blending of any transportation fuel (other 
     than renewable fuels).
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is necessary for the production of property 
     described in paragraph (1)(A)(i),
       ``(B) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualified investment credit 
     facility, and
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(d) Qualifying Advanced Energy Project Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a qualifying 
     advanced energy project program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying advanced energy project 
     sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $2,300,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 2-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 1 year from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 3 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     advanced energy projects to certify under this section, the 
     Secretary--
       ``(A) shall take into consideration only those projects 
     where there is a reasonable expectation of commercial 
     viability, and
       ``(B) shall take into consideration which projects--
       ``(i) will provide the greatest domestic job creation (both 
     direct and indirect) during the credit period,
       ``(ii) will provide the greatest net impact in avoiding or 
     reducing air pollutants or anthropogenic emissions of 
     greenhouse gases,
       ``(iii) have the greatest potential for technological 
     innovation and commercial deployment,
       ``(iv) have the lowest levelized cost of generated or 
     stored energy, or of measured reduction in energy consumption 
     or greenhouse gas emission (based on costs of the full supply 
     chain), and
       ``(v) have the shortest project time from certification to 
     completion.
       ``(4) Review and redistribution.--
       ``(A) Review.--Not later than 4 years after the date of 
     enactment of this section, the Secretary shall review the 
     credits allocated under this section as of such date.
       ``(B) Redistribution.--The Secretary may reallocate credits 
     awarded under this section if the Secretary determines that--
       ``(i) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(ii) any certification made pursuant to paragraph (2) has 
     been revoked pursuant to paragraph (2)(B) because the project 
     subject to the certification has been delayed as a result of 
     third party opposition or litigation to the proposed project.
       ``(C) Reallocation.--If the Secretary determines that 
     credits under this section are available for reallocation 
     pursuant to the requirements set forth in paragraph (2), the 
     Secretary is authorized to conduct an additional program for 
     applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.
       ``(e) Denial of Double Benefit.--A credit shall not be 
     allowed under this section for any qualified investment for 
     which a credit is allowed under section 48, 48A, or 48B.''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (iii), by striking the period at the end of 
     clause (iv) and inserting ``, and'', and by adding after 
     clause (iv) the following new clause:
       ``(v) the basis of any property which is part of a 
     qualifying advanced energy project under section 48C.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48B the following new item:

``48C. Qualifying advanced energy project credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

                  Subtitle E--Economic Recovery Tools

     SEC. 1401. RECOVERY ZONE BONDS.

       (a) In General.--Subchapter Y of chapter 1 is amended by 
     adding at the end the following new part:

                    ``PART III--RECOVERY ZONE BONDS

``Sec. 1400U-1. Allocation of recovery zone bonds.
``Sec. 1400U-2. Recovery zone economic development bonds.
``Sec. 1400U-3. Recovery zone facility bonds.

     ``SEC. 1400U-1. ALLOCATION OF RECOVERY ZONE BONDS.

       ``(a) Allocations.--
       ``(1) In general.--
       ``(A) General allocation.--The Secretary shall allocate the 
     national recovery zone economic development bond limitation 
     and the national recovery zone facility bond limitation among 
     the States in the proportion that each such State's 2008 
     State employment decline bears to the aggregate of the 2008 
     State employment declines for all of the States.
       ``(B) Minimum allocation.--The Secretary shall adjust the 
     allocations under subparagraph (A) for any calendar year for 
     each State to the extent necessary to ensure that no State 
     receives less than 0.9 percent of the national recovery zone 
     economic development bond limitation and 0.9 percent of the 
     national recovery zone facility bond limitation.
       ``(2) 2008 state employment decline.--For purposes of this 
     subsection, the term `2008 State employment decline' means, 
     with respect to any State, the excess (if any) of--

[[Page H1369]]

       ``(A) the number of individuals employed in such State 
     determined for December 2007, over
       ``(B) the number of individuals employed in such State 
     determined for December 2008.
       ``(3) Allocations by states.--
       ``(A) In general.--Each State with respect to which an 
     allocation is made under paragraph (1) shall reallocate such 
     allocation among the counties and large municipalities in 
     such State in the proportion to each such county's or 
     municipality's 2008 employment decline bears to the aggregate 
     of the 2008 employment declines for all the counties and 
     municipalities in such State. A county or municipality may 
     waive any portion of an allocation made under this 
     subparagraph.
       ``(B) Large municipalities.--For purposes of subparagraph 
     (A), the term `large municipality' means a municipality with 
     a population of more than 100,000.
       ``(C) Determination of local employment declines.--For 
     purposes of this paragraph, the employment decline of any 
     municipality or county shall be determined in the same manner 
     as determining the State employment decline under paragraph 
     (2), except that in the case of a municipality any portion of 
     which is in a county, such portion shall be treated as part 
     of such municipality and not part of such county.
       ``(4) National limitations.--
       ``(A) Recovery zone economic development bonds.--There is a 
     national recovery zone economic development bond limitation 
     of $10,000,000,000.
       ``(B) Recovery zone facility bonds.--There is a national 
     recovery zone facility bond limitation of $15,000,000,000.
       ``(b) Recovery Zone.--For purposes of this part, the term 
     `recovery zone' means--
       ``(1) any area designated by the issuer as having 
     significant poverty, unemployment, rate of home foreclosures, 
     or general distress,
       ``(2) any area designated by the issuer as economically 
     distressed by reason of the closure or realignment of a 
     military installation pursuant to the Defense Base Closure 
     and Realignment Act of 1990, and
       ``(3) any area for which a designation as an empowerment 
     zone or renewal community is in effect.

     ``SEC. 1400U-2. RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS.

       ``(a) In General.--In the case of a recovery zone economic 
     development bond--
       ``(1) such bond shall be treated as a qualified bond for 
     purposes of section 6431, and
       ``(2) subsection (b) of such section shall be applied by 
     substituting `45 percent' for `35 percent'.
       ``(b) Recovery Zone Economic Development Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `recovery zone economic development bond' means any build 
     America bond (as defined in section 54AA(d)) issued before 
     January 1, 2011, as part of issue if--
       ``(A) 100 percent of the excess of--
       ``(i) the available project proceeds (as defined in section 
     54A) of such issue, over
       ``(ii) the amounts in a reasonably required reserve (within 
     the meaning of section 150(a)(3)) with respect to such issue,
     are to be used for one or more qualified economic development 
     purposes, and
       ``(B) the issuer designates such bond for purposes of this 
     section.
       ``(2) Limitation on amount of bonds designated.--The 
     maximum aggregate face amount of bonds which may be 
     designated by any issuer under paragraph (1) shall not exceed 
     the amount of the recovery zone economic development bond 
     limitation allocated to such issuer under section 1400U-1.
       ``(c) Qualified Economic Development Purpose.--For purposes 
     of this section, the term `qualified economic development 
     purpose' means expenditures for purposes of promoting 
     development or other economic activity in a recovery zone, 
     including--
       ``(1) capital expenditures paid or incurred with respect to 
     property located in such zone,
       ``(2) expenditures for public infrastructure and 
     construction of public facilities, and
       ``(3) expenditures for job training and educational 
     programs.

     ``SEC. 1400U-3. RECOVERY ZONE FACILITY BONDS.

       ``(a) In General.--For purposes of part IV of subchapter B 
     (relating to tax exemption requirements for State and local 
     bonds), the term `exempt facility bond' includes any recovery 
     zone facility bond.
       ``(b) Recovery Zone Facility Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `recovery zone facility bond' means any bond issued as part 
     of an issue if--
       ``(A) 95 percent or more of the net proceeds (as defined in 
     section 150(a)(3)) of such issue are to be used for recovery 
     zone property,
       ``(B) such bond is issued before January 1, 2011, and
       ``(C) the issuer designates such bond for purposes of this 
     section.
       ``(2) Limitation on amount of bonds designated.--The 
     maximum aggregate face amount of bonds which may be 
     designated by any issuer under paragraph (1) shall not exceed 
     the amount of recovery zone facility bond limitation 
     allocated to such issuer under section 1400U-1.
       ``(c) Recovery Zone Property.--For purposes of this 
     section--
       ``(1) In general.--The term `recovery zone property' means 
     any property to which section 168 applies (or would apply but 
     for section 179) if--
       ``(A) such property was constructed, reconstructed, 
     renovated, or acquired by purchase (as defined in section 
     179(d)(2)) by the taxpayer after the date on which the 
     designation of the recovery zone took effect,
       ``(B) the original use of which in the recovery zone 
     commences with the taxpayer, and
       ``(C) substantially all of the use of which is in the 
     recovery zone and is in the active conduct of a qualified 
     business by the taxpayer in such zone.
       ``(2) Qualified business.--The term `qualified business' 
     means any trade or business except that--
       ``(A) the rental to others of real property located in a 
     recovery zone shall be treated as a qualified business only 
     if the property is not residential rental property (as 
     defined in section 168(e)(2)), and
       ``(B) such term shall not include any trade or business 
     consisting of the operation of any facility described in 
     section 144(c)(6)(B).
       ``(3) Special rules for substantial renovations and sale-
     leaseback.--Rules similar to the rules of subsections (a)(2) 
     and (b) of section 1397D shall apply for purposes of this 
     subsection.
       ``(d) Nonapplication of Certain Rules.--Sections 146 
     (relating to volume cap) and 147(d) (relating to acquisition 
     of existing property not permitted) shall not apply to any 
     recovery zone facility bond.''.
       (b) Clerical Amendment.--The table of parts for subchapter 
     Y of chapter 1 of such Code is amended by adding at the end 
     the following new item:

                  ``Part III. Recovery Zone Bonds.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 1402. TRIBAL ECONOMIC DEVELOPMENT BONDS.

       (a) In General.--Section 7871 is amended by adding at the 
     end the following new subsection:
       ``(f) Tribal Economic Development Bonds.--
       ``(1) Allocation of limitation.--
       ``(A) In general.--The Secretary shall allocate the 
     national tribal economic development bond limitation among 
     the Indian tribal governments in such manner as the 
     Secretary, in consultation with the Secretary of the 
     Interior, determines appropriate.
       ``(B) National limitation.--There is a national tribal 
     economic development bond limitation of $2,000,000,000.
       ``(2) Bonds treated as exempt from tax.--In the case of a 
     tribal economic development bond--
       ``(A) notwithstanding subsection (c), such bond shall be 
     treated for purposes of this title in the same manner as if 
     such bond were issued by a State,
       ``(B) the Indian tribal government issuing such bond and 
     any instrumentality of such Indian tribal government shall be 
     treated as a State for purposes of section 141, and
       ``(C) section 146 shall not apply.
       ``(3) Tribal economic development bond.--
       ``(A) In general.--For purposes of this section, the term 
     `tribal economic development bond' means any bond issued by 
     an Indian tribal government--
       ``(i) the interest on which would be exempt from tax under 
     section 103 if issued by a State or local government, and
       ``(ii) which is designated by the Indian tribal government 
     as a tribal economic development bond for purposes of this 
     subsection.
       ``(B) Exceptions.--Such term shall not include any bond 
     issued as part of an issue if any portion of the proceeds of 
     such issue are used to finance--
       ``(i) any portion of a building in which class II or class 
     III gaming (as defined in section 4 of the Indian Gaming 
     Regulatory Act) is conducted or housed or any other property 
     actually used in the conduct of such gaming, or
       ``(ii) any facility located outside the Indian reservation 
     (as defined in section 168(j)(6)).
       ``(C) Limitation on amount of bonds designated.--The 
     maximum aggregate face amount of bonds which may be 
     designated by any Indian tribal government under subparagraph 
     (A) shall not exceed the amount of national tribal economic 
     development bond limitation allocated to such government 
     under paragraph (1).''.
       (b) Study.--The Secretary of the Treasury, or the 
     Secretary's delegate, shall conduct a study of the effects of 
     the amendment made by subsection (a). Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     the Treasury, or the Secretary's delegate, shall report to 
     Congress on the results of the study conducted under this 
     paragraph, including the Secretary's recommendations 
     regarding such amendment.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 1403. INCREASE IN NEW MARKETS TAX CREDIT.

       (a) In General.--Section 45D(f)(1) is amended--
       (1) by striking ``and'' at the end of subparagraph (C),
       (2) by striking ``, 2007, 2008, and 2009.'' in subparagraph 
     (D), and inserting ``and 2007,'', and
       (3) by adding at the end the following new subparagraphs:
       ``(E) $5,000,000,000 for 2008, and
       ``(F) $5,000,000,000 for 2009.''.
       (b) Special Rule for Allocation of Increased 2008 
     Limitation.--The amount of the increase in the new markets 
     tax credit limitation for calendar year 2008 by reason of the 
     amendments made by subsection (a) shall be allocated in 
     accordance with section 45D(f)(2) of the Internal Revenue 
     Code of 1986 to qualified community development entities (as 
     defined in section 45D(c) of such Code) which--
       (1) submitted an allocation application with respect to 
     calendar year 2008, and
       (2)(A) did not receive an allocation for such calendar 
     year, or
       (B) received an allocation for such calendar year in an 
     amount less than the amount requested in the allocation 
     application.

[[Page H1370]]

     SEC. 1404. COORDINATION OF LOW-INCOME HOUSING CREDIT AND LOW-
                   INCOME HOUSING GRANTS.

       Subsection (i) of section 42 is amended by adding at the 
     end the following new paragraph:
       ``(9) Coordination with low-income housing grants.--
       ``(A) Reduction in state housing credit ceiling for low-
     income housing grants received in 2009.--For purposes of this 
     section, the amounts described in clauses (i) through (iv) of 
     subsection (h)(3)(C) with respect to any State for 2009 shall 
     each be reduced by so much of such amount as is taken into 
     account in determining the amount of any grant to such State 
     under section 1602 of the American Recovery and Reinvestment 
     Tax Act of 2009.
       ``(B) Special rule for basis.--Basis of a qualified low-
     income building shall not be reduced by the amount of any 
     grant described in subparagraph (A).''.

               Subtitle F--Infrastructure Financing Tools

          PART I--IMPROVED MARKETABILITY FOR TAX-EXEMPT BONDS

     SEC. 1501. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT 
                   INTEREST EXPENSE OF FINANCIAL INSTITUTIONS.

       (a) In General.--Subsection (b) of section 265 is amended 
     by adding at the end the following new paragraph:
       ``(7) De minimis exception for bonds issued during 2009 or 
     2010.--
       ``(A) In general.--In applying paragraph (2)(A), there 
     shall not be taken into account tax-exempt obligations issued 
     during 2009 or 2010.
       ``(B) Limitation.--The amount of tax-exempt obligations not 
     taken into account by reason of subparagraph (A) shall not 
     exceed 2 percent of the amount determined under paragraph 
     (2)(B).
       ``(C) Refundings.--For purposes of this paragraph, a 
     refunding bond (whether a current or advance refunding) shall 
     be treated as issued on the date of the issuance of the 
     refunded bond (or in the case of a series of refundings, the 
     original bond).''.
       (b) Treatment as Financial Institution Preference Item.--
     Clause (iv) of section 291(e)(1)(B) is amended by adding at 
     the end the following: ``That portion of any obligation not 
     taken into account under paragraph (2)(A) of section 265(b) 
     by reason of paragraph (7) of such section shall be treated 
     for purposes of this section as having been acquired on 
     August 7, 1986.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2008.

     SEC. 1502. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-
                   EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR 
                   FINANCIAL INSTITUTIONS.

       (a) In General.--Paragraph (3) of section 265(b) (relating 
     to exception for certain tax-exempt obligations) is amended 
     by adding at the end the following new subparagraph:
       ``(G) Special rules for obligations issued during 2009 and 
     2010.--
       ``(i) Increase in limitation.--In the case of obligations 
     issued during 2009 or 2010, subparagraphs (C)(i), (D)(i), and 
     (D)(iii)(II) shall each be applied by substituting 
     `$30,000,000' for `$10,000,000'.
       ``(ii) Qualified 501(c)(3) bonds treated as issued by 
     exempt organization.--In the case of a qualified 501(c)(3) 
     bond (as defined in section 145) issued during 2009 or 2010, 
     this paragraph shall be applied by treating the 501(c)(3) 
     organization for whose benefit such bond was issued as the 
     issuer.
       ``(iii) Special rule for qualified financings.--In the case 
     of a qualified financing issue issued during 2009 or 2010--

       ``(I) subparagraph (F) shall not apply, and
       ``(II) any obligation issued as a part of such issue shall 
     be treated as a qualified tax-exempt obligation if the 
     requirements of this paragraph are met with respect to each 
     qualified portion of the issue (determined by treating each 
     qualified portion as a separate issue which is issued by the 
     qualified borrower with respect to which such portion 
     relates).

       ``(iv) Qualified financing issue.--For purposes of this 
     subparagraph, the term `qualified financing issue' means any 
     composite, pooled, or other conduit financing issue the 
     proceeds of which are used directly or indirectly to make or 
     finance loans to 1 or more ultimate borrowers each of whom is 
     a qualified borrower.
       ``(v) Qualified portion.--For purposes of this 
     subparagraph, the term `qualified portion' means that portion 
     of the proceeds which are used with respect to each qualified 
     borrower under the issue.
       ``(vi) Qualified borrower.--For purposes of this 
     subparagraph, the term `qualified borrower' means a borrower 
     which is a State or political subdivision thereof or an 
     organization described in section 501(c)(3) and exempt from 
     taxation under section 501(a).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after December 31, 2008.

     SEC. 1503. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX 
                   LIMITATIONS ON TAX-EXEMPT BONDS.

       (a) Interest on Private Activity Bonds Issued During 2009 
     and 2010 Not Treated as Tax Preference Item.--Subparagraph 
     (C) of section 57(a)(5) is amended by adding at the end a new 
     clause:
       ``(vi) Exception for bonds issued in 2009 and 2010.--

       ``(I) In general.--For purposes of clause (i), the term 
     `private activity bond' shall not include any bond issued 
     after December 31, 2008, and before January 1, 2011.
       ``(II) Treatment of refunding bonds.--For purposes of 
     subclause (I), a refunding bond (whether a current or advance 
     refunding) shall be treated as issued on the date of the 
     issuance of the refunded bond (or in the case of a series of 
     refundings, the original bond).
       ``(III) Exception for certain refunding bonds.--Subclause 
     (II) shall not apply to any refunding bond which is issued to 
     refund any bond which was issued after December 31, 2003, and 
     before January 1, 2009.''.

       (b) No Adjustment to Adjusted Current Earnings for Interest 
     on Tax-Exempt Bonds Issued During 2009 and 2010.--
     Subparagraph (B) of section 56(g)(4) is amended by adding at 
     the end the following new clause:
       ``(iv) Tax exempt interest on bonds issued in 2009 and 
     2010.--

       ``(I) In general.--Clause (i) shall not apply in the case 
     of any interest on a bond issued after December 31, 2008, and 
     before January 1, 2011.
       ``(II) Treatment of refunding bonds.--For purposes of 
     subclause (I), a refunding bond (whether a current or advance 
     refunding) shall be treated as issued on the date of the 
     issuance of the refunded bond (or in the case of a series of 
     refundings, the original bond).
       ``(III) Exception for certain refunding bonds.--Subclause 
     (II) shall not apply to any refunding bond which is issued to 
     refund any bond which was issued after December 31, 2003, and 
     before January 1, 2009.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2008.

     SEC. 1504. MODIFICATION TO HIGH SPEED INTERCITY RAIL FACILITY 
                   BONDS.

       (a) In General.--Paragraph (1) of section 142(i) is amended 
     by striking ``operate at speeds in excess of'' and inserting 
     ``be capable of attaining a maximum speed in excess of''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

    PART II--DELAY IN APPLICATION OF WITHHOLDING TAX ON GOVERNMENT 
                              CONTRACTORS

     SEC. 1511. DELAY IN APPLICATION OF WITHHOLDING TAX ON 
                   GOVERNMENT CONTRACTORS.

       Subsection (b) of section 511 of the Tax Increase 
     Prevention and Reconciliation Act of 2005 is amended by 
     striking ``December 31, 2010'' and inserting ``December 31, 
     2011''.

                 PART III--TAX CREDIT BONDS FOR SCHOOLS

     SEC. 1521. QUALIFIED SCHOOL CONSTRUCTION BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 54F. QUALIFIED SCHOOL CONSTRUCTION BONDS.

       ``(a) Qualified School Construction Bond.--For purposes of 
     this subchapter, the term `qualified school construction 
     bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for the construction, rehabilitation, or 
     repair of a public school facility or for the acquisition of 
     land on which such a facility is to be constructed with part 
     of the proceeds of such issue,
       ``(2) the bond is issued by a State or local government 
     within the jurisdiction of which such school is located, and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Limitation on Amount of Bonds Designated.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection (a) by 
     any issuer shall not exceed the limitation amount allocated 
     under subsection (d) for such calendar year to such issuer.
       ``(c) National Limitation on Amount of Bonds Designated.--
     There is a national qualified school construction bond 
     limitation for each calendar year. Such limitation is--
       ``(1) $11,000,000,000 for 2009,
       ``(2) $11,000,000,000 for 2010, and
       ``(3) except as provided in subsection (e), zero after 
     2010.
       ``(d) Allocation of Limitation.--
       ``(1) Allocation among states.--Except as provided in 
     paragraph (2)(C), the limitation applicable under subsection 
     (c) for any calendar year shall be allocated by the Secretary 
     among the States in proportion to the respective amounts each 
     such State is eligible to receive under section 1124 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6333) for the most recent fiscal year ending before such 
     calendar year. The limitation amount allocated to a State 
     under the preceding sentence shall be allocated by the State 
     to issuers within such State.
       ``(2) 40 percent of limitation allocated among largest 
     school districts.--
       ``(A) In general.--40 percent of the limitation applicable 
     under subsection (c) for any calendar year shall be allocated 
     under subparagraph (B) by the Secretary among local 
     educational agencies which are large local educational 
     agencies for such year.
       ``(B) Allocation formula.--The amount to be allocated under 
     subparagraph (A) for any calendar year shall be allocated 
     among large local educational agencies in proportion to the 
     respective amounts each such agency received under section 
     1124 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6333) for the most recent fiscal year ending 
     before such calendar year.
       ``(C) Reduction in state allocation.--The allocation to any 
     State under paragraph (1) shall be reduced by the aggregate 
     amount of the allocations under this paragraph to large local 
     educational agencies within such State.
       ``(D) Allocation of unused limitation to state.--The amount 
     allocated under this paragraph to a large local educational 
     agency for

[[Page H1371]]

     any calendar year may be reallocated by such agency to the 
     State in which such agency is located for such calendar year. 
     Any amount reallocated to a State under the preceding 
     sentence may be allocated as provided in paragraph (1).
       ``(E) Large local educational agency.--For purposes of this 
     paragraph, the term `large local educational agency' means, 
     with respect to a calendar year, any local educational agency 
     if such agency is--
       ``(i) among the 100 local educational agencies with the 
     largest numbers of children aged 5 through 17 from families 
     living below the poverty level, as determined by the 
     Secretary using the most recent data available from the 
     Department of Commerce that are satisfactory to the 
     Secretary, or
       ``(ii) 1 of not more than 25 local educational agencies 
     (other than those described in clause (i)) that the Secretary 
     of Education determines (based on the most recent data 
     available satisfactory to the Secretary) are in particular 
     need of assistance, based on a low level of resources for 
     school construction, a high level of enrollment growth, or 
     such other factors as the Secretary deems appropriate.
       ``(3) Allocations to certain possessions.--The amount to be 
     allocated under paragraph (1) to any possession of the United 
     States other than Puerto Rico shall be the amount which would 
     have been allocated if all allocations under paragraph (1) 
     were made on the basis of respective populations of 
     individuals below the poverty line (as defined by the Office 
     of Management and Budget). In making other allocations, the 
     amount to be allocated under paragraph (1) shall be reduced 
     by the aggregate amount allocated under this paragraph to 
     possessions of the United States.
       ``(4) Allocations for indian schools.--In addition to the 
     amounts otherwise allocated under this subsection, 
     $200,000,000 for calendar year 2009, and $200,000,000 for 
     calendar year 2010, shall be allocated by the Secretary of 
     the Interior for purposes of the construction, 
     rehabilitation, and repair of schools funded by the Bureau of 
     Indian Affairs. In the case of amounts allocated under the 
     preceding sentence, Indian tribal governments (as defined in 
     section 7701(a)(40)) shall be treated as qualified issuers 
     for purposes of this subchapter.
       ``(e) Carryover of Unused Limitation.--If for any calendar 
     year--
       ``(1) the amount allocated under subsection (d) to any 
     State, exceeds
       ``(2) the amount of bonds issued during such year which are 
     designated under subsection (a) pursuant to such allocation,

     the limitation amount under such subsection for such State 
     for the following calendar year shall be increased by the 
     amount of such excess. A similar rule shall apply to the 
     amounts allocated under subsection (d)(4).''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) is amended by striking 
     ``or'' at the end of subparagraph (C), by inserting ``or'' at 
     the end of subparagraph (D), and by inserting after 
     subparagraph (D) the following new subparagraph:
       ``(E) a qualified school construction bond,''.
       (2) Subparagraph (C) of section 54A(d)(2) is amended by 
     striking ``and'' at the end of clause (iii), by striking the 
     period at the end of clause (iv) and inserting ``, and'', and 
     by adding at the end the following new clause:
       ``(v) in the case of a qualified school construction bond, 
     a purpose specified in section 54F(a)(1).''.
       (3) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54F. Qualified school construction bonds.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 1522. EXTENSION AND EXPANSION OF QUALIFIED ZONE ACADEMY 
                   BONDS.

       (a) In General.--Section 54E(c)(1) is amended by striking 
     ``and 2009'' and inserting ``and $1,400,000,000 for 2009 and 
     2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after December 31, 2008.

                      PART IV--BUILD AMERICA BONDS

     SEC. 1531. BUILD AMERICA BONDS.

       (a) In General.--Part IV of subchapter A of chapter 1 is 
     amended by adding at the end the following new subpart:

                    ``Subpart J--Build America Bonds

``Sec. 54AA. Build America bonds.

     ``SEC. 54AA. BUILD AMERICA BONDS.

       ``(a) In General.--If a taxpayer holds a build America bond 
     on one or more interest payment dates of the bond during any 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter for the taxable year an amount 
     equal to the sum of the credits determined under subsection 
     (b) with respect to such dates.
       ``(b) Amount of Credit.--The amount of the credit 
     determined under this subsection with respect to any interest 
     payment date for a build America bond is 35 percent of the 
     amount of interest payable by the issuer with respect to such 
     date .
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than subpart C and this subpart).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year 
     (determined before the application of paragraph (1) for such 
     succeeding taxable year).
       ``(d) Build America Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `build America bond' means any obligation (other than a 
     private activity bond) if--
       ``(A) the interest on such obligation would (but for this 
     section) be excludable from gross income under section 103,
       ``(B) such obligation is issued before January 1, 2011, and
       ``(C) the issuer makes an irrevocable election to have this 
     section apply.
       ``(2) Applicable rules.--For purposes of applying paragraph 
     (1)--
       ``(A) for purposes of section 149(b), a build America bond 
     shall not be treated as federally guaranteed by reason of the 
     credit allowed under subsection (a) or section 6431,
       ``(B) for purposes of section 148, the yield on a build 
     America bond shall be determined without regard to the credit 
     allowed under subsection (a), and
       ``(C) a bond shall not be treated as a build America bond 
     if the issue price has more than a de minimis amount 
     (determined under rules similar to the rules of section 
     1273(a)(3)) of premium over the stated principal amount of 
     the bond.
       ``(e) Interest Payment Date.--For purposes of this section, 
     the term `interest payment date' means any date on which the 
     holder of record of the build America bond is entitled to a 
     payment of interest under such bond.
       ``(f) Special Rules.--
       ``(1) Interest on build america bonds includible in gross 
     income for federal income tax purposes.--For purposes of this 
     title, interest on any build America bond shall be includible 
     in gross income.
       ``(2) Application of certain rules.--Rules similar to the 
     rules of subsections (f), (g), (h), and (i) of section 54A 
     shall apply for purposes of the credit allowed under 
     subsection (a).
       ``(g) Special Rule for Qualified Bonds Issued Before 
     2011.--In the case of a qualified bond issued before January 
     1, 2011--
       ``(1) Issuer allowed refundable credit.--In lieu of any 
     credit allowed under this section with respect to such bond, 
     the issuer of such bond shall be allowed a credit as provided 
     in section 6431.
       ``(2) Qualified bond.--For purposes of this subsection, the 
     term `qualified bond' means any build America bond issued as 
     part of an issue if--
       ``(A) 100 percent of the excess of--
       ``(i) the available project proceeds (as defined in section 
     54A) of such issue, over
       ``(ii) the amounts in a reasonably required reserve (within 
     the meaning of section 150(a)(3)) with respect to such issue,
     are to be used for capital expenditures, and
       ``(B) the issuer makes an irrevocable election to have this 
     subsection apply.
       ``(h) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be necessary or 
     appropriate to carry out this section and section 6431.''.
       (b) Credit for Qualified Bonds Issued Before 2011.--
     Subchapter B of chapter 65 is amended by adding at the end 
     the following new section:

     ``SEC. 6431. CREDIT FOR QUALIFIED BONDS ALLOWED TO ISSUER.

