[111th Congress Public Law 5]
[From the U.S. Government Printing Office]
[[Page 123 STAT. 115]]
Public Law 111-5
111th Congress
An Act
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. <<NOTE: Feb. 17,
2009 - [H.R. 1]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: American
Recovery and Reinvestment Act of 2009.>>
SECTION 1. <<NOTE: 26 USC 1 note.>> 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
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. <<NOTE: 26 USC 1 note.>> PURPOSES AND PRINCIPLES.
(a) Statement of Purposes.--The purposes of this Act include the
following:
[[Page 123 STAT. 116]]
(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. <<NOTE: 1 USC 1 note.>> 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
[[Page 123 STAT. 117]]
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
[[Page 123 STAT. 118]]
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, <<NOTE: Grants. Loans.>> 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
[[Page 123 STAT. 119]]
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, <<NOTE: Reports. Deadlines.>> 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 States' administrative expense
allocation: <<NOTE: Grants.>> 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 school 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.
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.
[[Page 123 STAT. 120]]
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Temporary Increase in Benefits Under the Supplemental
Nutrition Assistance Program. (a) <<NOTE: Puerto Rico. American
Samoa.>> Maximum Benefit Increase.--
(1) In general.--Beginning <<NOTE: Effective date.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Grants.>> as
provided for management and oversight, funds described in
paragraph (1) shall
[[Page 123 STAT. 121]]
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) <<NOTE: Effective dates.>> 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
[[Page 123 STAT. 122]]
in accordance with subparagraph (B) if the eligible
producers on the farm--
``(i) <<NOTE: Deadline.>> 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'.
[[Page 123 STAT. 123]]
``(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).''.
(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) <<NOTE: Deadline.>> 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
[[Page 123 STAT. 124]]
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.
[[Page 123 STAT. 125]]
``(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 <<NOTE: Deadline.>> 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.--
[[Page 123 STAT. 126]]
(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 <<NOTE: Deadline.>> 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 <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> 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
[[Page 123 STAT. 127]]
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 <<NOTE: Definition.>> 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: 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.
[[Page 123 STAT. 128]]
National Telecommunications and Information Administration
broadband technology opportunities program
For an amount for ``Broadband Technology Opportunities Program'',
$4,700,000,000: <<NOTE: Grants.>> 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: <<NOTE: Notification. Deadline.>> 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: <<NOTE: Applicability.>> 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: <<NOTE: Notification. Deadline.>> 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.
[[Page 123 STAT. 129]]
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 <<NOTE: Grants.>> 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).
[[Page 123 STAT. 130]]
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 Acts of 1968 (``1968
Act''), (except that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of the 1968 Act, shall not apply for purposes
of this Act).
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.
[[Page 123 STAT. 131]]
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 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.
[[Page 123 STAT. 132]]
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.
[[Page 123 STAT. 133]]
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.
[[Page 123 STAT. 134]]
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: <<NOTE: Deadlines. Reports.>> 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
[[Page 123 STAT. 135]]
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: <<NOTE: Deadlines. Reports.>> 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 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
[[Page 123 STAT. 136]]
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: <<NOTE: Deadlines. Reports.>> 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: <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Reports.>> any:
Provided further, That the Secretary of the Army shall submit a
quarterly report to the Committees on Appropriations
[[Page 123 STAT. 137]]
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 <<NOTE: Deadlines. Reports.>> 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.
[[Page 123 STAT. 138]]
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): <<NOTE: Grants.>> 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
[[Page 123 STAT. 139]]
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, 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.
[[Page 123 STAT. 140]]
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.
[[Page 123 STAT. 141]]
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. <<NOTE: 42 USC 16421a.>> 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 <<NOTE: Effective
date.>> 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. <<NOTE: Deadline.>> 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.--
[[Page 123 STAT. 142]]
``(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
[[Page 123 STAT. 143]]
process to develop practices and policies that implement the
authority granted by this section.
``(2) Requests for interest.--