       ``(a) In General.--In the case of a qualified bond issued 
     before January 1, 2011, the issuer of such bond shall be 
     allowed a credit with respect to each interest payment under 
     such bond which shall be payable by the Secretary as provided 
     in subsection (b).
       ``(b) Payment of Credit.--The Secretary shall pay 
     (contemporaneously with each interest payment date under such 
     bond) to the issuer of such bond (or to any person who makes 
     such interest payments on behalf of the issuer) 35 percent of 
     the interest payable under such bond on such date.
       ``(c) Application of Arbitrage Rules.--For purposes of 
     section 148, the yield on a qualified bond shall be reduced 
     by the credit allowed under this section.
       ``(d) Interest Payment Date.--For purposes of this 
     subsection, the term `interest payment date' means each date 
     on which interest is payable by the issuer under the terms of 
     the bond.
       ``(e) Qualified Bond.--For purposes of this subsection, the 
     term `qualified bond' has the meaning given such term in 
     section 54AA(g).''.
       (c) Conforming Amendments.--
       (1) Section 1324(b)(2) of title 31, United States Code, is 
     amended by striking ``or 6428'' and inserting ``6428, or 
     6431,''.
       (2) Section 54A(c)(1)(B) is amended by striking ``subpart 
     C'' and inserting ``subparts C and J''.
       (3) Sections 54(c)(2), 1397E(c)(2), and 1400N(l)(3)(B) are 
     each amended by striking ``and I'' and inserting ``, I, and 
     J''.
       (4) Section 6211(b)(4)(A) is amended by striking ``and 
     6428'' and inserting ``6428, and 6431''.
       (5) Section 6401(b)(1) is amended by striking ``and I'' and 
     inserting ``I, and J''.
       (6) The table of subparts for part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     item:

                  ``subpart j. build america bonds.''.

       (7) The table of section for subchapter B of chapter 65 is 
     amended by adding at the end the following new item:

``Sec. 6431. Credit for qualified bonds allowed to issuer.''.
       (d) Transitional Coordination With State Law.--Except as 
     otherwise provided by a State after the date of the enactment 
     of this Act, the interest on any build America bond (as 
     defined in section 54AA of the Internal Revenue Code of 1986, 
     as added by this section) and the amount

[[Page H1372]]

     of any credit determined under such section with respect to 
     such bond shall be treated for purposes of the income tax 
     laws of such State as being exempt from Federal income tax.
       (e) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

PART V--REGULATED INVESTMENT COMPANIES ALLOWED TO PASS-THRU TAX CREDIT 
                              BOND CREDITS

     SEC. 1541. REGULATED INVESTMENT COMPANIES ALLOWED TO PASS-
                   THRU TAX CREDIT BOND CREDITS.

       (a) In General.--Part I of subchapter M of chapter 1 is 
     amended by inserting after section 853 the following new 
     section:

     ``SEC. 853A. CREDITS FROM TAX CREDIT BONDS ALLOWED TO 
                   SHAREHOLDERS.

       ``(a) General Rule.--A regulated investment company--
       ``(1) which holds (directly or indirectly) one or more tax 
     credit bonds on one or more applicable dates during the 
     taxable year, and
       ``(2) which meets the requirements of section 852(a) for 
     the taxable year,
     may elect the application of this section with respect to 
     credits allowable to the investment company during such 
     taxable year with respect to such bonds.
       ``(b) Effect of Election.--If the election provided in 
     subsection (a) is in effect for any taxable year--
       ``(1) the regulated investment company shall not be allowed 
     any credits to which subsection (a) applies for such taxable 
     year,
       ``(2) the regulated investment company shall--
       ``(A) include in gross income (as interest) for such 
     taxable year an amount equal to the amount that such 
     investment company would have included in gross income with 
     respect to such credits if this section did not apply, and
       ``(B) increase the amount of the dividends paid deduction 
     for such taxable year by the amount of such income, and
       ``(3) each shareholder of such investment company shall--
       ``(A) include in gross income an amount equal to such 
     shareholder's proportionate share of the interest income 
     attributable to such credits, and
       ``(B) be allowed the shareholder's proportionate share of 
     such credits against the tax imposed by this chapter.
       ``(c) Notice to Shareholders.--For purposes of subsection 
     (b)(3), the shareholder's proportionate share of--
       ``(1) credits described in subsection (a), and
       ``(2) gross income in respect of such credits,
     shall not exceed the amounts so designated by the regulated 
     investment company in a written notice mailed to its 
     shareholders not later than 60 days after the close of its 
     taxable year.
       ``(d) Manner of Making Election and Notifying 
     Shareholders.--The election provided in subsection (a) and 
     the notice to shareholders required by subsection (c) shall 
     be made in such manner as the Secretary may prescribe.
       ``(e) Definitions and Special Rules.--
       ``(1) Definitions.--For purposes of this subsection--
       ``(A) Tax credit bond.--The term `tax credit bond' means--
       ``(i) a qualified tax credit bond (as defined in section 
     54A(d)),
       ``(ii) a build America bond (as defined in section 
     54AA(d)), and
       ``(iii) any bond for which a credit is allowable under 
     subpart H of part IV of subchapter A of this chapter.
       ``(B) Applicable date.--The term `applicable date' means--
       ``(i) in the case of a qualified tax credit bond or a bond 
     described in subparagraph (A)(iii), any credit allowance date 
     (as defined in section 54A(e)(1)), and
       ``(ii) in the case of a build America bond (as defined in 
     section 54AA(d)), any interest payment date (as defined in 
     section 54AA(e)).
       ``(2) Stripped tax credit bonds.--If the ownership of a tax 
     credit bond is separated from the credit with respect to such 
     bond, subsection (a) shall be applied by reference to the 
     instruments evidencing the entitlement to the credit rather 
     than the tax credit bond.
       ``(f) Regulations, etc.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including methods for determining a shareholder's 
     proportionate share of credits.''.
       (b) Conforming Amendments.--
       (1) Section 54(l) is amended by striking paragraph (4) and 
     by redesignating paragraphs (5) and (6) as paragraphs (4) and 
     (5), respectively.
       (2) Section 54A(h) is amended to read as follows:
       ``(h) Bonds Held by Real Estate Investment Trusts.--If any 
     qualified tax credit bond is held by a real estate investment 
     trust, the credit determined under subsection (a) shall be 
     allowed to beneficiaries of such trust (and any gross income 
     included under subsection (f) with respect to such credit 
     shall be distributed to such beneficiaries) under procedures 
     prescribed by the Secretary.''.
       (3) The table of sections for part I of subchapter M of 
     chapter 1 is amended by inserting after the item relating to 
     section 853 the following new item:

``Sec. 853A. Credits from tax credit bonds allowed to shareholders.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

                      Subtitle G--Other Provisions

     SEC. 1601. APPLICATION OF CERTAIN LABOR STANDARDS TO PROJECTS 
                   FINANCED WITH CERTAIN TAX-FAVORED BONDS.

       Subchapter IV of chapter 31 of the title 40, United States 
     Code, shall apply to projects financed with the proceeds of--
       (1) any new clean renewable energy bond (as defined in 
     section 54C of the Internal Revenue Code of 1986) issued 
     after the date of the enactment of this Act,
       (2) any qualified energy conservation bond (as defined in 
     section 54D of the Internal Revenue Code of 1986) issued 
     after the date of the enactment of this Act,
       (3) any qualified zone academy bond (as defined in section 
     54E of the Internal Revenue Code of 1986) issued after the 
     date of the enactment of this Act,
       (4) any qualified school construction bond (as defined in 
     section 54F of the Internal Revenue Code of 1986), and
       (5) any recovery zone economic development bond (as defined 
     in section 1400U-2 of the Internal Revenue Code of 1986).

     SEC. 1602. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS 
                   IN LIEU OF LOW-INCOME HOUSING CREDIT 
                   ALLOCATIONS FOR 2009.

       (a) In General.--The Secretary of the Treasury shall make a 
     grant to the housing credit agency of each State in an amount 
     equal to such State's low-income housing grant election 
     amount.
       (b) Low-Income Housing Grant Election Amount.--For purposes 
     of this section, the term ``low-income housing grant election 
     amount'' means, with respect to any State, such amount as the 
     State may elect which does not exceed 85 percent of the 
     product of--
       (1) the sum of--
       (A) 100 percent of the State housing credit ceiling for 
     2009 which is attributable to amounts described in clauses 
     (i) and (iii) of section 42(h)(3)(C) of the Internal Revenue 
     Code of 1986, and
       (B) 40 percent of the State housing credit ceiling for 2009 
     which is attributable to amounts described in clauses (ii) 
     and (iv) of such section, multiplied by
       (2) 10.
       (c) Subawards for Low-Income Buildings.--
       (1) In general.--A State housing credit agency receiving a 
     grant under this section shall use such grant to make 
     subawards to finance the construction or acquisition and 
     rehabilitation of qualified low-income buildings. A subaward 
     under this section may be made to finance a qualified low-
     income building with or without an allocation under section 
     42 of the Internal Revenue Code of 1986, except that a State 
     housing credit agency may make subawards to finance qualified 
     low-income buildings without an allocation only if it makes a 
     determination that such use will increase the total funds 
     available to the State to build and rehabilitate affordable 
     housing. In complying with such determination requirement, a 
     State housing credit agency shall establish a process in 
     which applicants that are allocated credits are required to 
     demonstrate good faith efforts to obtain investment 
     commitments for such credits before the agency makes such 
     subawards.
       (2) Subawards subject to same requirements as low-income 
     housing credit allocations.--Any such subaward with respect 
     to any qualified low-income building shall be made in the 
     same manner and shall be subject to the same limitations 
     (including rent, income, and use restrictions on such 
     building) as an allocation of housing credit dollar amount 
     allocated by such State housing credit agency under section 
     42 of the Internal Revenue Code of 1986, except that such 
     subawards shall not be limited by, or otherwise affect 
     (except as provided in subsection (h)(3)(J) of such section), 
     the State housing credit ceiling applicable to such agency.
       (3) Compliance and asset management.--The State housing 
     credit agency shall perform asset management functions to 
     ensure compliance with section 42 of the Internal Revenue 
     Code of 1986 and the long-term viability of buildings funded 
     by any subaward under this section. The State housing credit 
     agency may collect reasonable fees from a subaward recipient 
     to cover expenses associated with the performance of its 
     duties under this paragraph. The State housing credit agency 
     may retain an agent or other private contractor to satisfy 
     the requirements of this paragraph.
       (4) Recapture.--The State housing credit agency shall 
     impose conditions or restrictions, including a requirement 
     providing for recapture, on any subaward under this section 
     so as to assure that the building with respect to which such 
     subaward is made remains a qualified low-income building 
     during the compliance period. Any such recapture shall be 
     payable to the Secretary of the Treasury for deposit in the 
     general fund of the Treasury and may be enforced by means of 
     liens or such other methods as the Secretary of the Treasury 
     determines appropriate.
       (d) Return of Unused Grant Funds.--Any grant funds not used 
     to make subawards under this section before January 1, 2011, 
     shall be returned to the Secretary of the Treasury on such 
     date. Any subawards returned to the State housing credit 
     agency on or after such date shall be promptly returned to 
     the Secretary of the Treasury. Any amounts returned to the 
     Secretary of the Treasury under this subsection shall be 
     deposited in the general fund of the Treasury.
       (e) Definitions.--Any term used in this section which is 
     also used in section 42 of the Internal Revenue Code of 1986 
     shall have the same meaning for purposes of this section as 
     when used in such section 42. Any reference in this section 
     to the Secretary of the Treasury shall be treated as 
     including the Secretary's delegate.
       (f) Appropriations.--There is hereby appropriated to the 
     Secretary of the Treasury such sums as may be necessary to 
     carry out this section.

[[Page H1373]]

     SEC. 1603. GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF 
                   TAX CREDITS.

       (a) In General.--Upon application, the Secretary of the 
     Treasury shall, subject to the requirements of this section, 
     provide a grant to each person who places in service 
     specified energy property to reimburse such person for a 
     portion of the expense of such property as provided in 
     subsection (b). No grant shall be made under this section 
     with respect to any property unless such property--
       (1) is placed in service during 2009 or 2010, or
       (2) is placed in service after 2010 and before the credit 
     termination date with respect to such property, but only if 
     the construction of such property began during 2009 or 2010.
       (b) Grant Amount.--
       (1) In general.--The amount of the grant under subsection 
     (a) with respect to any specified energy property shall be 
     the applicable percentage of the basis of such property.
       (2) Applicable percentage.--For purposes of paragraph (1), 
     the term ``applicable percentage'' means--
       (A) 30 percent in the case of any property described in 
     paragraphs (1) through (4) of subsection (d), and
       (B) 10 percent in the case of any other property.
       (3) Dollar limitations.--In the case of property described 
     in paragraph (2), (6), or (7) of subsection (d), the amount 
     of any grant under this section with respect to such property 
     shall not exceed the limitation described in section 
     48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the Internal 
     Revenue Code of 1986, respectively, with respect to such 
     property.
       (c) Time for Payment of Grant.--The Secretary of the 
     Treasury shall make payment of any grant under subsection (a) 
     during the 60-day period beginning on the later of--
       (1) the date of the application for such grant, or
       (2) the date the specified energy property for which the 
     grant is being made is placed in service.
       (d) Specified Energy Property.--For purposes of this 
     section, the term ``specified energy property'' means any of 
     the following:
       (1) Qualified facilities.--Any qualified property (as 
     defined in section 48(a)(5)(D) of the Internal Revenue Code 
     of 1986) which is part of a qualified facility (within the 
     meaning of section 45 of such Code) described in paragraph 
     (1), (2), (3), (4), (6), (7), (9), or (11) of section 45(d) 
     of such Code.
       (2) Qualified fuel cell property.--Any qualified fuel cell 
     property (as defined in section 48(c)(1) of such Code).
       (3) Solar property.--Any property described in clause (i) 
     or (ii) of section 48(a)(3)(A) of such Code.
       (4) Qualified small wind energy property.--Any qualified 
     small wind energy property (as defined in section 48(c)(4) of 
     such Code).
       (5) Geothermal property.--Any property described in clause 
     (iii) of section 48(a)(3)(A) of such Code.
       (6) Qualified microturbine property.--Any qualified 
     microturbine property (as defined in section 48(c)(2) of such 
     Code).
       (7) Combined heat and power system property.--Any combined 
     heat and power system property (as defined in section 
     48(c)(3) of such Code).
       (8) Geothermal heat pump property.--Any property described 
     in clause (vii) of section 48(a)(3)(A) of such Code.

     Such term shall not include any property unless depreciation 
     (or amortization in lieu of depreciation) is allowable with 
     respect to such property.
       (e) Credit Termination Date.--For purposes of this section, 
     the term ``credit termination date'' means--
       (1) in the case of any specified energy property which is 
     part of a facility described in paragraph (1) of section 
     45(d) of the Internal Revenue Code of 1986, January 1, 2013,
       (2) in the case of any specified energy property which is 
     part of a facility described in paragraph (2), (3), (4), (6), 
     (7), (9), or (11) of section 45(d) of such Code, January 1, 
     2014, and
       (3) in the case of any specified energy property described 
     in section 48 of such Code, January 1, 2017.

     In the case of any property which is described in paragraph 
     (3) and also in another paragraph of this subsection, 
     paragraph (3) shall apply with respect to such property.
       (f) Application of Certain Rules.--In making grants under 
     this section, the Secretary of the Treasury shall apply rules 
     similar to the rules of section 50 of the Internal Revenue 
     Code of 1986. In applying such rules, if the property is 
     disposed of, or otherwise ceases to be specified energy 
     property, the Secretary of the Treasury shall provide for the 
     recapture of the appropriate percentage of the grant amount 
     in such manner as the Secretary of the Treasury determines 
     appropriate.
       (g) Exception for Certain Non-Taxpayers.--The Secretary of 
     the Treasury shall not make any grant under this section to--
       (1) any Federal, State, or local government (or any 
     political subdivision, agency, or instrumentality thereof),
       (2) any organization described in section 501(c) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code,
       (3) any entity referred to in paragraph (4) of section 
     54(j) of such Code, or
       (4) any partnership or other pass-thru entity any partner 
     (or other holder of an equity or profits interest) of which 
     is described in paragraph (1), (2) or (3).
       (h) Definitions.--Terms used in this section which are also 
     used in section 45 or 48 of the Internal Revenue Code of 1986 
     shall have the same meaning for purposes of this section as 
     when used in such section 45 or 48. Any reference in this 
     section to the Secretary of the Treasury shall be treated as 
     including the Secretary's delegate.
       (i) Appropriations.--There is hereby appropriated to the 
     Secretary of the Treasury such sums as may be necessary to 
     carry out this section.
       (j) Termination.--The Secretary of the Treasury shall not 
     make any grant to any person under this section unless the 
     application of such person for such grant is received before 
     October 1, 2011.

     SEC. 1604. INCREASE IN PUBLIC DEBT LIMIT.

       Subsection (b) of section 3101 of title 31, United States 
     Code, is amended by striking out the dollar limitation 
     contained in such subsection and inserting 
     ``$12,104,000,000,000''.

 Subtitle H--Prohibition on Collection of Certain Payments Made Under 
          the Continued Dumping and Subsidy Offset Act of 2000

     SEC. 1701. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE 
                   UNDER THE CONTINUED DUMPING AND SUBSIDY OFFSET 
                   ACT OF 2000.

       (a) In General.--Notwithstanding any other provision of 
     law, neither the Secretary of Homeland Security nor any other 
     person may--
       (1) require repayment of, or attempt in any other way to 
     recoup, any payments described in subsection (b); or
       (2) offset any past, current, or future distributions of 
     antidumping or countervailing duties assessed with respect to 
     imports from countries that are not parties to the North 
     American Free Trade Agreement in an attempt to recoup any 
     payments described in subsection (b).
       (b) Payments Described.--Payments described in this 
     subsection are payments of antidumping or countervailing 
     duties made pursuant to the Continued Dumping and Subsidy 
     Offset Act of 2000 (section 754 of the Tariff Act of 1930 (19 
     U.S.C. 1675c; repealed by subtitle F of title VII of the 
     Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 
     154))) that were--
       (1) assessed and paid on imports of goods from countries 
     that are parties to the North American Free Trade Agreement; 
     and
       (2) distributed on or after January 1, 2001, and before 
     January 1, 2006.
       (c) Payment of Funds Collected or Withheld.--Not later than 
     the date that is 60 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall--
       (1) refund any repayments, or any other recoupment, of 
     payments described in subsection (b); and
       (2) fully distribute any antidumping or countervailing 
     duties that the U.S. Customs and Border Protection is 
     withholding as an offset as described in subsection (a)(2).
       (d) Limitation.--Nothing in this section shall be construed 
     to prevent the Secretary of Homeland Security, or any other 
     person, from requiring repayment of, or attempting to 
     otherwise recoup, any payments described in subsection (b) as 
     a result of--
       (1) a finding of false statements or other misconduct by a 
     recipient of such a payment; or
       (2) the reliquidation of an entry with respect to which 
     such a payment was made.

                Subtitle I--Trade Adjustment Assistance

     SEC. 1800. SHORT TITLE.

       This subtitle may be cited as the ``Trade and Globalization 
     Adjustment Assistance Act of 2009''.

            PART I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

   Subpart A--Trade Adjustment Assistance for Service Sector Workers

     SEC. 1801. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO 
                   SERVICE SECTOR AND PUBLIC AGENCY WORKERS; 
                   SHIFTS IN PRODUCTION.

       (a) Definitions.--Section 247 of the Trade Act of 1974 (19 
     U.S.C. 2319) is amended--
       (1) in paragraph (1)--
       (A) by striking ``or appropriate subdivision of a firm''; 
     and
       (B) by striking ``or subdivision'';
       (2) in paragraph (2), by striking ``employment--'' and all 
     that follows and inserting ``employment, has been totally or 
     partially separated from such employment.'';
       (3) by inserting after paragraph (2) the following:
       ``(3) Subject to section 222(d)(5), the term `firm' means--
       ``(A) a firm, including an agricultural firm, service 
     sector firm, or public agency; or
       ``(B) an appropriate subdivision thereof.'';
       (4) by inserting after paragraph (6) the following:
       ``(7) The term `public agency' means a department or agency 
     of a State or local government or of the Federal Government, 
     or a subdivision thereof.'';
       (5) in paragraph (11), by striking ``, or in a subdivision 
     of which,''; and
       (6) by adding at the end the following:
       ``(18) The term `service sector firm' means a firm engaged 
     in the business of supplying services.''.
       (b) Group Eligibility Requirements.--Section 222 of the 
     Trade Act of 1974 (19 U.S.C. 2272) is amended--
       (1) in subsection (a)(2)--
       (A) by amending subparagraph (A)(ii) to read as follows:
       ``(ii)(I) imports of articles or services like or directly 
     competitive with articles produced or services supplied by 
     such firm have increased;
       ``(II) imports of articles like or directly competitive 
     with articles--
       ``(aa) into which one or more component parts produced by 
     such firm are directly incorporated, or
       ``(bb) which are produced directly using services supplied 
     by such firm,

     have increased; or

[[Page H1374]]

       ``(III) imports of articles directly incorporating one or 
     more component parts produced outside the United States that 
     are like or directly competitive with imports of articles 
     incorporating one or more component parts produced by such 
     firm have increased; and''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B)(i)(I) there has been a shift by such workers' firm to 
     a foreign country in the production of articles or the supply 
     of services like or directly competitive with articles which 
     are produced or services which are supplied by such firm; or
       ``(II) such workers' firm has acquired from a foreign 
     country articles or services that are like or directly 
     competitive with articles which are produced or services 
     which are supplied by such firm; and
       ``(ii) the shift described in clause (i)(I) or the 
     acquisition of articles or services described in clause 
     (i)(II) contributed importantly to such workers' separation 
     or threat of separation.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Adversely Affected Workers in Public Agencies.--A 
     group of workers in a public agency shall be certified by the 
     Secretary as eligible to apply for adjustment assistance 
     under this chapter pursuant to a petition filed under section 
     221 if the Secretary determines that--
       ``(1) a significant number or proportion of the workers in 
     the public agency have become totally or partially separated, 
     or are threatened to become totally or partially separated;
       ``(2) the public agency has acquired from a foreign country 
     services like or directly competitive with services which are 
     supplied by such agency; and
       ``(3) the acquisition of services described in paragraph 
     (2) contributed importantly to such workers' separation or 
     threat of separation.''.
       (c) Basis for Secretary's Determinations.--Section 222 of 
     the Trade Act of 1974 (19 U.S.C. 2272), as amended, is 
     further amended by adding at the end the following:
       ``(e) Basis for Secretary's Determinations.--
       ``(1) In general.--The Secretary shall, in determining 
     whether to certify a group of workers under section 223, 
     obtain from the workers' firm, or a customer of the workers' 
     firm, information the Secretary determines to be necessary to 
     make the certification, through questionnaires and in such 
     other manner as the Secretary determines appropriate.
       ``(2) Additional information.--The Secretary may seek 
     additional information to determine whether to certify a 
     group of workers under subsection (a), (b), or (c)--
       ``(A) by contacting--
       ``(i) officials or employees of the workers' firm;
       ``(ii) officials of customers of the workers' firm;
       ``(iii) officials of certified or recognized unions or 
     other duly authorized representatives of the group of 
     workers; or
       ``(iv) one-stop operators or one-stop partners (as defined 
     in section 101 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2801)); or
       ``(B) by using other available sources of information.
       ``(3) Verification of information.--
       ``(A) Certification.--The Secretary shall require a firm or 
     customer to certify--
       ``(i) all information obtained under paragraph (1) from the 
     firm or customer (as the case may be) through questionnaires; 
     and
       ``(ii) all other information obtained under paragraph (1) 
     from the firm or customer (as the case may be) on which the 
     Secretary relies in making a determination under section 223, 
     unless the Secretary has a reasonable basis for determining 
     that such information is accurate and complete without being 
     certified.
       ``(B) Use of subpoenas.--The Secretary shall require the 
     workers' firm or a customer of the workers' firm to provide 
     information requested by the Secretary under paragraph (1) by 
     subpoena pursuant to section 249 if the firm or customer (as 
     the case may be) fails to provide the information within 20 
     days after the date of the Secretary's request, unless the 
     firm or customer (as the case may be) demonstrates to the 
     satisfaction of the Secretary that the firm or customer (as 
     the case may be) will provide the information within a 
     reasonable period of time.
       ``(C) Protection of confidential information.--The 
     Secretary may not release information obtained under 
     paragraph (1) that the Secretary considers to be confidential 
     business information unless the firm or customer (as the case 
     may be) submitting the confidential business information had 
     notice, at the time of submission, that the information would 
     be released by the Secretary, or the firm or customer (as the 
     case may be) subsequently consents to the release of the 
     information. Nothing in this subparagraph shall be construed 
     to prohibit the Secretary from providing such confidential 
     business information to a court in camera or to another party 
     under a protective order issued by a court.''.
       (d) Penalties.--Section 244 of the Trade Act of 1974 (19 
     U.S.C. 2316) is amended to read as follows:

     ``SEC. 244. PENALTIES.

       ``Any person who--
       ``(1) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     for the purpose of obtaining or increasing for that person or 
     for any other person any payment authorized to be furnished 
     under this chapter or pursuant to an agreement under section 
     239, or
       ``(2) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     when providing information to the Secretary during an 
     investigation of a petition under section 221,

     shall be imprisoned for not more than one year, or fined 
     under title 18, United States Code, or both.''.
       (e) Conforming Amendments.--
       (1) Section 221(a) of the Trade Act of 1974 (19 U.S.C. 
     2271(a)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Secretary'' and inserting ``Secretary of 
     Labor''; and
       (II) by striking ``or subdivision'' and inserting ``(as 
     defined in section 247)''; and

       (ii) in subparagraph (A), by striking ``(including workers 
     in an agricultural firm or subdivision of any agricultural 
     firm)'';
       (B) in paragraph (2)(A), by striking ``rapid response 
     assistance'' and inserting ``rapid response activities''; and
       (C) in paragraph (3), by inserting ``and on the website of 
     the Department of Labor'' after ``Federal Register''.
       (2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), 
     as amended, is further amended--
       (A) by striking ``(including workers in any agricultural 
     firm or subdivision of an agricultural firm)'' each place it 
     appears;
       (B) in subsection (a)--
       (i) in paragraph (1), by striking ``, or an appropriate 
     subdivision of the firm,''; and
       (ii) in paragraph (2), by striking ``or subdivision'' each 
     place it appears;
       (C) in subsection (c) (as redesignated)--
       (i) in paragraph (2)--

       (I) by striking ``(or subdivision)'' each place it appears;
       (II) by inserting ``or service'' after ``the article''; and
       (III) by striking ``(c) (3)'' and inserting ``(d) (3)''; 
     and

       (ii) in paragraph (3), by striking ``(or subdivision)'' 
     each place it appears; and
       (D) in subsection (d) (as redesignated)--
       (i) by striking ``For purposes'' and inserting 
     ``Definitions.--For purposes'';
       (ii) in paragraph (2), by striking ``, or appropriate 
     subdivision of a firm,'' each place it appears;
       (iii) by amending paragraph (3) to read as follows:
       ``(3) Downstream producer.--
       ``(A) In general.--The term `downstream producer' means a 
     firm that performs additional, value-added production 
     processes or services directly for another firm for articles 
     or services with respect to which a group of workers in such 
     other firm has been certified under subsection (a).
       ``(B) Value-added production processes or services.--For 
     purposes of subparagraph (A), value-added production 
     processes or services include final assembly, finishing, 
     testing, packaging, or maintenance or transportation 
     services.'';
       (iv) in paragraph (4)--

       (I) by striking ``(or subdivision)''; and
       (II) by inserting ``, or services, used in the production 
     of articles or in the supply of services, as the case may 
     be,'' after ``for articles''; and

       (v) by adding at the end the following:
       ``(5) Reference to firm.--For purposes of subsection (a), 
     the term `firm' does not include a public agency.''.
       (3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 
     2291(a)(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``or subdivision of a firm''; and
       (B) in subparagraph (C), by striking ``or subdivision''.

     SEC. 1802. SEPARATE BASIS FOR CERTIFICATION.

       Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as 
     amended, is further amended by adding at the end the 
     following:
       ``(f) Firms Identified by the International Trade 
     Commission.--Notwithstanding any other provision of this 
     chapter, a group of workers covered by a petition filed under 
     section 221 shall be certified under subsection (a) as 
     eligible to apply for adjustment assistance under this 
     chapter if--
       ``(1) the workers' firm is publicly identified by name by 
     the International Trade Commission as a member of a domestic 
     industry in an investigation resulting in--
       ``(A) an affirmative determination of serious injury or 
     threat thereof under section 202(b)(1);
       ``(B) an affirmative determination of market disruption or 
     threat thereof under section 421(b)(1); or
       ``(C) an affirmative final determination of material injury 
     or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) 
     of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 
     1673d(b)(1)(A));
       ``(2) the petition is filed during the one-year period 
     beginning on the date on which--
       ``(A) a summary of the report submitted to the President by 
     the International Trade Commission under section 202(f)(1) 
     with respect to the affirmative determination described in 
     paragraph (1)(A) is published in the Federal Register under 
     section 202(f)(3); or
       ``(B) notice of an affirmative determination described in 
     subparagraph (B) or (C) of paragraph (1) is published in the 
     Federal Register; and
       ``(3) the workers have become totally or partially 
     separated from the workers' firm within--
       ``(A) the one-year period described in paragraph (2); or
       ``(B) notwithstanding section 223(b), the one-year period 
     preceding the one-year period described in paragraph (2).''.

     SEC. 1803. DETERMINATIONS BY SECRETARY OF LABOR.

       Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is 
     amended--
       (1) in subsection (b), by striking ``or appropriate 
     subdivision of the firm before his application'' and all that 
     follows and inserting ``before the worker's application under 
     section 231 occurred more than one year before the date of 
     the

[[Page H1375]]

     petition on which such certification was granted.'';
       (2) in subsection (c), by striking ``together with his 
     reasons'' and inserting ``and on the website of the 
     Department of Labor, together with the Secretary's reasons'';
       (3) in subsection (d)--
       (A) by striking ``or subdivision of the firm'' and all that 
     follows through ``he shall'' and inserting ``, that total or 
     partial separations from such firm are no longer attributable 
     to the conditions specified in section 222, the Secretary 
     shall''; and
       (B) by striking ``together with his reasons'' and inserting 
     ``and on the website of the Department of Labor, together 
     with the Secretary's reasons''; and
       (4) by adding at the end the following:
       ``(e) Standards for Investigations and Determinations.--
       ``(1) In general.--The Secretary shall establish standards, 
     including data requirements, for investigations of petitions 
     filed under section 221 and criteria for making 
     determinations under subsection (a).
       ``(2) Consultations.--Not less than 90 days before issuing 
     a final rule with respect to the standards required under 
     paragraph (1), the Secretary shall consult with the Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives with respect to such rule.''.

     SEC. 1804. MONITORING AND REPORTING RELATING TO SERVICE 
                   SECTOR.

       (a) In General.--Section 282 of the Trade Act of 1974 (19 
     U.S.C. 2393) is amended--
       (1) in the heading, by striking ``SYSTEM'' and inserting 
     ``AND DATA COLLECTION'';
       (2) in the first sentence--
       (A) by striking ``The Secretary'' and inserting ``(a) 
     Monitoring Programs.--The Secretary'';
       (B) by inserting ``and services'' after ``imports of 
     articles'';
       (C) by inserting ``and domestic supply of services'' after 
     ``domestic production'';
       (D) by inserting ``or supplying services'' after 
     ``producing articles''; and
       (E) by inserting ``, or supply of services,'' after 
     ``changes in production''; and
       (3) by adding at the end the following:
       ``(b) Collection of Data and Reports on Service Sector.--
       ``(1) Secretary of labor.--Not later than 90 days after the 
     date of the enactment of this subsection, the Secretary of 
     Labor shall implement a system to collect data on adversely 
     affected workers employed in the service sector that includes 
     the number of workers by State and industry, and by the cause 
     of the dislocation of each worker, as identified in the 
     certification.
       ``(2) Secretary of commerce.--Not later than 1 year after 
     such date of enactment, the Secretary of Commerce shall, in 
     consultation with the Secretary of Labor, conduct a study and 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report on ways to improve the timeliness and coverage of data 
     on trade in services, including methods to identify increased 
     imports due to the relocation of United States firms to 
     foreign countries, and increased imports due to United States 
     firms acquiring services from firms in foreign countries.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 282 and inserting the following:

``Sec. 282. Trade monitoring and data collection.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

    Subpart B--Industry Notifications Following Certain Affirmative 
                             Determinations

     SEC. 1811. NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE 
                   DETERMINATIONS.

       (a) In General.--Section 224 of the Trade Act of 1974 (19 
     U.S.C. 2274) is amended--
       (1) by amending the heading to read as follows:

     ``SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN 
                   AFFIRMATIVE DETERMINATIONS; INDUSTRY 
                   NOTIFICATION OF ASSISTANCE.'';

       (2) in subsection (a), by striking ``Whenever'' and 
     inserting ``Study of Domestic Industry.--Whenever'';
       (3) in subsection (b)--
       (A) by striking ``The report'' and inserting ``Report by 
     the Secretary.--The report''; and
       (B) by inserting ``and on the website of the Department of 
     Labor'' after ``Federal Register''; and
       (4) by adding at the end the following:
       ``(c) Notifications Following Affirmative Global Safeguard 
     Determinations.--Upon making an affirmative determination 
     under section 202(b)(1), the Commission shall promptly notify 
     the Secretary of Labor and the Secretary of Commerce and, in 
     the case of a determination with respect to an agricultural 
     commodity, the Secretary of Agriculture, of the 
     determination.
       ``(d) Notifications Following Affirmative Bilateral or 
     Plurilateral Safeguard Determinations.--
       ``(1) Notifications of determinations of market 
     disruption.--Upon making an affirmative determination under 
     section 421(b)(1), the Commission shall promptly notify the 
     Secretary of Labor and the Secretary of Commerce and, in the 
     case of a determination with respect to an agricultural 
     commodity, the Secretary of Agriculture, of the 
     determination.
       ``(2) Notifications regarding trade agreement safeguards.--
     Upon making an affirmative determination in a proceeding 
     initiated under an applicable safeguard provision (other than 
     a provision described in paragraph (3)) that is enacted to 
     implement a trade agreement to which the United States is a 
     party, the Commission shall promptly notify the Secretary of 
     Labor and the Secretary of Commerce and, in the case of a 
     determination with respect to an agricultural commodity, the 
     Secretary of Agriculture, of the determination.
       ``(3) Notifications regarding textile and apparel 
     safeguards.--Upon making an affirmative determination in a 
     proceeding initiated under any safeguard provision relating 
     to textile and apparel articles that is enacted to implement 
     a trade agreement to which the United States is a party, the 
     President shall promptly notify the Secretary of Labor and 
     the Secretary of Commerce of the determination.
       ``(e) Notifications Following Certain Affirmative 
     Determinations Under Title Vii of the Tariff Act of 1930.--
     Upon making an affirmative determination under section 
     705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 
     U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission 
     shall promptly notify the Secretary of Labor and the 
     Secretary of Commerce and, in the case of a determination 
     with respect to an agricultural commodity, the Secretary of 
     Agriculture, of the determination.
       ``(f) Industry Notification of Assistance.--Upon receiving 
     a notification of a determination under subsection (c), (d), 
     or (e) with respect to a domestic industry--
       ``(1) the Secretary of Labor shall--
       ``(A) notify the representatives of the domestic industry 
     affected by the determination, firms publicly identified by 
     name during the course of the proceeding relating to the 
     determination, and any certified or recognized union or, to 
     the extent practicable, other duly authorized representative 
     of workers employed by such representatives of the domestic 
     industry, of--
       ``(i) the allowances, training, employment services, and 
     other benefits available under this chapter;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions;
       ``(B) notify the Governor of each State in which one or 
     more firms in the industry described in subparagraph (A) are 
     located of the Commission's determination and the identity of 
     the firms; and
       ``(C) upon request, provide any assistance that is 
     necessary to file a petition under section 221;
       ``(2) the Secretary of Commerce shall--
       ``(A) notify the representatives of the domestic industry 
     affected by the determination and any firms publicly 
     identified by name during the course of the proceeding 
     relating to the determination of--
       ``(i) the benefits available under chapter 3;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions; and
       ``(B) upon request, provide any assistance that is 
     necessary to file a petition under section 251; and
       ``(3) in the case of an affirmative determination based 
     upon imports of an agricultural commodity, the Secretary of 
     Agriculture shall--
       ``(A) notify representatives of the domestic industry 
     affected by the determination and any agricultural commodity 
     producers publicly identified by name during the course of 
     the proceeding relating to the determination of--
       ``(i) the benefits available under chapter 6;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions; and
       ``(B) upon request, provide any assistance that is 
     necessary to file a petition under section 292.
       ``(g) Representatives of the Domestic Industry.--For 
     purposes of subsection (f), the term `representatives of the 
     domestic industry' means the persons that petitioned for 
     relief in connection with--
       ``(1) a proceeding under section 202 or 421 of this Act;
       ``(2) a proceeding under section 702(b) or 732(b) of the 
     Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or
       ``(3) any safeguard investigation described in subsection 
     (d)(2) or (d)(3).''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 224 and inserting the following:

``Sec. 224. Study and notifications regarding certain affirmative 
              determinations; industry notification of assistance.''.

     SEC. 1812. NOTIFICATION TO SECRETARY OF COMMERCE.

       Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is 
     amended by adding at the end the following:
       ``(c) Upon issuing a certification under section 223, the 
     Secretary shall notify the Secretary of Commerce of the 
     identity of each firm covered by the certification.''.

                      Subpart C--Program Benefits

     SEC. 1821. QUALIFYING REQUIREMENTS FOR WORKERS.

       (a) In General.--Section 231(a)(5)(A)(ii) of the Trade Act 
     of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended--
       (1) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) in the case of a worker whose most recent total 
     separation from adversely affected employment that meets the 
     requirements of paragraphs (1) and (2) occurs after the date 
     on which the Secretary issues a certification covering the 
     worker, the last day of the 26th week after such total 
     separation,
       ``(II) in the case of a worker whose most recent total 
     separation from adversely affected employment that meets the 
     requirements of paragraphs (1) and (2) occurs before the date 
     on which the Secretary issues a certification covering the 
     worker, the last day of the 26th week after the date of such 
     certification,'';

[[Page H1376]]

       (2) in subclause (III)--
       (A) by striking ``later of the dates specified in subclause 
     (I) or (II)'' and inserting ``date specified in subclause (I) 
     or (II), as the case may be''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subclause (IV) as subclause (V); and
       (4) by inserting after subclause (III) the following:
       ``(IV) in the case of a worker who fails to enroll by the 
     date required by subclause (I), (II), or (III), as the case 
     may be, due to the failure to provide the worker with timely 
     information regarding the date specified in such subclause, 
     the last day of a period determined by the Secretary, or''.
       (b) Waivers of Training Requirements.--Section 231(c) of 
     the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended--
       (1) in paragraph (1)(B)--
       (A) by striking ``The worker possesses'' and inserting the 
     following:
       ``(i) In general.--The worker possesses''; and
       (B) by adding at the end the following:
       ``(ii) Marketable skills defined.--For purposes of clause 
     (i), the term `marketable skills' may include the possession 
     of a postgraduate degree from an institution of higher 
     education (as defined in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, 
     or the possession of an equivalent postgraduate certification 
     in a specialized field.'';
       (2) in paragraph (2)(A), by striking ``A waiver'' and 
     inserting ``Except as provided in paragraph (3)(B), a 
     waiver''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``Pursuant to an 
     agreement under section 239, the Secretary may authorize a'' 
     and inserting ``An agreement under section 239 shall 
     authorize a'';
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) Review of waivers.--An agreement under section 239 
     shall require a cooperating State to review each waiver 
     issued by the State under subparagraph (A), (B), (D), (E), or 
     (F) of paragraph (1)--
       ``(i) 3 months after the date on which the State issues the 
     waiver; and
       ``(ii) on a monthly basis thereafter.''.
       (c) Conforming Amendments.--
       (1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291), 
     as amended, is further amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``more than 60 days'' and all that follows 
     through ``section 221'' and inserting ``on or after the date 
     of such certification''; and
       (B) in subsection (b)--
       (i) by striking paragraph (2); and
       (ii) in paragraph (1)--

       (I) by striking ``(1)'';
       (II) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively;
       (III) by redesignating clauses (i) and (ii) as 
     subparagraphs (A) and (B), respectively; and
       (IV) by redesignating subclauses (I) and (II) as clauses 
     (i) and (ii), respectively.

       (2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) 
     is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) through (g) as 
     subsections (b) through (f), respectively.

     SEC. 1822. WEEKLY AMOUNTS.

       Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``subsections (b) and (c)'' and inserting 
     ``subsections (b), (c), and (d)'';
       (B) by striking ``total unemployment'' the first place it 
     appears and inserting ``unemployment''; and
       (C) in paragraph (2), by inserting before the period the 
     following: ``, except that in the case of an adversely 
     affected worker who is participating in training under this 
     chapter, such income shall not include earnings from work for 
     such week that are equal to or less than the most recent 
     weekly benefit amount of the unemployment insurance payable 
     to the worker for a week of total unemployment preceding the 
     worker's first exhaustion of unemployment insurance (as 
     determined for purposes of section 231(a)(3)(B))''; and
       (2) by adding at the end the following:
       ``(d) Election of Trade Readjustment Allowance or 
     Unemployment Insurance.--Notwithstanding section 
     231(a)(3)(B), an adversely affected worker may elect to 
     receive a trade readjustment allowance instead of 
     unemployment insurance during any week with respect to which 
     the worker--
       ``(1) is entitled to receive unemployment insurance as a 
     result of the establishment by the worker of a new benefit 
     year under State law, based in whole or in part upon part-
     time or short-term employment in which the worker engaged 
     after the worker's most recent total separation from 
     adversely affected employment; and
       ``(2) is otherwise entitled to a trade readjustment 
     allowance.''.

     SEC. 1823. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES; 
                   ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN 
                   TRAINING.

       Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) 
     is amended--
       (1) in paragraph (2), by inserting ``under paragraph (1)'' 
     after ``trade readjustment allowance''; and
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``training approved for him'' and inserting 
     ``a training program approved for the worker'';
       (ii) by striking ``52 additional weeks'' and inserting ``78 
     additional weeks''; and
       (iii) by striking ``52-week'' and inserting ``91-week''; 
     and
       (B) in the matter following subparagraph (B), by striking 
     ``52-week'' and inserting ``91-week''.

     SEC. 1824. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY 
                   PERIOD.

       Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as 
     amended, is further amended by adding at the end the 
     following:
       ``(g) Special Rule for Calculating Separation.--
     Notwithstanding any other provision of this chapter, any 
     period during which a judicial or administrative appeal is 
     pending with respect to the denial by the Secretary of a 
     petition under section 223 shall not be counted for purposes 
     of calculating the period of separation under subsection 
     (a)(2).
       ``(h) Special Rule for Justifiable Cause.--If the Secretary 
     determines that there is justifiable cause, the Secretary may 
     extend the period during which trade readjustment allowances 
     are payable to an adversely affected worker under paragraphs 
     (2) and (3) of subsection (a) (but not the maximum amounts of 
     such allowances that are payable under this section).
       ``(i) Special Rule With Respect to Military Service.--
       ``(1) In general.--Notwithstanding any other provision of 
     this chapter, the Secretary may waive any requirement of this 
     chapter that the Secretary determines is necessary to ensure 
     that an adversely affected worker who is a member of a 
     reserve component of the Armed Forces and serves a period of 
     duty described in paragraph (2) is eligible to receive a 
     trade readjustment allowance, training, and other benefits 
     under this chapter in the same manner and to the same extent 
     as if the worker had not served the period of duty.
       ``(2) Period of duty described.--An adversely affected 
     worker serves a period of duty described in this paragraph 
     if, before completing training under section 236, the 
     worker--
       ``(A) serves on active duty for a period of more than 30 
     days under a call or order to active duty of more than 30 
     days; or
       ``(B) in the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     performs full-time National Guard duty under section 502(f) 
     of title 32, United States Code, for 30 consecutive days or 
     more when authorized by the President or the Secretary of 
     Defense for the purpose of responding to a national emergency 
     declared by the President and supported by Federal funds.''.

     SEC. 1825. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD 
                   CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING 
                   OF CLAIMS.

       Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is 
     amended--
       (1) by striking ``Except where inconsistent'' and inserting 
     ``(a) In General.--Except where inconsistent''; and
       (2) by adding at the end the following:
       ``(b) Special Rule With Respect to State Laws and 
     Regulations on Good Cause for Waiver of Time Limits or Late 
     Filing of Claims.--Any law, regulation, policy, or practice 
     of a cooperating State that allows for a waiver for good 
     cause of any time limitation relating to the administration 
     of the State unemployment insurance law shall, in the 
     administration of the program under this chapter by the 
     State, apply to any time limitation with respect to an 
     application for a trade readjustment allowance or enrollment 
     in training under this chapter.''.

     SEC. 1826. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       (a) In General.--Section 235 of the Trade Act of 1974 (19 
     U.S.C. 2295) is amended to read as follows:

     ``SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       ``The Secretary shall make available, directly or through 
     agreements with States under section 239, to adversely 
     affected workers and adversely affected incumbent workers 
     covered by a certification under subchapter A of this chapter 
     the following employment and case management services:
       ``(1) Comprehensive and specialized assessment of skill 
     levels and service needs, including through--
       ``(A) diagnostic testing and use of other assessment tools; 
     and
       ``(B) in-depth interviewing and evaluation to identify 
     employment barriers and appropriate employment goals.
       ``(2) Development of an individual employment plan to 
     identify employment goals and objectives, and appropriate 
     training to achieve those goals and objectives.
       ``(3) Information on training available in local and 
     regional areas, information on individual counseling to 
     determine which training is suitable training, and 
     information on how to apply for such training.
       ``(4) Information on how to apply for financial aid, 
     including referring workers to educational opportunity 
     centers described in section 402F of the Higher Education Act 
     of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying 
     workers that the workers may request financial aid 
     administrators at institutions of higher education (as 
     defined in section 102 of such Act (20 U.S.C. 1002)) to use 
     the administrators' discretion under section 479A of such Act 
     (20 U.S.C. 1087tt) to use current year income data, rather 
     than preceding year income data, for determining the amount 
     of need of the workers for Federal financial assistance under 
     title IV of such Act (20 U.S.C. 1070 et seq.).
       ``(5) Short-term prevocational services, including 
     development of learning skills, communications skills, 
     interviewing skills, punctuality, personal maintenance 
     skills, and professional conduct to prepare individuals for 
     employment or training.
       ``(6) Individual career counseling, including job search 
     and placement counseling, during the period in which the 
     individual is receiving a trade adjustment allowance or 
     training under

[[Page H1377]]

     this chapter, and after receiving such training for purposes 
     of job placement.
       ``(7) Provision of employment statistics information, 
     including the provision of accurate information relating to 
     local, regional, and national labor market areas, including--
       ``(A) job vacancy listings in such labor market areas;
       ``(B) information on jobs skills necessary to obtain jobs 
     identified in job vacancy listings described in subparagraph 
     (A);
       ``(C) information relating to local occupations that are in 
     demand and earnings potential of such occupations; and
       ``(D) skills requirements for local occupations described 
     in subparagraph (C).
       ``(8) Information relating to the availability of 
     supportive services, including services relating to child 
     care, transportation, dependent care, housing assistance, and 
     need-related payments that are necessary to enable an 
     individual to participate in training.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 235 and inserting the following:

``235. Employment and case management services.''.

     SEC. 1827. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE 
                   MANAGEMENT SERVICES.

       (a) In General.--Part II of subchapter B of chapter 2 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is 
     amended by inserting after section 235 the following:

     ``SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND 
                   EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       ``(a) Funding for Administrative Expenses and Employment 
     and Case Management Services.--
       ``(1) In general.--In addition to any funds made available 
     to a State to carry out section 236 for a fiscal year, the 
     State shall receive for the fiscal year a payment in an 
     amount that is equal to 15 percent of the amount of such 
     funds.
       ``(2) Use of funds.--A State that receives a payment under 
     paragraph (1) shall--
       ``(A) use not more than \2/3\ of such payment for the 
     administration of the trade adjustment assistance for workers 
     program under this chapter, including for--
       ``(i) processing waivers of training requirements under 
     section 231;
       ``(ii) collecting, validating, and reporting data required 
     under this chapter; and
       ``(iii) providing reemployment trade adjustment assistance 
     under section 246; and
       ``(B) use not less than \1/3\ of such payment for 
     employment and case management services under section 235.
       ``(b) Additional Funding for Employment and Case Management 
     Services.--
       ``(1) In general.--In addition to any funds made available 
     to a State to carry out section 236 and the payment under 
     subsection (a)(1) for a fiscal year, the Secretary shall 
     provide to the State for the fiscal year a payment in the 
     amount of $350,000.
       ``(2) Use of funds.--A State that receives a payment under 
     paragraph (1) shall use such payment for the purpose of 
     providing employment and case management services under 
     section 235.
       ``(3) Voluntary return of funds.--A State that receives a 
     payment under paragraph (1) may decline or otherwise return 
     such payment to the Secretary.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 235 the following:

``Sec. 235A. Funding for administrative expenses and employment and 
              case management services.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1828. TRAINING FUNDING.

       (a) In General.--Section 236(a)(2) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)(2)) is amended to read as follows:
       ``(2)(A) The total amount of payments that may be made 
     under paragraph (1) shall not exceed--
       ``(i) for each of the fiscal years 2009 and 2010, 
     $575,000,000; and
       ``(ii) for the period beginning October 1, 2010, and ending 
     December 31, 2010, $143,750,000.
       ``(B)(i) The Secretary shall, as soon as practicable after 
     the beginning of each fiscal year, make an initial 
     distribution of the funds made available to carry out this 
     section, in accordance with the requirements of subparagraph 
     (C).
       ``(ii) The Secretary shall ensure that not less than 90 
     percent of the funds made available to carry out this section 
     for a fiscal year are distributed to the States by not later 
     than July 15 of that fiscal year.
       ``(C)(i) In making the initial distribution of funds 
     pursuant to subparagraph (B)(i) for a fiscal year, the 
     Secretary shall hold in reserve 35 percent of the funds made 
     available to carry out this section for that fiscal year for 
     additional distributions during the remainder of the fiscal 
     year.
       ``(ii) Subject to clause (iii), in determining how to 
     apportion the initial distribution of funds pursuant to 
     subparagraph (B)(i) in a fiscal year, the Secretary shall 
     take into account, with respect to each State--
       ``(I) the trend in the number of workers covered by 
     certifications of eligibility under this chapter during the 
     most recent 4 consecutive calendar quarters for which data 
     are available;
       ``(II) the trend in the number of workers participating in 
     training under this section during the most recent 4 
     consecutive calendar quarters for which data are available;
       ``(III) the number of workers estimated to be participating 
     in training under this section during the fiscal year;
       ``(IV) the amount of funding estimated to be necessary to 
     provide training approved under this section to such workers 
     during the fiscal year; and
       ``(V) such other factors as the Secretary considers 
     appropriate relating to the provision of training under this 
     section.
       ``(iii) In no case may the amount of the initial 
     distribution to a State pursuant to subparagraph (B)(i) in a 
     fiscal year be less than 25 percent of the initial 
     distribution to the State in the preceding fiscal year.
       ``(D) The Secretary shall establish procedures for the 
     distribution of the funds that remain available for the 
     fiscal year after the initial distribution required under 
     subparagraph (B)(i). Such procedures may include the 
     distribution of funds pursuant to requests submitted by 
     States in need of such funds.
       ``(E) If, during a fiscal year, the Secretary estimates 
     that the amount of funds necessary to pay the costs of 
     training approved under this section will exceed the dollar 
     amount limitation specified in subparagraph (A), the 
     Secretary shall decide how the amount of funds made available 
     to carry out this section that have not been distributed at 
     the time of the estimate will be apportioned among the States 
     for the remainder of the fiscal year.''.
       (b) Determinations Regarding Training.--Section 236(a)(9) 
     of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended--
       (1) by striking ``The Secretary'' and inserting ``(A) 
     Subject to subparagraph (B), the Secretary''; and
       (2) by adding at the end the following:
       ``(B)(i) In determining under paragraph (1)(E) whether a 
     worker is qualified to undertake and complete training, the 
     Secretary may approve training for a period longer than the 
     worker's period of eligibility for trade readjustment 
     allowances under part I if the worker demonstrates a 
     financial ability to complete the training after the 
     expiration of the worker's period of eligibility for such 
     trade readjustment allowances.
       ``(ii) In determining the reasonable cost of training under 
     paragraph (1)(F) with respect to a worker, the Secretary may 
     consider whether other public or private funds are reasonably 
     available to the worker, except that the Secretary may not 
     require a worker to obtain such funds as a condition of 
     approval of training under paragraph (1).''.
       (c) Regulations.--Section 236 of the Trade Act of 1974 (19 
     U.S.C. 2296) is amended by adding at the end the following:
       ``(g) Regulations With Respect to Apportionment of Training 
     Funds to States.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this subsection, the Secretary shall issue 
     such regulations as may be necessary to carry out the 
     provisions of subsection (a)(2).
       ``(2) Consultations.--The Secretary shall consult with the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives not less than 90 
     days before issuing any regulation pursuant to paragraph 
     (1).''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of the 
     90-day period beginning on the date of the enactment of this 
     Act, except that--
       (1) subparagraph (A) of section 236(a)(2) of the Trade Act 
     of 1974, as amended by subsection (a) of this section, shall 
     take effect on the date of the enactment of this Act; and
       (2) subparagraphs (B), (C), and (D) of such section 
     236(a)(2) shall take effect on October 1, 2009.

     SEC. 1829. PREREQUISITE EDUCATION; APPROVED TRAINING 
                   PROGRAMS.

       (a) In General.--Section 236(a)(5) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)(5)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' at the end of clause (i);
       (B) by adding ``and'' at the end of clause (ii); and
       (C) by inserting after clause (ii) the following:
       ``(iii) apprenticeship programs registered under the Act of 
     August 16, 1937 (commonly known as the `National 
     Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
     et seq.),'';
       (2) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively;
       (3) by inserting after subparagraph (D) the following:
       ``(E) any program of prerequisite education or coursework 
     required to enroll in training that may be approved under 
     this section,'';
       (4) in subparagraph (F)(ii), as redesignated by paragraph 
     (2), by striking ``and'' at the end;
       (5) in subparagraph (G), as redesignated by paragraph (2), 
     by striking the period at the end and inserting ``, and''; 
     and
       (6) by adding at the end the following:
       ``(H) any training program or coursework at an accredited 
     institution of higher education (described in section 102 of 
     the Higher Education Act of 1965 (20 U.S.C. 1002)), including 
     a training program or coursework for the purpose of--
       ``(i) obtaining a degree or certification; or
       ``(ii) completing a degree or certification that the worker 
     had previously begun at an accredited institution of higher 
     education.
     The Secretary may not limit approval of a training program 
     under paragraph (1) to a program provided pursuant to title I 
     of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
     seq.).''.
       (b) Conforming Amendments.--Section 233 of the Trade Act of 
     1974 (19 U.S.C. 2293) is amended--
       (1) in subsection (a)(2), by inserting ``prerequisite 
     education or'' after ``requires a program of''; and
       (2) in subsection (f) (as redesignated by section 1821(c) 
     of this subtitle), by inserting ``prerequisite education or'' 
     after ``includes a program of''.

[[Page H1378]]

       (c) Technical Corrections.--Section 236 of the Trade Act of 
     1974 (19 U.S.C. 2296) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the flush text, by striking ``his 
     behalf'' and inserting ``the worker's behalf''; and
       (B) in paragraph (3), by striking ``this paragraph (1)'' 
     and inserting ``paragraph (1)''; and
       (2) in subsection (b)(2), by striking ``, and'' and 
     inserting a period.

     SEC. 1830. PRE-LAYOFF AND PART-TIME TRAINING.

       (a) Pre-Layoff Training.--
       (1) In general.--Section 236(a) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)) is amended--
       (A) in paragraph (1), by inserting after ``determines'' the 
     following: ``, with respect to an adversely affected worker 
     or an adversely affected incumbent worker,'';
       (B) in paragraph (4)--
       (i) in subparagraphs (A) and (B), by inserting ``or an 
     adversely affected incumbent worker'' after ``an adversely 
     affected worker'' each place it appears; and
       (ii) in subparagraph (C), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker'' each place it appears;
       (C) in paragraph (5), in the matter preceding subparagraph 
     (A), by striking ``The training programs'' and inserting 
     ``Except as provided in paragraph (10), the training 
     programs'';
       (D) in paragraph (6)(B), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker'';
       (E) in paragraph (7)(B), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker''; and
       (F) by inserting after paragraph (9) the following:
       ``(10) In the case of an adversely affected incumbent 
     worker, the Secretary may not approve--
       ``(A) on-the-job training under paragraph (5)(A)(i); or
       ``(B) customized training under paragraph (5)(A)(ii), 
     unless such training is for a position other than the 
     worker's adversely affected employment.
       ``(11) If the Secretary determines that an adversely 
     affected incumbent worker for whom the Secretary approved 
     training under this section is no longer threatened with a 
     total or partial separation, the Secretary shall terminate 
     the approval of such training.''.
       (2) Definitions.--Section 247 of the Trade Act of 1974 (19 
     U.S.C. 2319), as amended, is further amended by adding at the 
     end the following:
       ``(19) The term `adversely affected incumbent worker' means 
     a worker who--
       ``(A) is a member of a group of workers who have been 
     certified as eligible to apply for adjustment assistance 
     under subchapter A;
       ``(B) has not been totally or partially separated from 
     adversely affected employment; and
       ``(C) the Secretary determines, on an individual basis, is 
     threatened with total or partial separation.''.
       (b) Part-Time Training.--Section 236 of the Trade Act of 
     1974 (19 U.S.C. 2296), as amended, is further amended by 
     adding at the end the following:
       ``(h) Part-Time Training.--
       ``(1) In general.--The Secretary may approve full-time or 
     part-time training for a worker under subsection (a).
       ``(2) Limitation.--Notwithstanding paragraph (1), a worker 
     participating in part-time training approved under subsection 
     (a) may not receive a trade readjustment allowance under 
     section 231.''.

     SEC. 1831. ON-THE-JOB TRAINING.

       (a) In General.--Section 236(c) of the Trade Act of 1974 
     (19 U.S.C. 2296(c)) is amended--
       (1) by redesignating paragraphs (1) through (10) as 
     subparagraphs (A) through (J) and moving such subparagraphs 2 
     ems to the right;
       (2) by striking ``(c) The Secretary shall'' and all that 
     follows through ``such costs,'' and inserting the following:
       ``(c) On-the-Job Training Requirements.--
       ``(1) In general.--The Secretary may approve on-the-job 
     training for any adversely affected worker if--
       ``(A) the worker meets the requirements for training to be 
     approved under subsection (a)(1);
       ``(B) the Secretary determines that on-the-job training--
       ``(i) can reasonably be expected to lead to suitable 
     employment with the employer offering the on-the-job 
     training;
       ``(ii) is compatible with the skills of the worker;
       ``(iii) includes a curriculum through which the worker will 
     gain the knowledge or skills to become proficient in the job 
     for which the worker is being trained; and
       ``(iv) can be measured by benchmarks that indicate that the 
     worker is gaining such knowledge or skills; and
       ``(C) the State determines that the on-the-job training 
     program meets the requirements of clauses (iii) and (iv) of 
     subparagraph (B).
       ``(2) Monthly payments.--The Secretary shall pay the costs 
     of on-the-job training approved under paragraph (1) in 
     monthly installments.
       ``(3) Contracts for on-the-job training.--
       ``(A) In general.--The Secretary shall ensure, in entering 
     into a contract with an employer to provide on-the-job 
     training to a worker under this subsection, that the skill 
     requirements of the job for which the worker is being 
     trained, the academic and occupational skill level of the 
     worker, and the work experience of the worker are taken into 
     consideration.
       ``(B) Term of contract.--Training under any such contract 
     shall be limited to the period of time required for the 
     worker receiving on-the-job training to become proficient in 
     the job for which the worker is being trained, but may not 
     exceed 104 weeks in any case.
       ``(4) Exclusion of certain employers.--The Secretary shall 
     not enter into a contract for on-the-job training with an 
     employer that exhibits a pattern of failing to provide 
     workers receiving on-the-job training from the employer 
     with--
       ``(A) continued, long-term employment as regular employees; 
     and
       ``(B) wages, benefits, and working conditions that are 
     equivalent to the wages, benefits, and working conditions 
     provided to regular employees who have worked a similar 
     period of time and are doing the same type of work as workers 
     receiving on-the-job training from the employer.
       ``(5) Labor standards.--The Secretary may pay the costs of 
     on-the-job training,''; and
       (3) in paragraph (5), as redesignated--
       (A) in subparagraph (I), as redesignated by paragraph (1) 
     of this section, by striking ``paragraphs (1), (2), (3), (4), 
     (5), and (6)'' and inserting ``subparagraphs (A), (B), (C), 
     (D), (E), and (F)''; and
       (B) in subparagraph (J), as redesignated by paragraph (1) 
     of this section, by striking ``paragraph (8)'' and inserting 
     ``subparagraph (H)''.
       (b) Repeal of Preference for Training on the Job.--Section 
     236(a)(1) of the Trade Act of 1974 (19 U.S.C. 2296(a)(1)) is 
     amended by striking the last sentence.

     SEC. 1832. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM 
                   BENEFITS WHILE IN TRAINING.

       Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) 
     is amended to read as follows:
       ``(d) Eligibility.--An adversely affected worker may not be 
     determined to be ineligible or disqualified for unemployment 
     insurance or program benefits under this subchapter--
       ``(1) because the worker--
       ``(A) is enrolled in training approved under subsection 
     (a);
       ``(B) left work--
       ``(i) that was not suitable employment in order to enroll 
     in such training; or
       ``(ii) that the worker engaged in on a temporary basis 
     during a break in such training or a delay in the 
     commencement of such training; or
       ``(C) left on-the-job training not later than 30 days after 
     commencing such training because the training did not meet 
     the requirements of subsection (c)(1)(B); or
       ``(2) because of the application to any such week in 
     training of the provisions of State law or Federal 
     unemployment insurance law relating to availability for work, 
     active search for work, or refusal to accept work.''.

     SEC. 1833. JOB SEARCH AND RELOCATION ALLOWANCES.

       (a) Job Search Allowances.--Section 237 of the Trade Act of 
     1974 (19 U.S.C. 2297) is amended--
       (1) in subsection (a)(2)(C)(ii), by striking ``, unless the 
     worker received a waiver under section 231(c)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``90 percent of the cost 
     of'' and inserting ``all''; and
       (B) in paragraph (2), by striking ``$1,250'' and inserting 
     ``$1,500''.
       (b) Relocation Allowances.--Section 238 of the Trade Act of 
     1974 (19 U.S.C. 2298) is amended--
       (1) in subsection (a)(2)(E)(ii), by striking ``, unless the 
     worker received a waiver under section 231(c)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``90 percent of the'' and 
     inserting ``all''; and
       (B) in paragraph (2), by striking ``$1,250'' and inserting 
     ``$1,500''.

      Subpart D--Reemployment Trade Adjustment Assistance Program

     SEC. 1841. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.

       (a) In General.--Section 246 of the Trade Act of 1974 (19 
     U.S.C. 2318) is amended--
       (1) by amending the heading to read as follows:

     ``SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE 
                   PROGRAM.'';

       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``Not later than'' and all that follows 
     through ``2002, the Secretary'' and inserting ``The 
     Secretary''; and
       (ii) by striking ``an alternative trade adjustment 
     assistance program for older workers'' and inserting ``a 
     reemployment trade adjustment assistance program'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``for a 
     period not to exceed 2 years'' and inserting ``for the 
     eligibility period under subparagraph (A) or (B) of paragraph 
     (4) (as the case may be)''; and
       (II) by striking clauses (i) and (ii) and inserting the 
     following:

       ``(i) the wages received by the worker at the time of 
     separation; and
       ``(ii) the wages received by the worker from 
     reemployment.'';
       (ii) in subparagraph (B)--

       (I) by striking ``for a period not to exceed 2 years'' and 
     inserting ``for the eligibility period under subparagraph (A) 
     or (B) of paragraph (4) (as the case may be)''; and
       (II) by striking ``, as added by section 201 of the Trade 
     Act of 2002''; and

       (iii) by adding at the end the following:
       ``(C) Training and other services.--A worker described in 
     paragraph (3)(B) participating in the program established 
     under paragraph (1) is eligible to receive training approved 
     under section 236 and employment and case management services 
     under section 235.''; and
       (C) by striking paragraphs (3) through (5) and inserting 
     the following:
       ``(3) Eligibility.--
       ``(A) In general.--A group of workers certified under 
     subchapter A as eligible for adjustment assistance under 
     subchapter A is eligible

[[Page H1379]]

     for benefits described in paragraph (2) under the program 
     established under paragraph (1).
       ``(B) Individual eligibility.--A worker in a group of 
     workers described in subparagraph (A) may elect to receive 
     benefits described in paragraph (2) under the program 
     established under paragraph (1) if the worker--
       ``(i) is at least 50 years of age;
       ``(ii) earns not more than $55,000 each year in wages from 
     reemployment;
       ``(iii)(I) is employed on a full-time basis as defined by 
     the law of the State in which the worker is employed and is 
     not enrolled in a training program approved under section 
     236; or
       ``(II) is employed at least 20 hours per week and is 
     enrolled in a training program approved under section 236; 
     and
       ``(iv) is not employed at the firm from which the worker 
     was separated.
       ``(4) Eligibility period for payments.--
       ``(A) Worker who has not received trade readjustment 
     allowance.--In the case of a worker described in paragraph 
     (3)(B) who has not received a trade readjustment allowance 
     under part I of subchapter B pursuant to the certification 
     described in paragraph (3)(A), the worker may receive 
     benefits described in paragraph (2) for a period not to 
     exceed 2 years beginning on the earlier of--
       ``(i) the date on which the worker exhausts all rights to 
     unemployment insurance based on the separation of the worker 
     from the adversely affected employment that is the basis of 
     the certification; or
       ``(ii) the date on which the worker obtains reemployment 
     described in paragraph (3)(B).
       ``(B) Worker who has received trade readjustment 
     allowance.--In the case of a worker described in paragraph 
     (3)(B) who has received a trade readjustment allowance under 
     part I of subchapter B pursuant to the certification 
     described in paragraph (3)(A), the worker may receive 
     benefits described in paragraph (2) for a period of 104 weeks 
     beginning on the date on which the worker obtains 
     reemployment described in paragraph (3)(B), reduced by the 
     total number of weeks for which the worker received such 
     trade readjustment allowance.
       ``(5) Total amount of payments.--
       ``(A) In general.--The payments described in paragraph 
     (2)(A) made to a worker may not exceed--
       ``(i) $12,000 per worker during the eligibility period 
     under paragraph (4)(A); or
       ``(ii) the amount described in subparagraph (B) per worker 
     during the eligibility period under paragraph (4)(B).
       ``(B) Amount described.--The amount described in this 
     subparagraph is the amount equal to the product of--
       ``(i) $12,000, and
       ``(ii) the ratio of--

       ``(I) the total number of weeks in the eligibility period 
     under paragraph (4)(B) with respect to the worker, to
       ``(II) 104 weeks.

       ``(6) Calculation of amount of payments for certain 
     workers.--
       ``(A) In general.--In the case of a worker described in 
     paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied 
     by substituting the percentage described in subparagraph (B) 
     for `50 percent'.
       ``(B) Percentage described.--The percentage described in 
     this subparagraph is the percentage--
       ``(i) equal to \1/2\ of the ratio of--

       ``(I) the number of weekly hours of employment of the 
     worker referred to in paragraph (3)(B)(iii)(II), to
       ``(II) the number of weekly hours of employment of the 
     worker at the time of separation, but

       ``(ii) in no case more than 50 percent.
       ``(7) Limitation on other benefits.--A worker described in 
     paragraph (3)(B) may not receive a trade readjustment 
     allowance under part I of subchapter B pursuant to the 
     certification described in paragraph (3)(A) during any week 
     for which the worker receives a payment described in 
     paragraph (2)(A).''; and
       (3) in subsection (b)(2), by striking ``subsection 
     (a)(3)(B)'' and inserting ``subsection (a)(3)''.
       (b) Extension of Program.--Section 246(b)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking 
     ``the date that is 5 years'' and all that follows through the 
     end period and inserting ``December 31, 2010.''.
       (c) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 246 and inserting the following:

``Sec. 246. Reemployment trade adjustment assistance program.''.

                        Subpart E--Other Matters

     SEC. 1851. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       (a) In General.--Subchapter C of chapter 2 of title II of 
     the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the Office of 
     Trade Adjustment Assistance (in this section referred to as 
     the `Office').
       ``(b) Head of Office.--The head of the Office shall be an 
     administrator, who shall report directly to the Deputy 
     Assistant Secretary for Employment and Training.
       ``(c) Principal Functions.--The principal functions of the 
     administrator of the Office shall be--
       ``(1) to oversee and implement the administration of trade 
     adjustment assistance program under this chapter; and
       ``(2) to carry out functions delegated to the Secretary of 
     Labor under this chapter, including--
       ``(A) making determinations under section 223;
       ``(B) providing information under section 225 about trade 
     adjustment assistance to workers and assisting such workers 
     to prepare petitions or applications for program benefits;
       ``(C) providing assistance to employers of groups of 
     workers that have filed petitions under section 221 in 
     submitting information required by the Secretary relating to 
     the petitions;
       ``(D) ensuring workers covered by a certification of 
     eligibility under subchapter A receive the employment and 
     case management services described in section 235;
       ``(E) ensuring that States fully comply with agreements 
     entered into under section 239;
       ``(F) advocating for workers applying for benefits 
     available under this chapter;
       ``(G) establishing and overseeing a hotline that workers, 
     employers, and other entities may call to obtain information 
     regarding eligibility criteria, procedural requirements, and 
     benefits available under this chapter; and
       ``(H) carrying out such other duties with respect to this 
     chapter as the Secretary specifies for purposes of this 
     section.
       ``(d) Administration.--
       ``(1) Designation.--The administrator shall designate an 
     employee of the Department of Labor with appropriate 
     experience and expertise to carry out the duties described in 
     paragraph (2).
       ``(2) Duties.--The employee designated under paragraph (1) 
     shall--
       ``(A) receive complaints and requests for assistance 
     related to the trade adjustment assistance program under this 
     chapter;
       ``(B) resolve such complaints and requests for assistance, 
     in coordination with other employees of the Office;
       ``(C) compile basic information concerning such complaints 
     and requests for assistance; and
       ``(D) carry out such other duties with respect to this 
     chapter as the Secretary specifies for purposes of this 
     section.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 249 the following:

``Sec. 249A. Office of Trade Adjustment Assistance.''.

     SEC. 1852. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND 
                   PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH 
                   STATES.

       (a) In General.--Section 239(a) of the Trade Act of 1974 
     (19 U.S.C. 2311(a)) is amended--
       (1) by amending clause (2) to read as follows: ``(2) in 
     accordance with subsection (f), shall make available to 
     adversely affected workers and adversely affected incumbent 
     workers covered by a certification under subchapter A the 
     employment and case management services described in section 
     235,''; and
       (2) by striking ``will'' each place it appears and 
     inserting ``shall''.
       (b) Form and Manner of Data.--Section 239 of the Trade Act 
     of 1974 (19 U.S.C. 2311) is amended--
       (1) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Form and Manner of Data.--Each agreement under this 
     subchapter shall--
       ``(1) provide the Secretary with the authority to collect 
     any data the Secretary determines necessary to meet the 
     requirements of this chapter; and
       ``(2) specify the form and manner in which any such data 
     requested by the Secretary shall be reported.''.
       (c) State Activities.--Section 239(g) of the Trade Act of 
     1974 (as redesignated) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by amending paragraph (4) to read as follows:
       ``(4) perform outreach to, intake of, and orientation for 
     adversely affected workers and adversely affected incumbent 
     workers covered by a certification under subchapter A with 
     respect to assistance and benefits available under this 
     chapter, and''; and
       (3) by adding at the end the following:
       ``(5) make employment and case management services 
     described in section 235 available to adversely affected 
     workers and adversely affected incumbent workers covered by a 
     certification under subchapter A and, if funds provided to 
     carry out this chapter are insufficient to make such services 
     available, make arrangements to make such services available 
     through other Federal programs.''.
       (d) Reporting Requirement.--Section 239(h) of the Trade Act 
     of 1974 (as redesignated) is amended by striking ``1998.'' 
     and inserting ``1998 (29 U.S.C. 2822(b)) and a description of 
     the State's rapid response activities under section 
     221(a)(2)(A).''.
       (e) Control Measures.--Section 239 of the Trade Act of 1974 
     (19 U.S.C. 2311), as amended, is further amended by adding at 
     the end the following:
       ``(i) Control Measures.--
       ``(1) In general.--The Secretary shall require each 
     cooperating State and cooperating State agency to implement 
     effective control measures and to effectively oversee the 
     operation and administration of the trade adjustment 
     assistance program under this chapter, including by means of 
     monitoring the operation of control measures to improve the 
     accuracy and timeliness of the data being collected and 
     reported.
       ``(2) Definition.--For purposes of paragraph (1), the term 
     `control measures' means measures that--
       ``(A) are internal to a system used by a State to collect 
     data; and
       ``(B) are designed to ensure the accuracy and verifiability 
     of such data.

[[Page H1380]]

       ``(j) Data Reporting.--
       ``(1) In general.--Any agreement entered into under this 
     section shall require the cooperating State or cooperating 
     State agency to report to the Secretary on a quarterly basis 
     comprehensive performance accountability data, to consist 
     of--
       ``(A) the core indicators of performance described in 
     paragraph (2)(A);
       ``(B) the additional indicators of performance described in 
     paragraph (2)(B), if any; and
       ``(C) a description of efforts made to improve outcomes for 
     workers under the trade adjustment assistance program.
       ``(2) Core indicators described.--
       ``(A) In general.--The core indicators of performance 
     described in this paragraph are--
       ``(i) the percentage of workers receiving benefits under 
     this chapter who are employed during the second calendar 
     quarter following the calendar quarter in which the workers 
     cease receiving such benefits;
       ``(ii) the percentage of such workers who are employed in 
     each of the third and fourth calendar quarters following the 
     calendar quarter in which the workers cease receiving such 
     benefits; and
       ``(iii) the earnings of such workers in each of the third 
     and fourth calendar quarters following the calendar quarter 
     in which the workers cease receiving such benefits.
       ``(B) Additional indicators.--The Secretary and a 
     cooperating State or cooperating State agency may agree upon 
     additional indicators of performance for the trade adjustment 
     assistance program under this chapter, as appropriate.
       ``(3) Standards with respect to reliability of data.--In 
     preparing the quarterly report required by paragraph (1), 
     each cooperating State or cooperating State agency shall 
     establish procedures that are consistent with guidelines to 
     be issued by the Secretary to ensure that the data reported 
     are valid and reliable.''.

     SEC. 1853. VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS.

       Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as 
     amended, is further amended by adding at the end the 
     following:
       ``(k) Verification of Eligibility for Program Benefits.--
       ``(1) In general.--An agreement under this subchapter shall 
     provide that the State shall periodically redetermine that a 
     worker receiving benefits under this subchapter who is not a 
     citizen or national of the United States remains in a 
     satisfactory immigration status. Once satisfactory 
     immigration status has been initially verified through the 
     immigration status verification system described in section 
     1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for 
     purposes of establishing a worker's eligibility for 
     unemployment compensation, the State shall reverify the 
     worker's immigration status if the documentation provided 
     during initial verification will expire during the period in 
     which that worker is potentially eligible to receive benefits 
     under this subchapter. The State shall conduct such 
     redetermination in a timely manner, utilizing the immigration 
     status verification system described in section 1137(d) of 
     the Social Security Act (42 U.S.C. 1320b-7(d)).
       ``(2) Procedures.--The Secretary shall establish procedures 
     to ensure the uniform application by the States of the 
     requirements of this subsection.''.

     SEC. 1854. COLLECTION OF DATA AND REPORTS; INFORMATION TO 
                   WORKERS.

       (a) In General.--Subchapter C of chapter 2 of title II of 
     the Trade Act of 1974 (19 U.S.C. 2311 et seq.), as amended, 
     is further amended by adding at the end the following:

     ``SEC. 249B. COLLECTION AND PUBLICATION OF DATA AND REPORTS; 
                   INFORMATION TO WORKERS.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary shall 
     implement a system to collect and report the data described 
     in subsection (b), as well as any other information that the 
     Secretary considers appropriate to effectively carry out this 
     chapter.
       ``(b) Data to Be Included.--The system required under 
     subsection (a) shall include collection of and reporting on 
     the following data for each fiscal year:
       ``(1) Data on petitions filed, certified, and denied.--
       ``(A) The number of petitions filed, certified, and denied 
     under this chapter.
       ``(B) The number of workers covered by petitions filed, 
     certified, and denied.
       ``(C) The number of petitions, classified by--
       ``(i) the basis for certification, including increased 
     imports, shifts in production, and other bases of 
     eligibility; and
       ``(ii) congressional district of the United States.
       ``(D) The average time for processing such petitions.
       ``(2) Data on benefits received.--
       ``(A) The number of workers receiving benefits under this 
     chapter.
       ``(B) The number of workers receiving each type of benefit, 
     including training, trade readjustment allowances, employment 
     and case management services, and relocation and job search 
     allowances, and, to the extent feasible, credits for health 
     insurance costs under section 35 of the Internal Revenue Code 
     of 1986.
       ``(C) The average time during which such workers receive 
     each such type of benefit.
       ``(3) Data on training.--
       ``(A) The number of workers enrolled in training approved 
     under section 236, classified by major types of training, 
     including classroom training, training through distance 
     learning, on-the-job training, and customized training.
       ``(B) The number of workers enrolled in full-time training 
     and part-time training.
       ``(C) The average duration of training.
       ``(D) The number of training waivers granted under section 
     231(c), classified by type of waiver.
       ``(E) The number of workers who complete training and the 
     duration of such training.
       ``(F) The number of workers who do not complete training.
       ``(4) Data on outcomes.--
       ``(A) A summary of the quarterly reports required under 
     section 239(j).
       ``(B) The sectors in which workers are employed after 
     receiving benefits under this chapter.
       ``(5) Data on rapid response activities.--Whether rapid 
     response activities were provided with respect to each 
     petition filed under section 221.
       ``(c) Classification of Data.--To the extent possible, in 
     collecting and reporting the data described in subsection 
     (b), the Secretary shall classify the data by industry, 
     State, and national totals.
       ``(d) Report.--Not later than December 15 of each year, the 
     Secretary shall submit to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives a report that includes--
       ``(1) a summary of the information collected under this 
     section for the preceding fiscal year;
       ``(2) information on the distribution of funds to each 
     State pursuant to section 236(a)(2); and
       ``(3) any recommendations of the Secretary with respect to 
     changes in eligibility requirements, benefits, or training 
     funding under this chapter based on the data collected under 
     this section.
       ``(e) Availability of Data.--
       ``(1) In general.--The Secretary shall make available to 
     the public, by publishing on the website of the Department of 
     Labor and by other means, as appropriate--
       ``(A) the report required under subsection (d);
       ``(B) the data collected under this section, in a 
     searchable format; and
       ``(C) a list of cooperating States and cooperating State 
     agencies that failed to submit the data required by this 
     section to the Secretary in a timely manner.
       ``(2) Updates.--The Secretary shall update the data under 
     paragraph (1) on a quarterly basis.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 249A the following:

       ``Sec. 249B. Collection and publication of data and 
           reports; information to workers.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1855. FRAUD AND RECOVERY OF OVERPAYMENTS.

       Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 
     2315(a)(1)) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``may waive'' and inserting ``shall 
     waive''; and
       (B) by striking ``, in accordance with guidelines 
     prescribed by the Secretary,''; and
       (2) in subparagraph (B), by striking ``would be contrary to 
     equity and good conscience'' and inserting ``would cause a 
     financial hardship for the individual (or the individual's 
     household, if applicable) when taking into consideration the 
     income and resources reasonably available to the individual 
     (or household) and other ordinary living expenses of the 
     individual (or household)''.

     SEC. 1856. SENSE OF CONGRESS ON APPLICATION OF TRADE 
                   ADJUSTMENT ASSISTANCE.

       (a) In General.--Chapter 5 of title II of the Trade Act of 
     1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 288. SENSE OF CONGRESS.

       ``It is the sense of Congress that the Secretaries of 
     Labor, Commerce, and Agriculture should apply the provisions 
     of chapter 2 (relating to adjustment assistance for workers), 
     chapter 3 (relating to adjustment assistance for firms), 
     chapter 4 (relating to adjustment assistance for 
     communities), and chapter 6 (relating to adjustment 
     assistance for farmers), respectively, with the utmost regard 
     for the interests of workers, firms, communities, and farmers 
     petitioning for benefits under such chapters.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 287 the following:

       ``Sec. 288. Sense of Congress.''.

     SEC. 1857. CONSULTATIONS IN PROMULGATION OF REGULATIONS.

       Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is 
     amended--
       (1) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(a) In General.--The Secretary shall''; and
       (2) by adding at the end the following:
       ``(b) Consultations.--Not later than 90 days before issuing 
     a regulation under subsection (a), the Secretary shall 
     consult with the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     with respect to the regulation.''.

     SEC. 1858. TECHNICAL CORRECTIONS.

       (a) Determinations by Secretary of Labor.--Section 223(c) 
     of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended by 
     striking ``his determination'' and inserting ``a 
     determination''.
       (b) Qualifying Requirements for Workers.--Section 231(a) of 
     the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``his application'' and inserting ``the worker's 
     application''; and
       (B) in subparagraph (A), by striking ``he is covered'' and 
     inserting ``the worker is covered'';

[[Page H1381]]

       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking the period and 
     inserting a comma; and
       (B) in subparagraph (D), by striking ``5 U.S.C. 
     8521(a)(1)'' and inserting ``section 8521(a)(1) of title 5, 
     United States Code''; and
       (3) in paragraph (3)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the worker''; and
       (B) in subparagraph (C), by striking ``him'' and inserting 
     ``the worker''.
       (c) Subpoena Power.--Section 249 of the Trade Act of 1974 
     (19 U.S.C. 2321) is amended--
       (1) in the section heading, by striking ``SUBPENA'' and 
     inserting ``SUBPOENA'';
       (2) by striking ``subpena'' and inserting ``subpoena'' each 
     place it appears; and
       (3) in subsection (a), by striking ``him'' and inserting 
     ``the Secretary''.
       (d) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 249 and inserting the following:

``Sec. 249. Subpoena power.''.

             PART II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

     SEC. 1861. EXPANSION TO SERVICE SECTOR FIRMS.

       (a) In General.--Section 251 of the Trade Act of 1974 (19 
     U.S.C. 2341) is amended by inserting ``or service sector 
     firm'' after ``agricultural firm'' each place it appears.
       (b) Definition of Service Sector Firm.--Section 261 of the 
     Trade Act of 1974 (19 U.S.C. 2351) is amended--
       (1) by striking ``chapter,'' and inserting ``chapter:'';
       (2) by striking ``the term `firm' '' and inserting the 
     following:
       ``(1) Firm.--The term `firm' ''; and
       (3) by adding at the end the following:
       ``(2) Service sector firm.--The term `service sector firm' 
     means a firm engaged in the business of supplying 
     services.''.
       (c) Conforming Amendments.--
       (1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 
     U.S.C. 2341(c)(1)(C)) is amended--
       (A) by inserting ``or services'' after ``articles'' the 
     first place it appears; and
       (B) by inserting ``or services which are supplied'' after 
     ``produced''.
       (2) Section 251(c)(2)(B)(ii) of such Act is amended to read 
     as follows:
       ``(ii) Any firm that engages in exploration or drilling for 
     oil or natural gas, or otherwise produces oil or natural gas, 
     shall be considered to be producing articles directly 
     competitive with imports of oil and with imports of natural 
     gas.''.

     SEC. 1862. MODIFICATION OF REQUIREMENTS FOR CERTIFICATION.

       Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C. 
     2341(c)(1)(B)) is amended to read as follows:
       ``(B) that--
       ``(i) sales or production, or both, of the firm have 
     decreased absolutely,
       ``(ii) sales or production, or both, of an article or 
     service that accounted for not less than 25 percent of the 
     total sales or production of the firm during the 12-month 
     period preceding the most recent 12-month period for which 
     date are available have decreased absolutely,
       ``(iii) sales or production, or both, of the firm during 
     the most recent 12-month period for which data are available 
     have decreased compared to--
       ``(I) the average annual sales or production for the firm 
     during the 24-month period preceding that 12-month period, or
       ``(II) the average annual sales or production for the firm 
     during the 36-month period preceding that 12-month period, 
     and
       ``(iv) sales or production, or both, of an article or 
     service that accounted for not less than 25 percent of the 
     total sales or production of the firm during the most recent 
     12-month period for which data are available have decreased 
     compared to--
       ``(I) the average annual sales or production for the 
     article or service during the 24-month period preceding that 
     12-month period, or
       ``(II) the average annual sales or production for the 
     article or service during the 36-month period preceding that 
     12-month period, and''.

     SEC. 1863. BASIS FOR DETERMINATIONS.

       Section 251 of the Trade Act of 1974 (19 U.S.C. 2341), as 
     amended, is further amended by adding at the end the 
     following:
       ``(e) Basis for Secretary's Determinations.--For purposes 
     of subsection (c)(1)(C), the Secretary may determine that 
     there are increased imports of like or directly competitive 
     articles or services, if customers accounting for a 
     significant percentage of the decrease in the sales or 
     production of the firm certify to the Secretary that such 
     customers have increased their imports of such articles or 
     services from a foreign country, either absolutely or 
     relative to their acquisition of such articles or services 
     from suppliers located in the United States.
       ``(f) Notification to Firms of Availability of Benefits.--
     Upon receiving notice from the Secretary of Labor under 
     section 225 of the identity of a firm that is covered by a 
     certification issued under section 223, the Secretary of 
     Commerce shall notify the firm of the availability of 
     adjustment assistance under this chapter.''.

     SEC. 1864. OVERSIGHT AND ADMINISTRATION; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) In General.--Chapter 3 of title II of the Trade Act of 
     1974 (19 U.S.C. 2341 et seq.) is amended--
       (1) by striking sections 254, 255, 256, and 257;
       (2) by redesignating sections 258, 259, 260, 261, 262, 264, 
     and 265, as sections 256, 257, 258, 259, 260, 261, and 262, 
     respectively; and
       (3) by inserting after section 253 the following:

     ``SEC. 254. OVERSIGHT AND ADMINISTRATION.

       ``(a) In General.--The Secretary shall, to such extent and 
     in such amounts as are provided in appropriations Acts, 
     provide grants to intermediary organizations (referred to in 
     section 253(b)(1)) throughout the United States pursuant to 
     agreements with such intermediary organizations. Each such 
     agreement shall require the intermediary organization to 
     provide benefits to firms certified under section 251. The 
     Secretary shall, to the maximum extent practicable, provide 
     by October 1, 2010, that contracts entered into with 
     intermediary organizations be for a 12-month period and that 
     all such contracts have the same beginning date and the same 
     ending date.
       ``(b) Distribution of Funds.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of this subsection, the Secretary shall develop 
     a methodology for the distribution of funds among the 
     intermediary organizations described in subsection (a).
       ``(2) Prompt initial distribution.--The methodology 
     described in paragraph (1) shall ensure the prompt initial 
     distribution of funds and establish additional criteria 
     governing the apportionment and distribution of the remainder 
     of such funds among the intermediary organizations.
       ``(3) Criteria.--The methodology described in paragraph (1) 
     shall include criteria based on the data in the annual report 
     on the trade adjustment assistance for firms program 
     described in section 1866 of the Trade and Globalization 
     Adjustment Assistance Act of 2009.
       ``(c) Requirements for Contracts.--An agreement with an 
     intermediary organization described in subsection (a) shall 
     require the intermediary organization to contract for the 
     supply of services to carry out grants under this chapter in 
     accordance with terms and conditions that are consistent with 
     guidelines established by the Secretary.
       ``(d) Consultations.--
       ``(1) Consultations regarding methodology.--The Secretary 
     shall consult with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives--
       ``(A) not less than 30 days before finalizing the 
     methodology described in subsection (b); and
       ``(B) not less than 60 days before adopting any changes to 
     such methodology.
       ``(2) Consultations regarding guidelines.--The Secretary 
     shall consult with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives not less than 60 days before finalizing the 
     guidelines described in subsection (c) or adopting any 
     subsequent changes to such guidelines.

     ``SEC. 255. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary $50,000,000 for each of the fiscal years 
     2009 through 2010, and $12,501,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     the provisions of this chapter. Amounts appropriated pursuant 
     to this subsection shall--
       ``(1) be available to provide adjustment assistance to 
     firms that file a petition for such assistance pursuant to 
     this chapter on or before December 31, 2010; and
       ``(2) otherwise remain available until expended.
       ``(b) Personnel.--Of the amounts appropriated pursuant to 
     this section for each fiscal year, $350,000 shall be 
     available for full-time positions in the Department of 
     Commerce to administer the provisions of this chapter. Of 
     such funds the Secretary shall make available to the Economic 
     Development Administration such sums as may be necessary to 
     establish the position of Director of Adjustment Assistance 
     for Firms and such other full-time positions as may be 
     appropriate to administer the provisions of this chapter.''.
       (b) Residual Authority.--The Secretary of Commerce shall 
     have the authority to modify, terminate, resolve, liquidate, 
     or take any other action with respect to a loan, guarantee, 
     contract, or any other financial assistance that was extended 
     under section 254, 255, 256, or 257 of the Trade Act of 1974 
     (19 U.S.C. 2344, 2345, 2346, and 2347), as in effect on the 
     day before the effective date set forth in section 1891.
       (c) Conforming Amendments.--
       (1) Section 256 of the Trade Act of 1974, as redesignated 
     by subsection (a) of this section, is amended by striking 
     subsection (d).
       (2) Section 258 of the Trade Act of 1974, as redesignated 
     by subsection (a) of this section, is amended--
       (A) in the first sentence, by striking ``and financial''; 
     and
       (B) in the last sentence--
       (i) by striking ``sections 253 and 254'' and inserting 
     ``section 253''; and
       (ii) by striking ``title 28 of the United States Code'' and 
     inserting ``title 28, United States Code''.
       (d) Clerical Amendments.--The table of contents of the 
     Trade Act of 1974 is amended by striking the items relating 
     to sections 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 
     and 265, and inserting the following:

``Sec. 254. Oversight and administration.
``Sec. 255. Authorization of appropriations.
``Sec. 256. Protective provisions.
``Sec. 257. Penalties.
``Sec. 258. Civil actions.
``Sec. 259. Definitions.
``Sec. 260. Regulations.
``Sec. 261. Study by Secretary of Commerce when International Trade 
              Commission begins investigation; action where there is 
              affirmative finding.
``Sec. 262. Assistance to industries.''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of the 
     90-day period beginning on the date of the enactment of this 
     Act, except that subsections (b) and (d) of section 254 of 
     the Trade Act of 1974 (as added by

[[Page H1382]]

     subsection (a) of this section) shall take effect on such 
     date of enactment.

     SEC. 1865. INCREASED PENALTIES FOR FALSE STATEMENTS.

       Section 257 of the Trade Act of 1974, as redesignated by 
     section 1864(a), is amended to read as follows:

     ``SEC. 257. PENALTIES.

       ``Any person who--
       ``(1) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     or willfully overvalues any security, for the purpose of 
     influencing in any way a determination under this chapter, or 
     for the purpose of obtaining money, property, or anything of 
     value under this chapter, or
       ``(2) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     when providing information to the Secretary during an 
     investigation of a petition under this chapter,
     shall be imprisoned for not more than 2 years, or fined under 
     title 18, United States Code, or both.''.

     SEC. 1866. ANNUAL REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR 
                   FIRMS.

       (a) In General.--Not later than December 15, 2009, and each 
     year thereafter, the Secretary of Commerce shall prepare a 
     report containing data regarding the trade adjustment 
     assistance for firms program provided for in chapter 3 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) 
     for the preceding fiscal year. The data shall include the 
     following:
       (1) The number of firms that inquired about the program.
       (2) The number of petitions filed under section 251.
       (3) The number of petitions certified and denied.
       (4) The average time for processing petitions.
       (5) The number of petitions filed and firms certified for 
     each congressional district of the United States.
       (6) The number of firms that received assistance in 
     preparing their petitions.
       (7) The number of firms that received assistance developing 
     business recovery plans.
       (8) The number of business recovery plans approved and 
     denied by the Secretary of Commerce.
       (9) Sales, employment, and productivity at each firm 
     participating in the program at the time of certification.
       (10) Sales, employment, and productivity at each firm upon 
     completion of the program and each year for the 2-year period 
     following completion.
       (11) The financial assistance received by each firm 
     participating in the program.
       (12) The financial contribution made by each firm 
     participating in the program.
       (13) The types of technical assistance included in the 
     business recovery plans of firms participating in the 
     program.
       (14) The number of firms leaving the program before 
     completing the project or projects in their business recovery 
     plans and the reason the project was not completed.
       (b) Classification of Data.--To the extent possible, in 
     collecting and reporting the data described in subsection 
     (a), the Secretary shall classify the data by intermediary 
     organization, State, and national totals.
       (c) Report to Congress; Publication.--The Secretary of 
     Commerce shall--
       (1) submit the report described in subsection (a) to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives; and
       (2) publish the report in the Federal Register and on the 
     website of the Department of Commerce.
       (d) Protection of Confidential Information.--The Secretary 
     of Commerce may not release information described in 
     subsection (a) that the Secretary considers to be 
     confidential business information unless the person 
     submitting the confidential business information had notice, 
     at the time of submission, that such information would be 
     released by the Secretary, or such person subsequently 
     consents to the release of the information. Nothing in this 
     subsection shall be construed to prohibit the Secretary from 
     providing such confidential business information to a court 
     in camera or to another party under a protective order issued 
     by a court.

     SEC. 1867. TECHNICAL CORRECTIONS.

       (a) In General.--Section 251 of the Trade Act of 1974 (19 
     U.S.C. 2341), as amended, is further amended--
       (1) in subsection (a), by striking ``he has'' and inserting 
     ``the Secretary has''; and
       (2) in subsection (d), by striking ``60 days'' and 
     inserting ``40 days''.
       (b) Technical Assistance.--Section 253(a)(3) of the Trade 
     Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking 
     ``of a certified firm'' and inserting ``to a certified 
     firm''.

         PART III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

     SEC. 1871. PURPOSE.

       The purpose of the amendments made by this part is to 
     assist communities impacted by trade with economic adjustment 
     through the coordination of Federal, State, and local 
     resources, the creation of community-based development 
     strategies, and the development and provision of programs 
     that meet the training needs of workers covered by 
     certifications under section 223.

     SEC. 1872. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

       (a) In General.--Chapter 4 of title II of the Trade Act of 
     1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:

        ``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

      ``Subchapter A--Trade Adjustment Assistance for Communities

     ``SEC. 271. DEFINITIONS.

       ``In this subchapter:
       ``(1) Agricultural commodity producer.--The term 
     `agricultural commodity producer' has the meaning given that 
     term in section 291.
       ``(2) Community.--The term `community' means a city, 
     county, or other political subdivision of a State or a 
     consortium of political subdivisions of a State.
       ``(3) Community impacted by trade.--The term `community 
     impacted by trade' means a community described in section 
     273(b)(2).
       ``(4) Eligible community.--The term `eligible community' 
     means a community that the Secretary has determined under 
     section 273(b)(1) is eligible to apply for assistance under 
     this subchapter.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.

     ``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR 
                   COMMUNITIES PROGRAM.

       ``Not later than August 1, 2009, the Secretary shall 
     establish a trade adjustment assistance for communities 
     program at the Department of Commerce under which the 
     Secretary shall--
       ``(1) provide technical assistance under section 274 to 
     communities impacted by trade to facilitate the economic 
     adjustment of those communities; and
       ``(2) award grants to communities impacted by trade to 
     carry out strategic plans developed under section 276.

     ``SEC. 273. ELIGIBILITY; NOTIFICATION.

       ``(a) Petition.--
       ``(1) In general.--A community may submit a petition to the 
     Secretary for an affirmative determination under subsection 
     (b)(1) that the community is eligible to apply for assistance 
     under this subchapter if--
       ``(A) on or after August 1, 2009, one or more 
     certifications described in subsection (b)(3) are made with 
     respect to the community; and
       ``(B) the community submits the petition not later than 180 
     days after the date of the most recent certification.
       ``(2) Special rule with respect to certain communities.--In 
     the case of a community with respect to which one or more 
     certifications described in subsection (b)(3) were made on or 
     after January 1, 2007, and before August 1, 2009, the 
     community may submit not later than February 1, 2010, a 
     petition to the Secretary for an affirmative determination 
     under subsection (b)(1).
       ``(b) Affirmative Determination.--
       ``(1) In general.--The Secretary shall make an affirmative 
     determination that a community is eligible to apply for 
     assistance under this subchapter if the Secretary determines 
     that the community is a community impacted by trade.
       ``(2) Community impacted by trade.--A community is a 
     community impacted by trade if--
       ``(A) one or more certifications described in paragraph (3) 
     are made with respect to the community; and
       ``(B) the Secretary determines that the community is 
     significantly affected by the threat to, or the loss of, jobs 
     associated with any such certification.
       ``(3) Certification described.--A certification described 
     in this paragraph is a certification--
       ``(A) by the Secretary of Labor that a group of workers in 
     the community is eligible to apply for assistance under 
     section 223;
       ``(B) by the Secretary of Commerce that a firm located in 
     the community is eligible to apply for adjustment assistance 
     under section 251; or
       ``(C) by the Secretary of Agriculture that a group of 
     agricultural commodity producers in the community is eligible 
     to apply for adjustment assistance under section 293.
       ``(c) Notifications.--
       ``(1) Notification to the governor.--The Governor of a 
     State shall be notified promptly--
       ``(A) by the Secretary of Labor, upon making a 
     determination that a group of workers in the State is 
     eligible for assistance under section 223;
       ``(B) by the Secretary of Commerce, upon making a 
     determination that a firm in the State is eligible for 
     assistance under section 251; and
       ``(C) by the Secretary of Agriculture, upon making a 
     determination that a group of agricultural commodity 
     producers in the State is eligible for assistance under 
     section 293.
       ``(2) Notification to community.--Upon making an 
     affirmative determination under subsection (b)(1) that a 
     community is eligible to apply for assistance under this 
     subchapter, the Secretary shall promptly notify the community 
     and the Governor of the State in which the community is 
     located--
       ``(A) of the affirmative determination;
       ``(B) of the applicable provisions of this subchapter; and
       ``(C) of the means for obtaining assistance under this 
     subchapter and other appropriate economic assistance that may 
     be available to the community.

     ``SEC. 274. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall provide 
     comprehensive technical assistance to an eligible community 
     to assist the community to--
       ``(1) diversify and strengthen the economy in the 
     community;
       ``(2) identify significant impediments to economic 
     development that result from the impact of trade on the 
     community; and
       ``(3) develop a strategic plan under section 276 to address 
     economic adjustment and workforce dislocation in the 
     community, including unemployment among agricultural 
     commodity producers.
       ``(b) Coordination of Federal Response.--The Secretary 
     shall coordinate the Federal response to an eligible 
     community by--
       ``(1) identifying Federal, State, and local resources that 
     are available to assist the community in responding to 
     economic distress; and
       ``(2) assisting the community in accessing available 
     Federal assistance and ensuring that such assistance is 
     provided in a targeted, integrated manner.

[[Page H1383]]

       ``(c) Interagency Community Assistance Working Group.--
       ``(1) In general.--The Secretary shall establish an 
     interagency Community Assistance Working Group, to be chaired 
     by the Secretary or the Secretary's designee, which shall 
     assist the Secretary with the coordination of the Federal 
     response pursuant to subsection (b).
       ``(2) Membership.--The Working Group shall consist of 
     representatives of any Federal department or agency with 
     responsibility for providing economic adjustment assistance, 
     including the Department of Agriculture, the Department of 
     Defense, the Department of Education, the Department of 
     Labor, the Department of Housing and Urban Development, the 
     Department of Health and Human Services, the Small Business 
     Administration, the Department of the Treasury, and any other 
     Federal, State, or regional public department or agency the 
     Secretary determines to be appropriate.

     ``SEC. 275. GRANTS FOR ELIGIBLE COMMUNITIES.

       ``(a) In General.--The Secretary may award a grant under 
     this section to an eligible community to assist the community 
     in carrying out any project or program that is included in a 
     strategic plan developed by the community under section 276.
       ``(b) Application.--
       ``(1) In general.--An eligible community seeking to receive 
     a grant under this section shall submit a grant application 
     to the Secretary that contains--
       ``(A) the strategic plan developed by the community under 
     section 276(a)(1)(A) and approved by the Secretary under 
     section 276(a)(1)(B); and
       ``(B) a description of the project or program included in 
     the strategic plan with respect to which the community seeks 
     the grant.
       ``(2) Coordination among grant programs.--If an entity in 
     an eligible community is seeking or plans to seek a Community 
     College and Career Training Grant under section 278 or a 
     Sector Partnership Grant under section 279A while the 
     eligible community is seeking a grant under this section, the 
     eligible community shall include in the grant application a 
     description of how the eligible community will integrate any 
     projects or programs carried out using a grant under this 
     section with any projects or programs that may be carried out 
     using such other grants.
       ``(c) Limitation.--An eligible community may not be awarded 
     more than $5,000,000 under this section.
       ``(d) Cost-Sharing.--
       ``(1) Federal share.--The Federal share of a project or 
     program for which a grant is awarded under this section may 
     not exceed 95 percent of the cost of such project or program.
       ``(2) Community share.--The Secretary shall require, as a 
     condition of awarding a grant to an eligible community under 
     this section, that the eligible community contribute not less 
     than an amount equal to 5 percent of the amount of the grant 
     toward the cost of the project or program for which the grant 
     is awarded.
       ``(e) Grants to Small- and Medium-Sized Communities.--The 
     Secretary shall give priority to grant applications submitted 
     under this section by eligible communities that are small- 
     and medium-sized communities.
       ``(f) Annual Report.--Not later than December 15 in each of 
     the calendar years 2009 through 2011, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(1) describing each grant awarded under this section 
     during the preceding fiscal year; and
       ``(2) assessing the impact on the eligible community of 
     each such grant awarded in a fiscal year before the fiscal 
     year referred to in paragraph (1).

     ``SEC. 276. STRATEGIC PLANS.

       ``(a) In General.--
       ``(1) Development.--An eligible community that intends to 
     apply for a grant under section 275 shall--
       ``(A) develop a strategic plan for the community's economic 
     adjustment to the impact of trade; and
       ``(B) submit the plan to the Secretary for evaluation and 
     approval.
       ``(2) Involvement of private and public entities.--
       ``(A) In general.--To the extent practicable, an eligible 
     community shall consult with entities described in 
     subparagraph (B) in developing a strategic plan under 
     paragraph (1).
       ``(B) Entities described.--Entities described in this 
     subparagraph are public and private entities within the 
     eligible community, including--
       ``(i) local, county, or State government agencies serving 
     the community;
       ``(ii) firms, including small- and medium-sized firms, 
     within the community;
       ``(iii) local workforce investment boards established under 
     section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832);
       ``(iv) labor organizations, including State labor 
     federations and labor-management initiatives, representing 
     workers in the community; and
       ``(v) educational institutions, local educational agencies, 
     or other training providers serving the community.
       ``(b) Contents.--The strategic plan shall, at a minimum, 
     contain the following:
       ``(1) A description and analysis of the capacity of the 
     eligible community to achieve economic adjustment to the 
     impact of trade.
       ``(2) An analysis of the economic development challenges 
     and opportunities facing the community as well as the 
     strengths and weaknesses of the economy of the community.
       ``(3) An assessment of the commitment of the eligible 
     community to the strategic plan over the long term and the 
     participation and input of members of the community affected 
     by economic dislocation.
       ``(4) A description of the role and the participation of 
     the entities described in subsection (a)(2)(B) in developing 
     the strategic plan.
       ``(5) A description of the projects to be undertaken by the 
     eligible community under the strategic plan.
       ``(6) A description of how the strategic plan and the 
     projects to be undertaken by the eligible community will 
     facilitate the community's economic adjustment.
       ``(7) A description of the educational and training 
     programs available to workers in the eligible community and 
     the future employment needs of the community.
       ``(8) An assessment of the cost of implementing the 
     strategic plan, the timing of funding required by the 
     eligible community to implement the strategic plan, and the 
     method of financing to be used to implement the strategic 
     plan.
       ``(9) A strategy for continuing the economic adjustment of 
     the eligible community after the completion of the projects 
     described in paragraph (5).
       ``(c) Grants to Develop Strategic Plans.--
       ``(1) In general.--The Secretary, upon receipt of an 
     application from an eligible community, may award a grant to 
     the community to assist the community in developing a 
     strategic plan under subsection (a)(1). A grant awarded under 
     this paragraph shall not exceed 75 percent of the cost of 
     developing the strategic plan.
       ``(2) Funds to be used.--Of the funds appropriated pursuant 
     to section 277(c), the Secretary may make available not more 
     than $25,000,000 for each of the fiscal years 2009 and 2010, 
     and $6,250,000 for the period beginning October 1, 2010, and 
     ending December 31, 2010, to provide grants to eligible 
     communities under paragraph (1).

     ``SEC. 277. GENERAL PROVISIONS.

       ``(a) Regulations.--
       ``(1) In general.--The Secretary shall prescribe such 
     regulations as are necessary to carry out the provisions of 
     this subchapter, including--
       ``(A) establishing specific guidelines for the submission 
     and evaluation of strategic plans under section 276;
       ``(B) establishing specific guidelines for the submission 
     and evaluation of grant applications under section 275; and
       ``(C) administering the grant programs established under 
     sections 275 and 276.
       ``(2) Consultations.--The Secretary shall consult with the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives not less than 90 
     days prior to promulgating any final rule or regulation 
     pursuant to paragraph (1).
       ``(b) Personnel.--The Secretary shall designate such staff 
     as may be necessary to carry out the responsibilities 
     described in this subchapter.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary $150,000,000 for each of the fiscal years 
     2009 and 2010, and $37,500,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     this subchapter.
       ``(2) Availability.--Amounts appropriated pursuant to this 
     subchapter--
       ``(A) shall be available to provide adjustment assistance 
     to communities that have been approved for assistance 
     pursuant to this chapter on or before December 31, 2010; and
       ``(B) shall otherwise remain available until expended.
       ``(3) Supplement not supplant.--Funds appropriated pursuant 
     to this subchapter shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide economic development assistance for 
     communities.

  ``Subchapter B--Community College and Career Training Grant Program

     ``SEC. 278. COMMUNITY COLLEGE AND CAREER TRAINING GRANT 
                   PROGRAM.

       ``(a) Grants Authorized.--
       ``(1) In general.--Beginning August 1, 2009, the Secretary 
     may award Community College and Career Training Grants to 
     eligible institutions for the purpose of developing, 
     offering, or improving educational or career training 
     programs for workers eligible for training under section 236.
       ``(2) Limitations.--An eligible institution may not be 
     awarded--
       ``(A) more than one grant under this section; or
       ``(B) a grant under this section in excess of $1,000,000.
       ``(b) Definitions.--In this section:
       ``(1) Eligible institution.--The term `eligible 
     institution' means an institution of higher education (as 
     defined in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002)), but only with respect to a program offered 
     by the institution that can be completed in not more than 2 
     years.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(c) Grant Proposals.--
       ``(1) In general.--An eligible institution seeking to 
     receive a grant under this section shall submit a grant 
     proposal to the Secretary at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(2) Guidelines.--Not later than June 1, 2009, the 
     Secretary shall--
       ``(A) promulgate guidelines for the submission of grant 
     proposals under this section; and
       ``(B) publish and maintain such guidelines on the website 
     of the Department of Labor.
       ``(3) Assistance.--The Secretary shall offer assistance in 
     preparing a grant proposal to any eligible institution that 
     requests such assistance.
       ``(4) General requirements for grant proposals.--
       ``(A) In general.--A grant proposal submitted to the 
     Secretary under this section shall include a detailed 
     description of--

[[Page H1384]]

       ``(i) the specific project for which the grant proposal is 
     submitted, including the manner in which the grant will be 
     used to develop, offer, or improve an educational or career 
     training program that is suited to workers eligible for 
     training under section 236;
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will meet the educational or career 
     training needs of workers in the community served by the 
     eligible institution who are eligible for training under 
     section 236;
       ``(iii) the extent to which the project for which the grant 
     proposal is submitted fits within any overall strategic plan 
     developed by an eligible community under section 276;
       ``(iv) the extent to which the project for which the grant 
     proposal is submitted relates to any project funded by a 
     Sector Partnership Grant awarded under section 279A; and
       ``(v) any previous experience of the eligible institution 
     in providing educational or career training programs to 
     workers eligible for training under section 236.
       ``(B) Absence of experience.--The absence of any previous 
     experience in providing educational or career training 
     programs described in subparagraph (A)(v) shall not 
     automatically disqualify an eligible institution from 
     receiving a grant under this section.
       ``(5) Community outreach required.--In order to be 
     considered by the Secretary, a grant proposal submitted by an 
     eligible institution under this section shall--
       ``(A) demonstrate that the eligible institution--
       ``(i) reached out to employers, and other entities 
     described in section 276(a)(2)(B) to identify--

       ``(I) any shortcomings in existing educational and career 
     training opportunities available to workers in the community; 
     and
       ``(II) any future employment opportunities within the 
     community and the educational and career training skills 
     required for workers to meet the future employment demand;

       ``(ii) reached out to other similarly situated institutions 
     in an effort to benefit from any best practices that may be 
     shared with respect to providing educational or career 
     training programs to workers eligible for training under 
     section 236; and
       ``(iii) reached out to any eligible partnership in the 
     community that has sought or received a Sector Partnership 
     Grant under section 279A to enhance the effectiveness of each 
     grant and avoid duplication of efforts; and
       ``(B) include a detailed description of--
       ``(i) the extent and outcome of the outreach conducted 
     under subparagraph (A);
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will contribute to meeting any 
     shortcomings identified under subparagraph (A)(i)(I) or any 
     educational or career training needs identified under 
     subparagraph (A)(i)(II); and
       ``(iii) the extent to which employers, including small- and 
     medium-sized firms within the community, have demonstrated a 
     commitment to employing workers who would benefit from the 
     project for which the grant proposal is submitted.
       ``(d) Criteria for Award of Grants.--
       ``(1) In general.--Subject to the appropriation of funds, 
     the Secretary shall award a grant under this section based 
     on--
       ``(A) a determination of the merits of the grant proposal 
     submitted by the eligible institution to develop, offer, or 
     improve educational or career training programs to be made 
     available to workers eligible for training under section 236;
       ``(B) an evaluation of the likely employment opportunities 
     available to workers who complete an educational or career 
     training program that the eligible institution proposes to 
     develop, offer, or improve; and
       ``(C) an evaluation of prior demand for training programs 
     by workers eligible for training under section 236 in the 
     community served by the eligible institution, as well as the 
     availability and capacity of existing training programs to 
     meet future demand for training programs.
       ``(2) Priority for certain communities.--In awarding grants 
     under this section, the Secretary shall give priority to an 
     eligible institution that serves a community that the 
     Secretary of Commerce has determined under section 273 is 
     eligible to apply for assistance under subchapter A within 
     the 5-year period preceding the date on which the grant 
     proposal is submitted to the Secretary under this section.
       ``(3) Matching requirements.--A grant awarded under this 
     section may not be used to satisfy any private matching 
     requirement under any other provision of law.
       ``(e) Annual Report.--Not later than December 15 in each of 
     the calendar years 2009 through 2011, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(1) describing each grant awarded under this section 
     during the preceding fiscal year; and
       ``(2) assessing the impact of each award of a grant under 
     this section in a fiscal year preceding the fiscal year 
     referred to in paragraph (1) on workers receiving training 
     under section 236.

     ``SEC. 279. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Labor 
     $40,000,000 for each of the fiscal years 2009 and 2010, and 
     $10,000,000 for the period beginning October 1, 2010, and 
     ending December 31, 2010, to fund the Community College and 
     Career Training Grant Program. Funds appropriated pursuant to 
     this section shall remain available until expended.
       ``(b) Supplement Not Supplant.--Funds appropriated pursuant 
     to this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended to 
     support community college and career training programs.

   ``Subchapter C--Industry or Sector Partnership Grant Program for 
                     Communities Impacted by Trade

     ``SEC. 279A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM FOR 
                   COMMUNITIES IMPACTED BY TRADE.

       ``(a) Purpose.--The purpose of this subchapter is to 
     facilitate efforts by industry or sector partnerships to 
     strengthen and revitalize industries and create employment 
     opportunities for workers in communities impacted by trade.
       ``(b) Definitions.--In this subchapter:
       ``(1) Community impacted by trade.--The term `community 
     impacted by trade' has the meaning given that term in section 
     271.
       ``(2) Dislocated worker.--The term `dislocated worker' 
     means a worker who has been totally or partially separated, 
     or is threatened with total or partial separation, from 
     employment in an industry or sector in a community impacted 
     by trade.
       ``(3) Eligible partnership.--The term `eligible 
     partnership' means a voluntary partnership composed of public 
     and private persons, firms, or other entities within a 
     community impacted by trade, that shall include 
     representatives of--
       ``(A) an industry or sector within the community, including 
     an industry association;
       ``(B) local, county, or State government;
       ``(C) multiple firms in the industry or sector, including 
     small- and medium-sized firms, within the community;
       ``(D) local workforce investment boards established under 
     section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832);
       ``(E) labor organizations, including State labor 
     federations and labor-management initiatives, representing 
     workers in the community; and
       ``(F) educational institutions, local educational agencies, 
     or other training providers serving the community.
       ``(4) Lead entity.--The term `lead entity' means--
       ``(A) an entity designated by the eligible partnership to 
     be responsible for submitting a grant proposal under 
     subsection (e) and serving as the eligible partnership's 
     fiscal agent in expending any Sector Partnership Grant 
     awarded under this section; or
       ``(B) a State agency designated by the Governor of the 
     State to carry out the responsibilities described in 
     subparagraph (A).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(6) Targeted industry or sector.--The term `targeted 
     industry or sector' means the industry or sector represented 
     by an eligible partnership.
       ``(c) Sector Partnership Grants Authorized.--Beginning on 
     August 1, 2009, and subject to the appropriation of funds, 
     the Secretary shall award Sector Partnership Grants to 
     eligible partnerships to assist the eligible partnerships in 
     carrying out projects, over periods of not more than 3 years, 
     to strengthen and revitalize industries and sectors and 
     create employment opportunities for dislocated workers.
       ``(d) Use of Sector Partnership Grants.--An eligible 
     partnership may use a Sector Partnership Grant to carry out 
     any project that the Secretary determines will further the 
     purpose of this subchapter, which may include--
       ``(1) identifying the skill needs of the targeted industry 
     or sector and any gaps in the available supply of skilled 
     workers in the community impacted by trade, and developing 
     strategies for filling the gaps, including by--
       ``(A) developing systems to better link firms in the 
     targeted industry or sector to available skilled workers;
       ``(B) helping firms in the targeted industry or sector to 
     obtain access to new sources of qualified job applicants;
       ``(C) retraining dislocated and incumbent workers; or
       ``(D) facilitating the training of new skilled workers by 
     aligning the instruction provided by local suppliers of 
     education and training services with the needs of the 
     targeted industry or sector;
       ``(2) analyzing the skills and education levels of 
     dislocated and incumbent workers and developing training to 
     address skill gaps that prevent such workers from obtaining 
     jobs in the targeted industry or sector;
       ``(3) helping firms, especially small- and medium-sized 
     firms, in the targeted industry or sector increase their 
     productivity and the productivity of their workers;
       ``(4) helping such firms retain incumbent workers;
       ``(5) developing learning consortia of small- and medium-
     sized firms in the targeted industry or sector with similar 
     training needs to enable the firms to combine their purchases 
     of training services, and thereby lower their training costs;
       ``(6) providing information and outreach activities to 
     firms in the targeted industry or sector regarding the 
     activities of the eligible partnership and other local 
     service suppliers that could assist the firms in meeting 
     needs for skilled workers;
       ``(7) seeking, applying, and disseminating best practices 
     learned from similarly situated communities impacted by trade 
     in the development and implementation of economic growth and 
     revitalization strategies; and
       ``(8) identifying additional public and private resources 
     to support the activities described in this subsection, which 
     may include the option to apply for a community grant under 
     section 275 or a Community College and Career Training Grant 
     under section 278 (subject to meeting any additional 
     requirements of those sections).
       ``(e) Grant Proposals.--
       ``(1) In general.--The lead entity of an eligible 
     partnership seeking to receive a Sector Partnership Grant 
     under this section shall submit a grant proposal to the 
     Secretary at such time, in

[[Page H1385]]

     such manner, and containing such information as the Secretary 
     may require.
       ``(2) General requirements of grant proposals.--A grant 
     proposal submitted under paragraph (1) shall, at a minimum--
       ``(A) identify the members of the eligible partnership;
       ``(B) identify the targeted industry or sector for which 
     the eligible partnership intends to carry out projects using 
     the Sector Partnership Grant;
       ``(C) describe the goals that the eligible partnership 
     intends to achieve to promote the targeted industry or 
     sector;
       ``(D) describe the projects that the eligible partnership 
     will undertake to achieve such goals;
       ``(E) demonstrate that the eligible partnership has the 
     organizational capacity to carry out the projects described 
     in subparagraph (D);
       ``(F) explain--
       ``(i) whether--

       ``(I) the community impacted by trade has sought or 
     received a community grant under section 275;
       ``(II) an eligible institution in the community has sought 
     or received a Community College and Career Training Grant 
     under section 278; or
       ``(III) any other entity in the community has received 
     funds pursuant to any other federally funded training 
     project; and

       ``(ii) how the eligible partnership will coordinate its use 
     of a Sector Partnership Grant with the use of such other 
     grants or funds in order to enhance the effectiveness of each 
     grant and any such funds and avoid duplication of efforts; 
     and
       ``(G) include performance measures, developed based on the 
     performance measures issued by the Secretary under subsection 
     (g)(2), and a timeline for measuring progress toward 
     achieving the goals described in subparagraph (C).
       ``(f) Award of Grants.--
       ``(1) In general.--Upon application by the lead entity of 
     an eligible partnership, the Secretary may award a Sector 
     Partnership Grant to the eligible partnership to assist the 
     partnership in carrying out any of the projects in the grant 
     proposal that the Secretary determines will further the 
     purposes of this subchapter.
       ``(2) Limitations.--An eligible partnership may not be 
     awarded--
       ``(A) more than one Sector Partnership Grant; or
       ``(B) a total grant award under this subchapter in excess 
     of--
       ``(i) except as provided in clause (ii), $2,500,000; or
       ``(ii) in the case of an eligible partnership located 
     within a community impacted by trade that is not served by an 
     institution receiving a Community College and Career Training 
     Grant under section 278, $3,000,000.
       ``(g) Administration by the Secretary.--
       ``(1) Technical assistance and oversight.--
       ``(A) In general.--The Secretary shall provide technical 
     assistance to, and oversight of, the lead entity of an 
     eligible partnership in applying for and administering Sector 
     Partnership Grants awarded under this section.
       ``(B) Technical assistance.--Technical assistance provided 
     under subparagraph (A) shall include providing conferences 
     and such other methods of collecting and disseminating 
     information on best practices developed by eligible 
     partnerships as the Secretary determines appropriate.
       ``(C) Grants or contracts for technical assistance.--The 
     Secretary may award a grant or contract to one or more 
     national or State organizations to provide technical 
     assistance to foster the planning, formation, and 
     implementation of eligible partnerships.
       ``(2) Performance measures.--The Secretary shall issue a 
     range of performance measures, with quantifiable benchmarks, 
     and methodologies that eligible partnerships may use to 
     measure progress toward the goals described in subsection 
     (e). In developing such measures, the Secretary shall 
     consider the benefits of the eligible partnership and its 
     activities for workers, firms, industries, and communities.
       ``(h) Reports.--
       ``(1) Progress report.--Not later than 1 year after 
     receiving a Sector Partnership Grant, and 3 years thereafter, 
     the lead entity shall submit to the Secretary, on behalf of 
     the eligible partnership, a report containing--
       ``(A) a detailed description of the progress made toward 
     achieving the goals described in subsection (e)(2)(C), using 
     the performance measures required under subsection (e)(2)(G);
       ``(B) a detailed evaluation of the impact of the grant 
     award on workers and employers in the community impacted by 
     trade; and
       ``(C) a detailed description of all expenditures of funds 
     awarded to the eligible partnership under the Sector 
     Partnership Grant approved by the Secretary under this 
     subchapter.
       ``(2) Annual report.--Not later than December 15 in each of 
     the calendar years 2009 through 2011, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(A) describing each Sector Partnership Grant awarded to 
     an eligible partnership during the preceding fiscal year; and
       ``(B) assessing the impact of each Sector Partnership Grant 
     awarded in a fiscal year preceding the fiscal year referred 
     to in subparagraph (A) on workers and employers in 
     communities impacted by trade.

     ``SEC. 279B. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary of Labor $40,000,000 for each of the fiscal 
     years 2009 and 2010, and $10,000,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     the Sector Partnership Grant program under section 279A. 
     Funds appropriated pursuant to this section shall remain 
     available until expended.
       ``(b) Supplement Not Supplant.--Funds appropriated pursuant 
     to this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended to 
     support the economic development of local communities.
       ``(c) Administrative Costs.--The Secretary may retain not 
     more than 5 percent of the funds appropriated pursuant to 
     this section for each fiscal year to administer the Sector 
     Partnership Grant program under section 279A.

                   ``Subchapter D--General Provisions

     ``SEC. 279C. RULE OF CONSTRUCTION.

       ``Nothing in this chapter prevents a worker from receiving 
     trade adjustment assistance under chapter 2 of this title at 
     the same time the worker is receiving assistance in any 
     manner from--
       ``(1) a community receiving a community grant under 
     subchapter A;
       ``(2) an eligible institution receiving a Community College 
     and Career Training Grant under subchapter B; or
       ``(3) an eligible partnership receiving a Sector 
     Partnership Grant under subchapter C.''.

     SEC. 1873. CONFORMING AMENDMENTS.

       (a) Table of Contents.--The table of contents of the Trade 
     Act of 1974 is amended by striking the items relating to 
     chapter 4 of title II and inserting the following:

        ``Chapter 4--Trade Adjustment Assistance for Communities

      ``Subchapter A--Trade Adjustment Assistance for Communities

``Sec. 271. Definitions.
``Sec. 272. Establishment of trade adjustment assistance for 
              communities program.
``Sec. 273. Eligibility; notification.
``Sec. 274. Technical assistance.
``Sec. 275. Grants for eligible communities.
``Sec. 276. Strategic plans.
``Sec. 277. General provisions.

  ``Subchapter B--Community College and Career Training Grant Program

``Sec. 278. Community college and career training grant program.
``Sec. 279. Authorization of appropriations.

   ``Subchapter C--Industry or Sector Partnership Grant Program for 
                     Communities Impacted by Trade

``Sec. 279A. Industry or sector partnership grant program for 
              communities impacted by trade.
``Sec. 279B. Authorization of appropriations.

                   ``Subchapter D--General Provisions

``Sec. 279C. Rule of construction.''
       (b) Judicial Review.--
       (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 
     2395(a)) is amended--
       (A) by inserting ``or 296'' after ``section 293'';
       (B) by striking ``or any other interested domestic party'' 
     and inserting ``or authorized representative of a 
     community''; and
       (C) by striking ``section 271'' and inserting ``section 
     273''.
       (2) Section 1581(d) of title 28, United States Code, is 
     amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3)--
       (i) by striking ``271'' and inserting ``273''; and
       (ii) by striking the period and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) any final determination of the Secretary of 
     Agriculture under section 293 or 296 of the Trade Act of 1974 
     (19 U.S.C. 2401b) with respect to the eligibility of a group 
     of agricultural commodity producers for adjustment assistance 
     under such Act.''.

            PART IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

     SEC. 1881. DEFINITIONS.

       Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Agricultural commodity.--The term `agricultural 
     commodity' includes--
       ``(A) any agricultural commodity (including livestock) in 
     its raw or natural state;
       ``(B) any class of goods within an agricultural commodity; 
     and
       ``(C) in the case of an agricultural commodity producer 
     described in paragraph (2)(B), wild-caught aquatic 
     species.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Agricultural commodity producer.--The term 
     `agricultural commodity producer' means--
       ``(A) a person that shares in the risk of producing an 
     agricultural commodity and that is entitled to a share of the 
     commodity for marketing, including an operator, a 
     sharecropper, or a person that owns or rents the land on 
     which the commodity is produced; or
       ``(B) a person that reports gain or loss from the trade or 
     business of fishing on the person's annual Federal income tax 
     return for the taxable year that most closely corresponds to 
     the marketing year with respect to which a petition is filed 
     under section 292.''; and
       (3) by adding at the end the following:
       ``(7) Marketing year.--The term `marketing year' means--
       ``(A) a marketing year designated by the Secretary with 
     respect to an agricultural commodity; or
       ``(B) in the case of an agricultural commodity with respect 
     to which the Secretary does not designate a marketing year, a 
     calendar year.''.

     SEC. 1882. ELIGIBILITY.

       (a) In General.--Section 292 of the Trade Act of 1974 (19 
     U.S.C. 2401a) is amended by striking

[[Page H1386]]

     subsections (c) through (e) and inserting the following:
       ``(c) Group Eligibility Requirements.--The Secretary shall 
     certify a group of agricultural commodity producers as 
     eligible to apply for adjustment assistance under this 
     chapter if the Secretary determines that--
       ``(1)(A) the national average price of the agricultural 
     commodity produced by the group during the most recent 
     marketing year for which data are available is less than 85 
     percent of the average of the national average price for the 
     commodity in the 3 marketing years preceding such marketing 
     year;
       ``(B) the quantity of production of the agricultural 
     commodity produced by the group during such marketing year is 
     less than 85 percent of the average of the quantity of 
     production of the commodity produced by the group in the 3 
     marketing years preceding such marketing year;
       ``(C) the value of production of the agricultural commodity 
     produced by the group during such marketing year is less than 
     85 percent of the average value of production of the 
     commodity produced by the group in the 3 marketing years 
     preceding such marketing year; or
       ``(D) the cash receipts for the agricultural commodity 
     produced by the group during such marketing year are less 
     than 85 percent of the average of the cash receipts for the 
     commodity produced by the group in the 3 marketing years 
     preceding such marketing year;
       ``(2) the volume of imports of articles like or directly 
     competitive with the agricultural commodity produced by the 
     group in the marketing year with respect to which the group 
     files the petition increased compared to the average volume 
     of such imports during the 3 marketing years preceding such 
     marketing year; and
       ``(3) the increase in such imports contributed importantly 
     to the decrease in the national average price, quantity of 
     production, or value of production of, or cash receipts for, 
     the agricultural commodity, as described in paragraph (1).
       ``(d) Eligibility of Certain Other Producers.--An 
     agricultural commodity producer or group of producers that 
     resides outside of the State or region identified in the 
     petition filed under subsection (a) may file a request to 
     become a party to that petition not later than 15 days after 
     the date the notice is published in the Federal Register 
     under subsection (a) with respect to that petition.
       ``(e) Treatment of Classes of Goods Within a Commodity.--In 
     any case in which there are separate classes of goods within 
     an agricultural commodity, the Secretary shall treat each 
     class as a separate commodity in determining under subsection 
     (c)--
       ``(1) group eligibility;
       ``(2) the national average price, quantity of production, 
     or value of production, or cash receipts; and
       ``(3) the volume of imports.''.
       (b) Conforming Amendments.--Section 293 of the Trade Act of 
     1974 (19 U.S.C. 2401b) is amended--
       (1) in subsection (a), by striking ``section 292 (c) or 
     (d), as the case may be,'' and inserting ``section 292(c)''; 
     and
       (2) in subsection (c), by striking ``decline in price for'' 
     and inserting ``decrease in the national average price, 
     quantity of production, or value of production of, or cash 
     receipts for,''.

     SEC. 1883. BENEFITS.

       (a) In General.--Section 296 of the Trade Act of 1974 (19 
     U.S.C. 2401e) is amended to read as follows:

     ``SEC. 296. QUALIFYING REQUIREMENTS AND BENEFITS FOR 
                   AGRICULTURAL COMMODITY PRODUCERS.

       ``(a) In General.--
       ``(1) Requirements.--
       ``(A) In general.--Benefits under this chapter shall be 
     available to an agricultural commodity producer covered by a 
     certification under this chapter who files an application for 
     such benefits not later than 90 days after the date on which 
     the Secretary makes a determination and issues a 
     certification of eligibility under section 293, if the 
     producer submits to the Secretary sufficient information to 
     establish that--
       ``(i) the producer produced the agricultural commodity 
     covered by the application filed under this subsection in the 
     marketing year with respect to which the petition is filed 
     and in at least 1 of the 3 marketing years preceding that 
     marketing year;
       ``(ii)(I) the quantity of the agricultural commodity that 
     was produced by the producer in the marketing year with 
     respect to which the petition is filed has decreased compared 
     to the most recent marketing year preceding that marketing 
     year for which data are available; or
       ``(II)(aa) the price received for the agricultural 
     commodity by the producer during the marketing year with 
     respect to which the petition is filed has decreased compared 
     to the average price for the commodity received by the 
     producer in the 3 marketing years preceding that marketing 
     year; or
       ``(bb) the county level price maintained by the Secretary 
     for the agricultural commodity on the date on which the 
     petition is filed has decreased compared to the average 
     county level price for the commodity in the 3 marketing years 
     preceding the date on which the petition is filed; and
       ``(iii) the producer is not receiving--

       ``(I) cash benefits under chapter 2 or 3; or
       ``(II) benefits based on the production of an agricultural 
     commodity covered by another petition filed under this 
     chapter.

       ``(B) Special rule with respect to crops not grown every 
     year.--For purposes of subparagraph (A)(ii)(II)(aa), if a 
     petition is filed with respect to an agricultural commodity 
     that is not produced by the producer every year, an 
     agricultural commodity producer producing that commodity may 
     establish the average price received for the commodity by the 
     producer in the 3 marketing years preceding the year with 
     respect to which the petition is filed by using average price 
     data for the 3 most recent marketing years in which the 
     producer produced the commodity and for which data are 
     available.
       ``(2) Limitations based on adjusted gross income.--
       ``(A) In general.--Notwithstanding any other provision of 
     this chapter, an agricultural commodity producer shall not be 
     eligible for assistance under this chapter in any year in 
     which the average adjusted gross income (as defined in 
     section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 
     1308-3a(a))) of the producer exceeds the level set forth in 
     subparagraph (A) or (B) of section 1001D(b)(1) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)), whichever is 
     applicable.
       ``(B) Demonstration of compliance.--An agricultural 
     commodity producer shall provide to the Secretary such 
     information as the Secretary determines necessary to 
     demonstrate that the producer is in compliance with the 
     limitation under subparagraph (A).
       ``(C) Counter-cyclical and acre payments.--The total amount 
     of payments made to an agricultural commodity producer under 
     this chapter during any crop year may not exceed the 
     limitations on payments set forth in subsections (b)(2), 
     (b)(3), (c)(2), and (c)(3) of section 1001 of the Food 
     Security Act of 1985 (7 U.S.C. 1308).
       ``(b) Technical Assistance.--
       ``(1) Initial technical assistance.--
       ``(A) In general.--An agricultural commodity producer that 
     files an application and meets the requirements under 
     subsection (a)(1) shall be entitled to receive initial 
     technical assistance designed to improve the competitiveness 
     of the production and marketing of the agricultural commodity 
     with respect to which the producer was certified under this 
     chapter. Such assistance shall include information 
     regarding--
       ``(i) improving the yield and marketing of that 
     agricultural commodity; and
       ``(ii) the feasibility and desirability of substituting one 
     or more alternative agricultural commodities for that 
     agricultural commodity.
       ``(B) Transportation and subsistence expenses.--
       ``(i) In general.--The Secretary may authorize supplemental 
     assistance necessary to defray reasonable transportation and 
     subsistence expenses incurred by an agricultural commodity 
     producer in connection with initial technical assistance 
     under subparagraph (A) if such assistance is provided at 
     facilities that are not within normal commuting distance of 
     the regular place of residence of the producer.
       ``(ii) Exceptions.--The Secretary may not authorize 
     payments to an agricultural commodity producer under clause 
     (i)--

       ``(I) for subsistence expenses that exceed the lesser of--

       ``(aa) the actual per diem expenses for subsistence 
     incurred by the producer; or
       ``(bb) the prevailing per diem allowance rate authorized 
     under Federal travel regulations; or

       ``(II) for travel expenses that exceed the prevailing 
     mileage rate authorized under the Federal travel regulations.

       ``(2) Intensive technical assistance.--A producer that has 
     completed initial technical assistance under paragraph (1) 
     shall be eligible to participate in intensive technical 
     assistance. Such assistance shall consist of--
       ``(A) a series of courses to further assist the producer in 
     improving the competitiveness of the producer in producing--
       ``(i) the agricultural commodity with respect to which the 
     producer was certified under this chapter; or
       ``(ii) another agricultural commodity; and
       ``(B) assistance in developing an initial business plan 
     based on the courses completed under subparagraph (A).
       ``(3) Initial business plan.--
       ``(A) Approval by secretary.--The Secretary shall approve 
     an initial business plan developed under paragraph (2)(B) if 
     the plan--
       ``(i) reflects the skills gained by the producer through 
     the courses described in paragraph (2)(A); and
       ``(ii) demonstrates how the producer will apply those 
     skills to the circumstances of the producer.
       ``(B) Financial assistance for implementing initial 
     business plan.--Upon approval of the producer's initial 
     business plan by the Secretary under subparagraph (A), a 
     producer shall be entitled to an amount not to exceed $4,000 
     to--
       ``(i) implement the initial business plan; or
       ``(ii) develop a long-term business adjustment plan under 
     paragraph (4).
       ``(4) Long-term business adjustment plan.--
       ``(A) In general.--A producer that has completed intensive 
     technical assistance under paragraph (2) and whose initial 
     business plan has been approved under paragraph (3)(A) shall 
     be eligible for, in addition to the amount under subparagraph 
     (C), assistance in developing a long-term business adjustment 
     plan.
       ``(B) Approval of long-term business adjustment plans.--The 
     Secretary shall approve a long-term business adjustment plan 
     developed under subparagraph (A) if the Secretary determines 
     that the plan--
       ``(i) includes steps reasonably calculated to materially 
     contribute to the economic adjustment of the producer to 
     changing market conditions;
       ``(ii) takes into consideration the interests of the 
     workers employed by the producer; and
       ``(iii) demonstrates that the producer will have sufficient 
     resources to implement the business plan.
       ``(C) Plan implementation.--Upon approval of the producer's 
     long-term business adjustment plan under subparagraph (B), a 
     producer shall

[[Page H1387]]

     be entitled to an amount not to exceed $8,000 to implement 
     the long-term business adjustment plan.
       ``(c) Maximum Amount of Assistance.--An agricultural 
     commodity producer may receive not more than $12,000 under 
     paragraphs (3) and (4) of subsection (b) in the 36-month 
     period following certification under section 293.
       ``(d) Limitations on Other Assistance.--An agricultural 
     commodity producer that receives benefits under this chapter 
     (other than initial technical assistance under subsection 
     (b)(1)) shall not be eligible for cash benefits under chapter 
     2 or 3.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 296 and inserting the following:

``Sec. 296. Qualifying requirements and benefits for agricultural 
              commodity producers.''.

     SEC. 1884. REPORT.

       Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is 
     amended by adding at the end the following:
       ``(d) Report by the Secretary.--Not later than January 30, 
     2010, and annually thereafter, the Secretary of Agriculture 
     shall submit to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives a report containing the following information 
     with respect to adjustment assistance provided under this 
     chapter during the preceding fiscal year:
       ``(1) A list of the agricultural commodities covered by a 
     certification under this chapter.
       ``(2) The States or regions in which such commodities are 
     produced and the aggregate amount of such commodities 
     produced in each such State or region.
       ``(3) The total number of agricultural commodity producers, 
     by congressional district, receiving benefits under this 
     chapter.
       ``(4) The total number of agricultural commodity producers, 
     by congressional district, receiving technical assistance 
     under this chapter.''.

     SEC. 1885. FRAUD AND RECOVERY OF OVERPAYMENTS.

       Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C. 
     2401f(a)(1)) is amended by inserting ``or has expended funds 
     received under this chapter for a purpose that was not 
     approved by the Secretary,'' after ``entitled,''.

     SEC. 1886. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN 
                   FISHERMEN.

       For purposes of chapters 2 and 6 of title II of the Trade 
     Act of 1974 (19 U.S.C. 2251 et seq.), in the case of an 
     agricultural commodity producer that--
       (1) is a fisherman or aquaculture producer, and
       (2) is otherwise eligible for adjustment assistance under 
     chapter 2 or 6, as the case may be,
     the increase in imports of articles like or directly 
     competitive with the agricultural commodity produced by such 
     producer may be based on imports of wild-caught seafood, 
     farm-raised seafood, or both.

     SEC. 1887. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR 
                   FARMERS.

       Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
     2401g(a)) is amended by striking ``fiscal years 2003 through 
     2007'' and all that follows through the end period and 
     inserting ``fiscal years 2009 and 2010, and $22,500,000 for 
     the period beginning October 1, 2010, and ending December 31, 
     2010, to carry out the purposes of this chapter, including 
     administrative costs, and salaries and expenses of employees 
     of the Department of Agriculture.''.

                       PART V--GENERAL PROVISIONS

     SEC. 1891. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     subtitle, and subsection (b) of this section, this subtitle 
     and the amendments made by this subtitle--
       (1) shall take effect upon the expiration of the 90-day 
     period beginning on the date of the enactment of this Act; 
     and
       (2) shall apply to--
       (A) petitions for certification filed under chapter 2, 3, 
     or 6 of title II of the Trade Act of 1974 on or after the 
     effective date described in paragraph (1); and
       (B) petitions for assistance and proposals for grants filed 
     under chapter 4 of title II of the Trade Act of 1974 on or 
     after such effective date.
       (b) Certifications Made Before Effective Date.--
     Notwithstanding subsection (a)--
       (1) a worker shall continue to receive (or be eligible to 
     receive) trade adjustment assistance and other benefits under 
     subchapter B of chapter 2 of title II of the Trade Act of 
     1974, as in effect on the day before the effective date 
     described in subsection (a)(1), for any week for which the 
     worker meets the eligibility requirements of such chapter 2 
     as in effect on the day before such effective date, if the 
     worker--
       (A) is certified as eligible for trade adjustment 
     assistance benefits under such chapter 2 pursuant to a 
     petition filed under section 221 of the Trade Act of 1974 on 
     or before such effective date; and
       (B) would otherwise be eligible to receive trade adjustment 
     assistance benefits under such chapter as in effect on the 
     day before such effective date;
       (2) a worker shall continue to receive (or be eligible to 
     receive) benefits under section 246(a)(2) of the Trade Act of 
     1974, as in effect on the day before the effective date 
     described in subsection (a)(1), for such period for which the 
     worker meets the eligibility requirements of section 246 of 
     that Act as in effect on the day before such effective date, 
     if the worker--
       (A) is certified as eligible for benefits under such 
     section 246 pursuant to a petition filed under section 221 of 
     the Trade Act of 1974 on or before such effective date; and
       (B) would otherwise be eligible to receive benefits under 
     such section 246(a)(2) as in effect on the day before such 
     effective date; and
       (3) a firm shall continue to receive (or be eligible to 
     receive) adjustment assistance under chapter 3 of title II of 
     the Trade Act of 1974, as in effect on the day before the 
     effective date described in subsection (a)(1), for such 
     period for which the firm meets the eligibility requirements 
     of such chapter 3 as in effect on the day before such 
     effective date, if the firm--
       (A) is certified as eligible for benefits under such 
     chapter 3 pursuant to a petition filed under section 251 of 
     the Trade Act of 1974 on or before such effective date; and
       (B) would otherwise be eligible to receive benefits under 
     such chapter 3 as in effect on the day before such effective 
     date.

     SEC. 1892. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAMS.

       (a) For Workers.--Section 245(a) of the Trade Act of 1974 
     (19 U.S.C. 2317(a)) is amended by striking ``December 31, 
     2007'' and inserting ``December 31, 2010''.
       (b) Termination.--Section 285 of the Trade Act of 1974 (19 
     U.S.C. 2271 note prec.) is amended--
       (1) in subsection (a), by striking ``December 31, 2007'' 
     each place it appears and inserting ``December 31, 2010''; 
     and
       (2) by amending subsection (b) to read as follows:
       ``(b) Other Assistance.--
       ``(1) Assistance for firms.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     technical assistance and grants may not be provided under 
     chapter 3 after December 31, 2010.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     technical assistance or grant approved under chapter 3 on or 
     before December 31, 2010, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the technical 
     assistance or grant is otherwise eligible to receive such 
     technical assistance or grant, as the case may be.
       ``(2) Farmers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     technical assistance and financial assistance may not be 
     provided under chapter 6 after December 31, 2010.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     technical or financial assistance approved under chapter 6 on 
     or before December 31, 2010, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the technical or 
     financial assistance is otherwise eligible to receive such 
     technical or financial assistance, as the case may be.
       ``(3) Assistance for communities.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     technical assistance and grants may not be provided under 
     chapter 4 after December 31, 2010.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     technical assistance or grant approved under chapter 4 on or 
     before December 31, 2010, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the technical 
     assistance or grant is otherwise eligible to receive such 
     technical assistance or grant, as the case may be.''.

     SEC. 1893. TERMINATION; RELATED PROVISIONS.

       (a) Sunset.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this subtitle to chapters 2, 3, 4, 5, and 6 of title 
     II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall 
     not apply on or after January 1, 2011.
       (2) Exception.--The amendments made by this subtitle to 
     section 285 of the Trade Act of 1974 shall continue to apply 
     on and after January 1, 2011, with respect to--
       (A) workers certified as eligible for trade adjustment 
     assistance benefits under chapter 2 of title II of that Act 
     pursuant to petitions filed under section 221 of that Act 
     before January 1, 2011;
       (B) firms certified as eligible for technical assistance or 
     grants under chapter 3 of title II of that Act pursuant to 
     petitions filed under section 251 of that Act before January 
     1, 2011;
       (C) recipients approved for technical assistance or grants 
     under chapter 4 of title II of that Act pursuant to petitions 
     for assistance or proposals for grants (as the case may be) 
     filed pursuant to such chapter before January 1, 2011; and
       (D) agricultural commodity producers certified as eligible 
     for technical or financial assistance under chapter 6 of 
     title II of that Act pursuant to petitions filed under 
     section 292 of that Act before January 1, 2011.
       (b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 
     of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) 
     shall be applied and administered beginning January 1, 2011, 
     as if the amendments made by this subtitle (other than part 
     VI) had never been enacted, except that in applying and 
     administering such chapters--
       (1) section 245 of that Act shall be applied and 
     administered by substituting ``2011'' for ``2007'';
       (2) section 246(b) of that Act shall be applied and 
     administered by substituting ``December 31, 2011'' for ``the 
     date that is 5 years'' and all that follows through 
     ``State'';
       (3) section 256(b) of that Act shall be applied and 
     administered by substituting ``the 1-year period beginning 
     January 1, 2011'' for ``each of fiscal years 2003 through 
     2007, and $4,000,000 for the 3-month period beginning October 
     1, 2007'';
       (4) section 298(a) of that Act shall be applied and 
     administered by substituting ``the 1-year period beginning 
     January 1, 2011'' for ``each of the fiscal years'' and all 
     that follows through ``October 1, 2007''; and
       (5) subject to subsection (a)(2), section 285 of that Act 
     shall be applied and administered--

[[Page H1388]]

       (A) in subsection (a), by substituting ``2011'' for 
     ``2007'' each place it appears; and
       (B) by applying and administering subsection (b) as if it 
     read as follows:
       ``(b) Other Assistance.--
       ``(1) Assistance for firms.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     assistance may not be provided under chapter 3 after December 
     31, 2011.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 3 on or before December 31, 
     2011, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.
       ``(2) Farmers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     assistance may not be provided under chapter 6 after December 
     31, 2011.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 6 on or before December 31, 
     2011, may be provided--
       ``(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       ``(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.''.

     SEC. 1894. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

       Not later than September 30, 2012, the Comptroller General 
     of the United States shall prepare and submit to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives a comprehensive 
     report on the operation and effectiveness of the amendments 
     made by this subtitle to chapters 2, 3, 4, and 6 of the Trade 
     Act of 1974.

     SEC. 1895. EMERGENCY DESIGNATION.

       Amounts appropriated pursuant to this subtitle are 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to section 204(a) of S. Con. Res. 21 
     (110th Congress) and section 301(b)(2) of S. Con. Res. 70 
     (110th Congress), the concurrent resolutions on the budget 
     for fiscal years 2008 and 2009.

                  PART VI--HEALTH COVERAGE IMPROVEMENT

     SEC. 1899. SHORT TITLE.

       This part may be cited as the ``TAA Health Coverage 
     Improvement Act of 2009''.

     SEC. 1899A. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

       (a) Improvement of Affordability.--
       (1) In general.--Section 35(a) of the Internal Revenue Code 
     of 1986 (relating to credit for health insurance costs of 
     eligible individuals) is amended by inserting ``(80 percent 
     in the case of eligible coverage months beginning before 
     January 1, 2011)'' after ``65 percent''.
       (2) Conforming amendment.--Section 7527(b) of such Code 
     (relating to advance payment of credit for health insurance 
     costs of eligible individuals) is amended by inserting ``(80 
     percent in the case of eligible coverage months beginning 
     before January 1, 2011)'' after ``65 percent''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to coverage months beginning on or after the 
     first day of the first month beginning 60 days after the date 
     of the enactment of this Act.

     SEC. 1899B. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO 
                   COMMENCEMENT OF ADVANCE PAYMENTS OF CREDIT.

       (a) Payment for Premiums Due Prior to Commencement of 
     Advance Payments of Credit.--Section 7527 of the Internal 
     Revenue Code of 1986 (relating to advance payment of credit 
     for health insurance costs of eligible individuals) is 
     amended by adding at the end the following new subsection:
       ``(e) Payment for Premiums Due Prior to Commencement of 
     Advance Payments.--In the case of eligible coverage months 
     beginning before January 1, 2011--
       ``(1) In general.--The program established under subsection 
     (a) shall provide that the Secretary shall make 1 or more 
     retroactive payments on behalf of a certified individual in 
     an aggregate amount equal to 80 percent of the premiums for 
     coverage of the taxpayer and qualifying family members under 
     qualified health insurance for eligible coverage months (as 
     defined in section 35(b)) occurring prior to the first month 
     for which an advance payment is made on behalf of such 
     individual under subsection (a).
       ``(2) Reduction of payment for amounts received under 
     national emergency grants.--The amount of any payment 
     determined under paragraph (1) shall be reduced by the amount 
     of any payment made to the taxpayer for the purchase of 
     qualified health insurance under a national emergency grant 
     pursuant to section 173(f) of the Workforce Investment Act of 
     1998 for a taxable year including the eligible coverage 
     months described in paragraph (1).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to coverage months beginning after December 31, 
     2008.
       (c) Transitional Rule.--The Secretary of the Treasury shall 
     not be required to make any payments under section 7527(e) of 
     the Internal Revenue Code of 1986, as added by this section, 
     until after the date that is 6 months after the date of the 
     enactment of this Act.

     SEC. 1899C. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS 
                   ELIGIBLE FOR CREDIT.

       (a) In General.--Paragraph (2) of section 35(c) of the 
     Internal Revenue Code of 1986 (defining eligible TAA 
     recipient) is amended to read as follows:
       ``(2) Eligible taa recipient.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `eligible TAA recipient' means, with respect to any 
     month, any individual who is receiving for any day of such 
     month a trade readjustment allowance under chapter 2 of title 
     II of the Trade Act of 1974 or who would be eligible to 
     receive such allowance if section 231 of such Act were 
     applied without regard to subsection (a)(3)(B) of such 
     section. An individual shall continue to be treated as an 
     eligible TAA recipient during the first month that such 
     individual would otherwise cease to be an eligible TAA 
     recipient by reason of the preceding sentence.
       ``(B) Special rule.--In the case of any eligible coverage 
     month beginning after the date of the enactment of this 
     paragraph and before January 1, 2011, the term `eligible TAA 
     recipient' means, with respect to any month, any individual 
     who--
       ``(i) is receiving for any day of such month a trade 
     readjustment allowance under chapter 2 of title II of the 
     Trade Act of 1974,
       ``(ii) would be eligible to receive such allowance except 
     that such individual is in a break in training provided under 
     a training program approved under section 236 of such Act 
     that exceeds the period specified in section 233(e) of such 
     Act, but is within the period for receiving such allowances 
     provided under section 233(a) of such Act, or
       ``(iii) is receiving unemployment compensation (as defined 
     in section 85(b)) for any day of such month and who would be 
     eligible to receive such allowance for such month if section 
     231 of such Act were applied without regard to subsections 
     (a)(3)(B) and (a)(5) thereof.
     An individual shall continue to be treated as an eligible TAA 
     recipient during the first month that such individual would 
     otherwise cease to be an eligible TAA recipient by reason of 
     the preceding sentence.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after the date of 
     the enactment of this Act.

     SEC. 1899D. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF 
                   DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN 
                   CREDITABLE COVERAGE.

       (a) IRC Amendment.--Section 9801(c)(2) of the Internal 
     Revenue Code of 1986 (relating to not counting periods before 
     significant breaks in creditable coverage) is amended by 
     adding at the end the following new subparagraph:
       ``(D) TAA-eligible individuals.--In the case of plan years 
     beginning before January 1, 2011--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date which is 7 days after the date of the issuance by 
     the Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 shall not be taken into account in determining 
     the continuous period under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual' 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 4980B(f)(5)(C)(iv).''.
       (b) ERISA Amendment.--Section 701(c)(2) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) TAA-eligible individuals.--In the case of plan years 
     beginning before January 1, 2011--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date that is 7 days after the date of the issuance by the 
     Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 of the Internal Revenue Code of 1986 shall not 
     be taken into account in determining the continuous period 
     under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual' 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 605(b)(4).''.
       (c) PHSA Amendment.--Section 2701(c)(2) of the Public 
     Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) TAA-eligible individuals.--In the case of plan years 
     beginning before January 1, 2011--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date that is 7 days after the date of the issuance by the 
     Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 of the Internal Revenue Code of 1986 shall not 
     be taken into account in determining the continuous period 
     under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual' 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 2205(b)(4).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 1899E. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER 
                   CERTAIN EVENTS.

       (a) In General.--Subsection (g) of section 35 of such Code 
     is amended by redesignating paragraph (9) as paragraph (10) 
     and inserting after paragraph (8) the following new 
     paragraph:
       ``(9) Continued qualification of family members after 
     certain events.--In the case of eligible coverage months 
     beginning before January 1, 2011--
       ``(A) Medicare eligibility.--In the case of any month which 
     would be an eligible coverage

[[Page H1389]]

     month with respect to an eligible individual but for 
     subsection (f)(2)(A), such month shall be treated as an 
     eligible coverage month with respect to such eligible 
     individual solely for purposes of determining the amount of 
     the credit under this section with respect to any qualifying 
     family members of such individual (and any advance payment of 
     such credit under section 7527). This subparagraph shall only 
     apply with respect to the first 24 months after such eligible 
     individual is first entitled to the benefits described in 
     subsection (f)(2)(A).
       ``(B) Divorce.--In the case of the finalization of a 
     divorce between an eligible individual and such individual's 
     spouse, such spouse shall be treated as an eligible 
     individual for purposes of this section and section 7527 for 
     a period of 24 months beginning with the date of such 
     finalization, except that the only qualifying family members 
     who may be taken into account with respect to such spouse are 
     those individuals who were qualifying family members 
     immediately before such finalization.
       ``(C) Death.--In the case of the death of an eligible 
     individual--
       ``(i) any spouse of such individual (determined at the time 
     of such death) shall be treated as an eligible individual for 
     purposes of this section and section 7527 for a period of 24 
     months beginning with the date of such death, except that the 
     only qualifying family members who may be taken into account 
     with respect to such spouse are those individuals who were 
     qualifying family members immediately before such death, and
       ``(ii) any individual who was a qualifying family member of 
     the decedent immediately before such death (or, in the case 
     of an individual to whom paragraph (4) applies, the taxpayer 
     to whom the deduction under section 151 is allowable) shall 
     be treated as an eligible individual for purposes of this 
     section and section 7527 for a period of 24 months beginning 
     with the date of such death, except that in determining the 
     amount of such credit only such qualifying family member may 
     be taken into account.''.
       (b) Conforming Amendment.--Section 173(f) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by 
     adding at the end the following:
       ``(8) Continued qualification of family members after 
     certain events.--In the case of eligible coverage months 
     beginning before January 1, 2011--
       ``(A) Medicare eligibility.--In the case of any month which 
     would be an eligible coverage month with respect to an 
     eligible individual but for paragraph (7)(B)(i), such month 
     shall be treated as an eligible coverage month with respect 
     to such eligible individual solely for purposes of 
     determining the eligibility of qualifying family members of 
     such individual under this subsection. This subparagraph 
     shall only apply with respect to the first 24 months after 
     such eligible individual is first entitled to the benefits 
     described in paragraph (7)(B)(i).
       ``(B) Divorce.--In the case of the finalization of a 
     divorce between an eligible individual and such individual's 
     spouse, such spouse shall be treated as an eligible 
     individual for purposes of this subsection for a period of 24 
     months beginning with the date of such finalization, except 
     that the only qualifying family members who may be taken into 
     account with respect to such spouse are those individuals who 
     were qualifying family members immediately before such 
     finalization.
       ``(C) Death.--In the case of the death of an eligible 
     individual--
       ``(i) any spouse of such individual (determined at the time 
     of such death) shall be treated as an eligible individual for 
     purposes of this subsection for a period of 24 months 
     beginning with the date of such death, except that the only 
     qualifying family members who may be taken into account with 
     respect to such spouse are those individuals who were 
     qualifying family members immediately before such death, and
       ``(ii) any individual who was a qualifying family member of 
     the decedent immediately before such death shall be treated 
     as an eligible individual for purposes this subsection for a 
     period of 24 months beginning with the date of such death, 
     except that no qualifying family members may be taken into 
     account with respect to such individual.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2009.

     SEC. 1899F. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-
                   ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.

       (a) ERISA Amendments.--Section 602(2)(A) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) 
     is amended--
       (1) by moving clause (v) to after clause (iv) and before 
     the flush left sentence beginning with ``In the case of a 
     qualified beneficiary'';
       (2) by striking ``In the case of a qualified beneficiary'' 
     and inserting the following:
       ``(vi) Special rule for disability.--In the case of a 
     qualified beneficiary''; and
       (3) by redesignating clauses (v) and (vi), as amended by 
     paragraphs (1) and (2), as clauses (vii) and (viii), 
     respectively, and by inserting after clause (iv) the 
     following new clauses:
       ``(v) Special rule for pbgc recipients.--In the case of a 
     qualifying event described in section 603(2) with respect to 
     a covered employee who (as of such qualifying event) has a 
     nonforfeitable right to a benefit any portion of which is to 
     be paid by the Pension Benefit Guaranty Corporation under 
     title IV, notwithstanding clause (i) or (ii), the date of the 
     death of the covered employee, or in the case of the 
     surviving spouse or dependent children of the covered 
     employee, 24 months after the date of the death of the 
     covered employee. The preceding sentence shall not require 
     any period of coverage to extend beyond December 31, 2010.
       ``(vi) Special rule for taa-eligible individuals.--In the 
     case of a qualifying event described in section 603(2) with 
     respect to a covered employee who is (as of the date that the 
     period of coverage would, but for this clause or clause 
     (vii), otherwise terminate under clause (i) or (ii)) a TAA-
     eligible individual (as defined in section 605(b)(4)(B)), the 
     period of coverage shall not terminate by reason of clause 
     (i) or (ii), as the case may be, before the later of the date 
     specified in such clause or the date on which such individual 
     ceases to be such a TAA-eligible individual. The preceding 
     sentence shall not require any period of coverage to extend 
     beyond December 31, 2010.''.
       (b) IRC Amendments.--Clause (i) of section 4980B(f)(2)(B) 
     of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``In the case of a qualified beneficiary'' 
     and inserting the following:

       ``(VI) Special rule for disability.--In the case of a 
     qualified beneficiary'', and

       (2) by redesignating subclauses (V) and (VI), as amended by 
     paragraph (1), as subclauses (VII) and (VIII), respectively, 
     and by inserting after clause (IV) the following new 
     subclauses:

       ``(V) Special rule for pbgc recipients.--In the case of a 
     qualifying event described in paragraph (3)(B) with respect 
     to a covered employee who (as of such qualifying event) has a 
     nonforfeitable right to a benefit any portion of which is to 
     be paid by the Pension Benefit Guaranty Corporation under 
     title IV of the Employee Retirement Income Security Act of 
     1974, notwithstanding subclause (I) or (II), the date of the 
     death of the covered employee, or in the case of the 
     surviving spouse or dependent children of the covered 
     employee, 24 months after the date of the death of the 
     covered employee. The preceding sentence shall not require 
     any period of coverage to extend beyond December 31, 2010.
       ``(VI) Special rule for taa-eligible individuals.--In the 
     case of a qualifying event described in paragraph (3)(B) with 
     respect to a covered employee who is (as of the date that the 
     period of coverage would, but for this subclause or subclause 
     (VII), otherwise terminate under subclause (I) or (II)) a 
     TAA-eligible individual (as defined in paragraph 
     (5)(C)(iv)(II)), the period of coverage shall not terminate 
     by reason of subclause (I) or (II), as the case may be, 
     before the later of the date specified in such subclause or 
     the date on which such individual ceases to be such a TAA-
     eligible individual. The preceding sentence shall not require 
     any period of coverage to extend beyond December 31, 2010.''.

       (c) PHSA Amendments.--Section 2202(2)(A) of the Public 
     Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended--
       (1) by striking ``In the case of a qualified beneficiary'' 
     and inserting the following:
       ``(v) Special rule for disability.--In the case of a 
     qualified beneficiary''; and
       (2) by redesignating clauses (iv) and (v), as amended by 
     paragraph (1), as clauses (v) and (vi), respectively, and by 
     inserting after clause (iii) the following new clause:
       ``(iv) Special rule for taa-eligible individuals.--In the 
     case of a qualifying event described in section 2203(2) with 
     respect to a covered employee who is (as of the date that the 
     period of coverage would, but for this clause or clause (v), 
     otherwise terminate under clause (i) or (ii)) a TAA-eligible 
     individual (as defined in section 2205(b)(4)(B)), the period 
     of coverage shall not terminate by reason of clause (i) or 
     (ii), as the case may be, before the later of the date 
     specified in such clause or the date on which such individual 
     ceases to be such a TAA-eligible individual. The preceding 
     sentence shall not require any period of coverage to extend 
     beyond December 31, 2010.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods of coverage which would (without 
     regard to the amendments made by this section) end on or 
     after the date of the enactment of this Act.

     SEC. 1899G. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' 
                   BENEFICIARY ASSOCIATIONS.

       (a) In General.--Paragraph (1) of section 35(e) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(K) In the case of eligible coverage months beginning 
     before January 1, 2011, coverage under an employee benefit 
     plan funded by a voluntary employees' beneficiary association 
     (as defined in section 501(c)(9)) established pursuant to an 
     order of a bankruptcy court, or by agreement with an 
     authorized representative, as provided in section 1114 of 
     title 11, United States Code.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to coverage months beginning after the date of 
     the enactment of this Act.

     SEC. 1899H. NOTICE REQUIREMENTS.

       (a) In General.--Subsection (d) of section 7527 of the 
     Internal Revenue Code of 1986 (relating to qualified health 
     insurance costs credit eligibility certificate) is amended to 
     read as follows:
       ``(d) Qualified Health Insurance Costs Eligibility 
     Certificate.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified health insurance costs eligibility certificate' 
     means any written statement that an individual is an eligible 
     individual (as defined in section 35(c)) if such statement 
     provides such information as the Secretary may require for 
     purposes of this section and--
       ``(A) in the case of an eligible TAA recipient (as defined 
     in section 35(c)(2)) or an eligible alternative TAA recipient 
     (as defined in section 35(c)(3)), is certified by the 
     Secretary of Labor (or by any other person or entity 
     designated by the Secretary), or
       ``(B) in the case of an eligible PBGC pension recipient (as 
     defined in section 35(c)(4)), is certified by the Pension 
     Benefit Guaranty Corporation (or by any other person or 
     entity designated by the Secretary).

[[Page H1390]]

       ``(2) Inclusion of certain information.--In the case of any 
     statement described in paragraph (1) which is issued before 
     January 1, 2011, such statement shall not be treated as a 
     qualified health insurance costs credit eligibility 
     certificate unless such statement includes--
       ``(A) the name, address, and telephone number of the State 
     office or offices responsible for providing the individual 
     with assistance with enrollment in qualified health insurance 
     (as defined in section 35(e)),
       ``(B) a list of the coverage options that are treated as 
     qualified health insurance (as so defined) by the State in 
     which the individual resides, and
       ``(C) in the case of a TAA-eligible individual (as defined 
     in section 4980B(f)(5)(C)(iv)(II)), a statement informing the 
     individual that the individual has 63 days from the date that 
     is 7 days after the date of the issuance of such certificate 
     to enroll in such insurance without a lapse in creditable 
     coverage (as defined in section 9801(c)).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to certificates issued after the date that is 6 
     months after the date of the enactment of this Act.

     SEC. 1899I. SURVEY AND REPORT ON ENHANCED HEALTH COVERAGE TAX 
                   CREDIT PROGRAM.

       (a) Survey.--
       (1) In general.--The Secretary of the Treasury shall 
     conduct a biennial survey of eligible individuals (as defined 
     in section 35(c) of the Internal Revenue Code of 1986) 
     relating to the health coverage tax credit under section 35 
     of the Internal Revenue Code of 1986 (hereinafter in this 
     section referred to as the ``health coverage tax credit'').
       (2) Information obtained.--The survey conducted under 
     subsection (a) shall obtain the following information:
       (A) HCTC participants.--In the case of eligible individuals 
     receiving the health coverage tax credit (including 
     individuals participating in the health coverage tax credit 
     program under section 7527 of such Code, hereinafter in this 
     section referred to as the ``HCTC program'')--
       (i) demographic information of such individuals, including 
     income and education levels,
       (ii) satisfaction of such individuals with the enrollment 
     process in the HCTC program,
       (iii) satisfaction of such individuals with available 
     health coverage options under the credit, including level of 
     premiums, benefits, deductibles, cost-sharing requirements, 
     and the adequacy of provider networks, and
       (iv) any other information that the Secretary determines is 
     appropriate.
       (B) Non-HCTC participants.--In the case of eligible 
     individuals not receiving the health coverage tax credit--
       (i) demographic information of each individual, including 
     income and education levels,
       (ii) whether the individual was aware of the health 
     coverage tax credit or the HCTC program,
       (iii) the reasons the individual has not enrolled in the 
     HCTC program, including whether such reasons include the 
     burden of the process of enrollment and the affordability of 
     coverage,
       (iv) whether the individual has health insurance coverage, 
     and, if so, the source of such coverage, and
       (v) any other information that the Secretary determines is 
     appropriate.
       (3) Report.--Not later than December 31 of each year in 
     which a survey is conducted under paragraph (1) (beginning in 
     2010), the Secretary of the Treasury shall report to the 
     Committee on Finance and the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Ways 
     and Means, the Committee on Education and Labor, and the 
     Committee on Energy and Commerce of the House of 
     Representatives the findings of the most recent survey 
     conducted under paragraph (1).
       (b) Report.--Not later than October 1 of each year 
     (beginning in 2010), the Secretary of the Treasury (after 
     consultation with the Secretary of Health and Human Services, 
     and, in the case of the information required under paragraph 
     (7), the Secretary of Labor) shall report to the Committee on 
     Finance and the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Ways and Means, 
     the Committee on Education and Labor, and the Committee on 
     Energy and Commerce of the House of Representatives the 
     following information with respect to the most recent taxable 
     year ending before such date:
       (1) In each State and nationally--
       (A) the total number of eligible individuals (as defined in 
     section 35(c) of the Internal Revenue Code of 1986) and the 
     number of eligible individuals receiving the health coverage 
     tax credit,
       (B) the total number of such eligible individuals who 
     receive an advance payment of the health coverage tax credit 
     through the HCTC program,
       (C) the average length of the time period of the 
     participation of eligible individuals in the HCTC program, 
     and
       (D) the total number of participating eligible individuals 
     in the HCTC program who are enrolled in each category of 
     coverage as described in section 35(e)(1) of such Code,
     with respect to each category of eligible individuals 
     described in section 35(c)(1) of such Code.
       (2) In each State and nationally, an analysis of--
       (A) the range of monthly health insurance premiums, for 
     self-only coverage and for family coverage, for individuals 
     receiving the health coverage tax credit, and
       (B) the average and median monthly health insurance 
     premiums, for self-only coverage and for family coverage, for 
     individuals receiving the health coverage tax credit,
     with respect to each category of coverage as described in 
     section 35(e)(1) of such Code.
       (3) In each State and nationally, an analysis of the 
     following information with respect to the health insurance 
     coverage of individuals receiving the health coverage tax 
     credit who are enrolled in coverage described in 
     subparagraphs (B) through (H) of section 35(e)(1) of such 
     Code:
       (A) Deductible amounts.
       (B) Other out-of-pocket cost-sharing amounts.
       (C) A description of any annual or lifetime limits on 
     coverage or any other significant limits on coverage 
     services, or benefits.
     The information required under this paragraph shall be 
     reported with respect to each category of coverage described 
     in such subparagraphs.
       (4) In each State and nationally, the gender and average 
     age of eligible individuals (as defined in section 35(c) of 
     such Code) who receive the health coverage tax credit, in 
     each category of coverage described in section 35(e)(1) of 
     such Code, with respect to each category of eligible 
     individuals described in such section.
       (5) The steps taken by the Secretary of the Treasury to 
     increase the participation rates in the HCTC program among 
     eligible individuals, including outreach and enrollment 
     activities.
       (6) The cost of administering the HCTC program by function, 
     including the cost of subcontractors, and recommendations on 
     ways to reduce administrative costs, including recommended 
     statutory changes.
       (7) The number of States applying for and receiving 
     national emergency grants under section 173(f) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), the 
     activities funded by such grants on a State-by-State basis, 
     and the time necessary for application approval of such 
     grants.

     SEC. 1899J. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $80,000,000 for the 
     period of fiscal years 2009 through 2010 to implement the 
     amendments made by, and the provisions of, sections 1899 
     through 1899I of this part.

     SEC. 1899K. EXTENSION OF NATIONAL EMERGENCY GRANTS.

       (a) In General.--Section 173(f) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is 
     amended--
       (1) by striking paragraph (1) and inserting the following 
     new paragraph:
       ``(1) Use of funds.--
       ``(A) Health insurance coverage for eligible individuals in 
     order to obtain qualified health insurance that has 
     guaranteed issue and other consumer protections.--Funds made 
     available to a State or entity under paragraph (4)(A) of 
     subsection (a) may be used to provide an eligible individual 
     described in paragraph (4)(C) and such individual's 
     qualifying family members with health insurance coverage for 
     the 3-month period that immediately precedes the first 
     eligible coverage month (as defined in section 35(b) of the 
     Internal Revenue Code of 1986) in which such eligible 
     individual and such individual's qualifying family members 
     are covered by qualified health insurance that meets the 
     requirements described in clauses (i) through (v) of section 
     35(e)(2)(A) of the Internal Revenue Code of 1986 (or such 
     longer minimum period as is necessary in order for such 
     eligible individual and such individual's qualifying family 
     members to be covered by qualified health insurance that 
     meets such requirements).
       ``(B) Additional uses.--Funds made available to a State or 
     entity under paragraph (4)(A) of subsection (a) may be used 
     by the State or entity for the following:
       ``(i) Health insurance coverage.--To assist an eligible 
     individual and such individual's qualifying family members 
     with enrolling in health insurance coverage and qualified 
     health insurance or paying premiums for such coverage or 
     insurance.
       ``(ii) Administrative expenses and start-up expenses to 
     establish group health plan coverage options for qualified 
     health insurance.--To pay the administrative expenses related 
     to the enrollment of eligible individuals and such 
     individuals' qualifying family members in health insurance 
     coverage and qualified health insurance, including--

       ``(I) eligibility verification activities;
       ``(II) the notification of eligible individuals of 
     available health insurance and qualified health insurance 
     options;
       ``(III) processing qualified health insurance costs credit 
     eligibility certificates provided for under section 7527 of 
     the Internal Revenue Code of 1986;

       ``(IV) providing assistance to eligible individuals in 
     enrolling in health insurance coverage and qualified health 
     insurance;
       ``(V) the development or installation of necessary data 
     management systems; and
       ``(VI) any other expenses determined appropriate by the 
     Secretary, including start-up costs and on going 
     administrative expenses, in order for the State to treat the 
     coverage described in subparagraphs (C) through (H) of 
     section 35(e)(1) of the Internal Revenue Code of 1986 as 
     qualified health insurance under that section.

       ``(iii) Outreach.--To pay for outreach to eligible 
     individuals to inform such individuals of available health 
     insurance and qualified health insurance options, including 
     outreach consisting of notice to eligible individuals of such 
     options made available after the date of enactment of this 
     clause and direct assistance to help potentially eligible 
     individuals and such individual's qualifying family members 
     qualify and remain eligible for the credit established under 
     section 35 of the Internal Revenue Code of 1986 and advance 
     payment of such credit under section 7527 of such Code.
       ``(iv) Bridge funding.--To assist potentially eligible 
     individuals to purchase qualified health

[[Page H1391]]

     insurance coverage prior to issuance of a qualified health 
     insurance costs credit eligibility certificate under section 
     7527 of the Internal Revenue Code of 1986 and commencement of 
     advance payment, and receipt of expedited payment, under 
     subsections (a) and (e), respectively, of that section.
       ``(C) Rule of construction.--The inclusion of a permitted 
     use under this paragraph shall not be construed as 
     prohibiting a similar use of funds permitted under subsection 
     (g).''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) Qualified health insurance.--For purposes of this 
     subsection and subsection (g), the term `qualified health 
     insurance' has the meaning given that term in section 35(e) 
     of the Internal Revenue Code of 1986.''.
       (b) Funding.--Section 174(c)(1) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2919(c)(1)) is amended--
       (1) in the paragraph heading, by striking ``Authorization 
     and appropriation for fiscal year 2002'' and inserting 
     ``Appropriations''; and
       (2) by striking subparagraph (A) and inserting the 
     following new subparagraph:
       ``(A) to carry out subsection (a)(4)(A) of section 173--
       ``(i) $10,000,000 for fiscal year 2002; and
       ``(ii) $150,000,000 for the period of fiscal years 2009 
     through 2010; and''.

     SEC. 1899L. GAO STUDY AND REPORT.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study regarding the health insurance tax 
     credit allowed under section 35 of the Internal Revenue Code 
     of 1986.
       (b) Report.--Not later than March 1, 2010, the Comptroller 
     General shall submit a report to Congress regarding the 
     results of the study conducted under subsection (a). Such 
     report shall include an analysis of--
       (1) the administrative costs--
       (A) of the Federal Government with respect to such credit 
     and the advance payment of such credit under section 7527 of 
     such Code, and
       (B) of providers of qualified health insurance with respect 
     to providing such insurance to eligible individuals and their 
     qualifying family members,
       (2) the health status and relative risk status of eligible 
     individuals and qualifying family members covered under such 
     insurance,
       (3) participation in such credit and the advance payment of 
     such credit by eligible individuals and their qualifying 
     family members, including the reasons why such individuals 
     did or did not participate and the effect of the amendments 
     made by this part on such participation, and
       (4) the extent to which eligible individuals and their 
     qualifying family members--
       (A) obtained health insurance other than qualifying health 
     insurance, or
       (B) went without health insurance coverage.
       (c) Access to Records.--For purposes of conducting the 
     study required under this section, the Comptroller General 
     and any of his duly authorized representatives shall have 
     access to, and the right to examine and copy, all documents, 
     records, and other recorded information--
       (1) within the possession or control of providers of 
     qualified health insurance, and
       (2) determined by the Comptroller General (or any such 
     representative) to be relevant to the study.
     The Comptroller General shall not disclose the identity of 
     any provider of qualified health insurance or any eligible 
     individual in making any information obtained under this 
     section available to the public.
       (d) Definitions.--Any term which is defined in section 35 
     of the Internal Revenue Code of 1986 shall have the same 
     meaning when used in this section.

  TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

     SEC. 2000. SHORT TITLE; TABLE OF CONTENTS OF TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Assistance for Unemployed Workers and Struggling Families 
     Act''.
       (b) Table of Contents of Title.--The table of contents of 
     this title is as follows:

  TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

Sec. 2000. Short title; table of contents of title.

                   Subtitle A--Unemployment Insurance

Sec. 2001. Extension of emergency unemployment compensation program.
Sec. 2002. Increase in unemployment compensation benefits.
Sec. 2003. Special transfers for unemployment compensation 
              modernization.
Sec. 2004. Temporary assistance for states with advances.
Sec. 2005. Full Federal funding of extended unemployment compensation 
              for a limited period.
Sec. 2006. Temporary increase in extended unemployment benefits under 
              the Railroad Unemployment Insurance Act.

           Subtitle B--Assistance for Vulnerable Individuals

Sec. 2101. Emergency fund for TANF program.
Sec. 2102. Extension of TANF supplemental grants.
Sec. 2103. Clarification of authority of States to use TANF funds 
              carried over from prior years to provide TANF benefits 
              and services.
Sec. 2104. Temporary resumption of prior child support law.

     Subtitle C--Economic Recovery Payments to Certain Individuals

Sec. 2201. Economic recovery payment to recipients of social security, 
              supplemental security income, railroad retirement 
              benefits, and veterans disability compensation or pension 
              benefits.
Sec. 2202. Special credit for certain government retirees.

                   Subtitle A--Unemployment Insurance

     SEC. 2001. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note), as amended by section 4 of the Unemployment 
     Compensation Extension Act of 2008 (Public Law 110-449; 122 
     Stat. 5015), is amended--
       (1) by striking ``March 31, 2009'' each place it appears 
     and inserting ``December 31, 2009'';
       (2) in the heading for subsection (b)(2), by striking 
     ``march 31, 2009'' and inserting ``december 31, 2009''; and
       (3) in subsection (b)(3), by striking ``August 27, 2009'' 
     and inserting ``May 31, 2010''.
       (b) Financing Provisions.--Section 4004 of such Act is 
     amended by adding at the end the following:
       ``(e) Transfer of Funds.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury (from funds 
     not otherwise appropriated)--
       ``(1) to the extended unemployment compensation account (as 
     established by section 905 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary to 
     make payments to States under this title by reason of the 
     amendments made by section 2001(a) of the Assistance for 
     Unemployed Workers and Struggling Families Act; and
       ``(2) to the employment security administration account (as 
     established by section 901 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary for 
     purposes of assisting States in meeting administrative costs 
     by reason of the amendments referred to in paragraph (1).
     There are appropriated from the general fund of the Treasury, 
     without fiscal year limitation, the sums referred to in the 
     preceding sentence and such sums shall not be required to be 
     repaid.''.

     SEC. 2002. INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS.

       (a) Federal-State Agreements.--Any State which desires to 
     do so may enter into and participate in an agreement under 
     this section with the Secretary of Labor (hereinafter in this 
     section referred to as the ``Secretary''). Any State which is 
     a party to an agreement under this section may, upon 
     providing 30 days' written notice to the Secretary, terminate 
     such agreement.
       (b) Provisions of Agreement.--
       (1) Additional compensation.--Any agreement under this 
     section shall provide that the State agency of the State will 
     make payments of regular compensation to individuals in 
     amounts and to the extent that they would be determined if 
     the State law of the State were applied, with respect to any 
     week for which the individual is (disregarding this section) 
     otherwise entitled under the State law to receive regular 
     compensation, as if such State law had been modified in a 
     manner such that the amount of regular compensation 
     (including dependents' allowances) payable for any week shall 
     be equal to the amount determined under the State law (before 
     the application of this paragraph) plus an additional $25.
       (2) Allowable methods of payment.--Any additional 
     compensation provided for in accordance with paragraph (1) 
     shall be payable either--
       (A) as an amount which is paid at the same time and in the 
     same manner as any regular compensation otherwise payable for 
     the week involved; or
       (B) at the option of the State, by payments which are made 
     separately from, but on the same weekly basis as, any regular 
     compensation otherwise payable.
       (c) Nonreduction Rule.--An agreement under this section 
     shall not apply (or shall cease to apply) with respect to a 
     State upon a determination by the Secretary that the method 
     governing the computation of regular compensation under the 
     State law of that State has been modified in a manner such 
     that--
       (1) the average weekly benefit amount of regular 
     compensation which will be payable during the period of the 
     agreement (determined disregarding any additional amounts 
     attributable to the modification described in subsection 
     (b)(1)) will be less than
       (2) the average weekly benefit amount of regular 
     compensation which would otherwise have been payable during 
     such period under the State law, as in effect on December 31, 
     2008.
       (d) Payments to States.--
       (1) In general.--
       (A) Full reimbursement.--There shall be paid to each State 
     which has entered into an agreement under this section an 
     amount equal to 100 percent of--
       (i) the total amount of additional compensation (as 
     described in subsection (b)(1)) paid to individuals by the 
     State pursuant to such agreement; and
       (ii) any additional administrative expenses incurred by the 
     State by reason of such agreement (as determined by the 
     Secretary).
       (B) Terms of payments.--Sums payable to any State by reason 
     of such State's having an agreement under this section shall 
     be payable, either in advance or by way of reimbursement (as 
     determined by the Secretary), in such amounts as the 
     Secretary estimates the State will be entitled to receive 
     under this section for each calendar month, reduced or 
     increased, as the case may be, by any amount by which the 
     Secretary finds that his estimates for any prior calendar 
     month were greater or less than the

[[Page H1392]]

     amounts which should have been paid to the State. Such 
     estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       (2) Certifications.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this section.
       (3) Appropriation.--There are appropriated from the general 
     fund of the Treasury, without fiscal year limitation, such 
     sums as may be necessary for purposes of this subsection.
       (e) Applicability.--
       (1) In general.--An agreement entered into under this 
     section shall apply to weeks of unemployment--
       (A) beginning after the date on which such agreement is 
     entered into; and
       (B) ending before January 1, 2010.
       (2) Transition rule for individuals remaining entitled to 
     regular compensation as of january 1, 2010.--In the case of 
     any individual who, as of the date specified in paragraph 
     (1)(B), has not yet exhausted all rights to regular 
     compensation under the State law of a State with respect to a 
     benefit year that began before such date, additional 
     compensation (as described in subsection (b)(1)) shall 
     continue to be payable to such individual for any week 
     beginning on or after such date for which the individual is 
     otherwise eligible for regular compensation with respect to 
     such benefit year.
       (3) Termination.--Notwithstanding any other provision of 
     this subsection, no additional compensation (as described in 
     subsection (b)(1)) shall be payable for any week beginning 
     after June 30, 2010.
       (f) Fraud and Overpayments.--The provisions of section 4005 
     of the Supplemental Appropriations Act, 2008 (Public Law 110-
     252; 122 Stat. 2356) shall apply with respect to additional 
     compensation (as described in subsection (b)(1)) to the same 
     extent and in the same manner as in the case of emergency 
     unemployment compensation.
       (g) Application to Other Unemployment Benefits.--
       (1) In general.--Each agreement under this section shall 
     include provisions to provide that the purposes of the 
     preceding provisions of this section shall be applied with 
     respect to unemployment benefits described in subsection 
     (i)(3) to the same extent and in the same manner as if those 
     benefits were regular compensation.
       (2) Eligibility and termination rules.--Additional 
     compensation (as described in subsection (b)(1))--
       (A) shall not be payable, pursuant to this subsection, with 
     respect to any unemployment benefits described in subsection 
     (i)(3) for any week beginning on or after the date specified 
     in subsection (e)(1)(B), except in the case of an individual 
     who was eligible to receive additional compensation (as so 
     described) in connection with any regular compensation or any 
     unemployment benefits described in subsection (i)(3) for any 
     period of unemployment ending before such date; and
       (B) shall in no event be payable for any week beginning 
     after the date specified in subsection (e)(3).
       (h)  Disregard of Additional Compensation for Purposes of 
     Medicaid and SCHIP.--The monthly equivalent of any additional 
     compensation paid under this section shall be disregarded in 
     considering the amount of income of an individual for any 
     purposes under title XIX and title XXI of the Social Security 
     Act.
       (i) Definitions.--For purposes of this section--
       (1) the terms ``compensation'', ``regular compensation'', 
     ``benefit year'', ``State'', ``State agency'', ``State law'', 
     and ``week'' have the respective meanings given such terms 
     under section 205 of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note);
       (2) the term ``emergency unemployment compensation'' means 
     emergency unemployment compensation under title IV of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 
     122 Stat. 2353); and
       (3) any reference to unemployment benefits described in 
     this paragraph shall be considered to refer to--
       (A) extended compensation (as defined by section 205 of the 
     Federal-State Extended Unemployment Compensation Act of 
     1970); and
       (B) unemployment compensation (as defined by section 85(b) 
     of the Internal Revenue Code of 1986) provided under any 
     program administered by a State under an agreement with the 
     Secretary.

     SEC. 2003. SPECIAL TRANSFERS FOR UNEMPLOYMENT COMPENSATION 
                   MODERNIZATION.

       (a) In General.--Section 903 of the Social Security Act (42 
     U.S.C. 1103) is amended by adding at the end the following:

     ``Special Transfers in Fiscal Years 2009, 2010, and 2011 for 
                             Modernization

       ``(f)(1)(A) In addition to any other amounts, the Secretary 
     of Labor shall provide for the making of unemployment 
     compensation modernization incentive payments (hereinafter 
     `incentive payments') to the accounts of the States in the 
     Unemployment Trust Fund, by transfer from amounts reserved 
     for that purpose in the Federal unemployment account, in 
     accordance with succeeding provisions of this subsection.
       ``(B) The maximum incentive payment allowable under this 
     subsection with respect to any State shall, as determined by 
     the Secretary of Labor, be equal to the amount obtained by 
     multiplying $7,000,000,000 by the same ratio as would apply 
     under subsection (a)(2)(B) for purposes of determining such 
     State's share of any excess amount (as described in 
     subsection (a)(1)) that would have been subject to transfer 
     to State accounts, as of October 1, 2008, under the 
     provisions of subsection (a).
       ``(C) Of the maximum incentive payment determined under 
     subparagraph (B) with respect to a State--
       ``(i) one-third shall be transferred to the account of such 
     State upon a certification under paragraph (4)(B) that the 
     State law of such State meets the requirements of paragraph 
     (2); and
       ``(ii) the remainder shall be transferred to the account of 
     such State upon a certification under paragraph (4)(B) that 
     the State law of such State meets the requirements of 
     paragraph (3).
       ``(2) The State law of a State meets the requirements of 
     this paragraph if such State law--
       ``(A) uses a base period that includes the most recently 
     completed calendar quarter before the start of the benefit 
     year for purposes of determining eligibility for unemployment 
     compensation; or
       ``(B) provides that, in the case of an individual who would 
     not otherwise be eligible for unemployment compensation under 
     the State law because of the use of a base period that does 
     not include the most recently completed calendar quarter 
     before the start of the benefit year, eligibility shall be 
     determined using a base period that includes such calendar 
     quarter.
       ``(3) The State law of a State meets the requirements of 
     this paragraph if such State law includes provisions to carry 
     out at least 2 of the following subparagraphs:
       ``(A) An individual shall not be denied regular 
     unemployment compensation under any State law provisions 
     relating to availability for work, active search for work, or 
     refusal to accept work, solely because such individual is 
     seeking only part-time work (as defined by the Secretary of 
     Labor), except that the State law provisions carrying out 
     this subparagraph may exclude an individual if a majority of 
     the weeks of work in such individual's base period do not 
     include part-time work (as so defined).
       ``(B) An individual shall not be disqualified from regular 
     unemployment compensation for separating from employment if 
     that separation is for any compelling family reason. For 
     purposes of this subparagraph, the term `compelling family 
     reason' means the following:
       ``(i) Domestic violence, verified by such reasonable and 
     confidential documentation as the State law may require, 
     which causes the individual reasonably to believe that such 
     individual's continued employment would jeopardize the safety 
     of the individual or of any member of the individual's 
     immediate family (as defined by the Secretary of Labor).
       ``(ii) The illness or disability of a member of the 
     individual's immediate family (as those terms are defined by 
     the Secretary of Labor).
       ``(iii) The need for the individual to accompany such 
     individual's spouse--
       ``(I) to a place from which it is impractical for such 
     individual to commute; and
       ``(II) due to a change in location of the spouse's 
     employment.
       ``(C)(i) Weekly unemployment compensation is payable under 
     this subparagraph to any individual who is unemployed (as 
     determined under the State unemployment compensation law), 
     has exhausted all rights to regular unemployment compensation 
     under the State law, and is enrolled and making satisfactory 
     progress in a State-approved training program or in a job 
     training program authorized under the Workforce Investment 
     Act of 1998, except that such compensation is not required to 
     be paid to an individual who is receiving similar stipends or 
     other training allowances for non-training costs.
       ``(ii) Each State-approved training program or job training 
     program referred to in clause (i) shall prepare individuals 
     who have been separated from a declining occupation, or who 
     have been involuntarily and indefinitely separated from 
     employment as a result of a permanent reduction of operations 
     at the individual's place of employment, for entry into a 
     high-demand occupation.
       ``(iii) The amount of unemployment compensation payable 
     under this subparagraph to an individual for a week of 
     unemployment shall be equal to--
       ``(I) the individual's average weekly benefit amount 
     (including dependents' allowances) for the most recent 
     benefit year, less
       ``(II) any deductible income, as determined under State 
     law.
     The total amount of unemployment compensation payable under 
     this subparagraph to any individual shall be equal to at 
     least 26 times the individual's average weekly benefit amount 
     (including dependents' allowances) for the most recent 
     benefit year.
       ``(D) Dependents' allowances are provided, in the case of 
     any individual who is entitled to receive regular 
     unemployment compensation and who has any dependents (as 
     defined by State law), in an amount equal to at least $15 per 
     dependent per week, subject to any aggregate limitation on 
     such allowances which the State law may establish (but which 
     aggregate limitation on the total allowance for dependents 
     paid to an individual may not be less than $50 for each week 
     of unemployment or 50 percent of the individual's weekly 
     benefit amount for the benefit year, whichever is less), 
     except that a State law may provide for a reasonable 
     reduction in the amount of any such allowance for a week of 
     less than total unemployment.
       ``(4)(A) Any State seeking an incentive payment under this 
     subsection shall submit an application therefor at such time, 
     in such manner, and complete with such information as the 
     Secretary of Labor may within 60 days after the date of the 
     enactment of this subsection prescribe (whether by regulation 
     or otherwise), including information relating to compliance 
     with the requirements of paragraph (2) or (3), as well as how 
     the State intends to use the incentive payment to improve or 
     strengthen the State's unemployment compensation program. The 
     Secretary of Labor shall, within 30 days after receiving a 
     complete application, notify the State

[[Page H1393]]

     agency of the State of the Secretary's findings with respect 
     to the requirements of paragraph (2) or (3) (or both).
       ``(B)(i) If the Secretary of Labor finds that the State law 
     provisions (disregarding any State law provisions which are 
     not then currently in effect as permanent law or which are 
     subject to discontinuation) meet the requirements of 
     paragraph (2) or (3), as the case may be, the Secretary of 
     Labor shall thereupon make a certification to that effect to 
     the Secretary of the Treasury, together with a certification 
     as to the amount of the incentive payment to be transferred 
     to the State account pursuant to that finding. The Secretary 
     of the Treasury shall make the appropriate transfer within 7 
     days after receiving such certification.
       ``(ii) For purposes of clause (i), State law provisions 
     which are to take effect within 12 months after the date of 
     their certification under this subparagraph shall be 
     considered to be in effect as of the date of such 
     certification.
       ``(C)(i) No certification of compliance with the 
     requirements of paragraph (2) or (3) may be made with respect 
     to any State whose State law is not otherwise eligible for 
     certification under section 303 or approvable under section 
     3304 of the Federal Unemployment Tax Act.
       ``(ii) No certification of compliance with the requirements 
     of paragraph (3) may be made with respect to any State whose 
     State law is not in compliance with the requirements of 
     paragraph (2).
       ``(iii) No application under subparagraph (A) may be 
     considered if submitted before the date of the enactment of 
     this subsection or after the latest date necessary (as 
     specified by the Secretary of Labor) to ensure that all 
     incentive payments under this subsection are made before 
     October 1, 2011.
       ``(5)(A) Except as provided in subparagraph (B), any amount 
     transferred to the account of a State under this subsection 
     may be used by such State only in the payment of cash 
     benefits to individuals with respect to their unemployment 
     (including for dependents' allowances and for unemployment 
     compensation under paragraph (3)(C)), exclusive of expenses 
     of administration.
       ``(B) A State may, subject to the same conditions as set 
     forth in subsection (c)(2) (excluding subparagraph (B) 
     thereof, and deeming the reference to `subsections (a) and 
     (b)' in subparagraph (D) thereof to include this subsection), 
     use any amount transferred to the account of such State under 
     this subsection for the administration of its unemployment 
     compensation law and public employment offices.
       ``(6) Out of any money in the Federal unemployment account 
     not otherwise appropriated, the Secretary of the Treasury 
     shall reserve $7,000,000,000 for incentive payments under 
     this subsection. Any amount so reserved shall not be taken 
     into account for purposes of any determination under section 
     902, 910, or 1203 of the amount in the Federal unemployment 
     account as of any given time. Any amount so reserved for 
     which the Secretary of the Treasury has not received a 
     certification under paragraph (4)(B) by the deadline 
     described in paragraph (4)(C)(iii) shall, upon the close of 
     fiscal year 2011, become unrestricted as to use as part of 
     the Federal unemployment account.
       ``(7) For purposes of this subsection, the terms `benefit 
     year', `base period', and `week' have the respective meanings 
     given such terms under section 205 of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note).

       ``Special Transfer in Fiscal Year 2009 for Administration

       ``(g)(1) In addition to any other amounts, the Secretary of 
     the Treasury shall transfer from the employment security 
     administration account to the account of each State in the 
     Unemployment Trust Fund, within 30 days after the date of the 
     enactment of this subsection, the amount determined with 
     respect to such State under paragraph (2).
       ``(2) The amount to be transferred under this subsection to 
     a State account shall (as determined by the Secretary of 
     Labor and certified by such Secretary to the Secretary of the 
     Treasury) be equal to the amount obtained by multiplying 
     $500,000,000 by the same ratio as determined under subsection 
     (f)(1)(B) with respect to such State.
       ``(3) Any amount transferred to the account of a State as a 
     result of the enactment of this subsection may be used by the 
     State agency of such State only in the payment of expenses 
     incurred by it for--
       ``(A) the administration of the provisions of its State law 
     carrying out the purposes of subsection (f)(2) or any 
     subparagraph of subsection (f)(3);
       ``(B) improved outreach to individuals who might be 
     eligible for regular unemployment compensation by virtue of 
     any provisions of the State law which are described in 
     subparagraph (A);
       ``(C) the improvement of unemployment benefit and 
     unemployment tax operations, including responding to 
     increased demand for unemployment compensation; and
       ``(D) staff-assisted reemployment services for unemployment 
     compensation claimants.''.
       (b) Regulations.--The Secretary of Labor may prescribe any 
     regulations, operating instructions, or other guidance 
     necessary to carry out the amendment made by subsection (a).

     SEC. 2004. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.

       Section 1202(b) of the Social Security Act (42 U.S.C. 
     1322(b)) is amended by adding at the end the following new 
     paragraph:
       ``(10)(A) With respect to the period beginning on the date 
     of enactment of this paragraph and ending on December 31, 
     2010--
       ``(i) any interest payment otherwise due from a State under 
     this subsection during such period shall be deemed to have 
     been made by the State; and
       ``(ii) no interest shall accrue during such period on any 
     advance or advances made under section 1201 to a State.
       ``(B) The provisions of subparagraph (A) shall have no 
     effect on the requirement for interest payments under this 
     subsection after the period described in such subparagraph or 
     on the accrual of interest under this subsection after such 
     period.''.

     SEC. 2005. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT 
                   COMPENSATION FOR A LIMITED PERIOD.

       (a) In General.--In the case of sharable extended 
     compensation and sharable regular compensation paid for weeks 
     of unemployment beginning after the date of the enactment of 
     this section and before January 1, 2010, section 204(a)(1) of 
     the Federal-State Extended Unemployment Compensation Act of 
     1970 (26 U.S.C. 3304 note) shall be applied by substituting 
     ``100 percent of'' for ``one-half of''.
       (b) Special Rule.--At the option of a State, for any weeks 
     of unemployment beginning after the date of the enactment of 
     this section and before January 1, 2010, an individual's 
     eligibility period (as described in section 203(c) of the 
     Federal-State Extended Unemployment Compensation Act of 1970) 
     shall, for purposes of any determination of eligibility for 
     extended compensation under the State law of such State, be 
     considered to include any week which begins--
       (1) after the date as of which such individual exhausts all 
     rights to emergency unemployment compensation; and
       (2) during an extended benefit period that began on or 
     before the date described in paragraph (1).
       (c) Limited Extension.--In the case of an individual who 
     receives extended compensation with respect to 1 or more 
     weeks of unemployment beginning after the date of the 
     enactment of this Act and before January 1, 2010, the 
     provisions of subsections (a) and (b) shall, at the option of 
     a State, be applied by substituting ``ending before June 1, 
     2010'' for ``before January 1, 2010''.
       (d) Extension of Temporary Federal Matching for the First 
     Week of Extended Benefits for States With No Waiting Week.--
       (1) In general.--Section 5 of the Unemployment Compensation 
     Extension Act of 2008 (Public Law 110-449) is amended by 
     striking ``December 8, 2009'' and inserting ``May 30, 2010''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2008 (Public Law 
     110-449).
       (e) Definitions.--For purposes of this section--
       (1) the terms ``sharable extended compensation'' and 
     ``sharable regular compensation'' have the respective 
     meanings given such terms under section 204 of the Federal-
     State Extended Unemployment Compensation Act of 1970;
       (2) the terms ``extended compensation'', ``State'', ``State 
     law'', and ``week'' have the respective meanings given such 
     terms under section 205 of the Federal-State Extended 
     Unemployment Compensation Act of 1970;
       (3) the term ``emergency unemployment compensation'' means 
     benefits payable to individuals under title IV of the 
     Supplemental Appropriations Act, 2008 with respect to their 
     unemployment; and
       (4) the term ``extended benefit period'' means an extended 
     benefit period as determined in accordance with applicable 
     provisions of the Federal-State Extended Unemployment 
     Compensation Act of 1970.
       (f) Regulations.--The Secretary of Labor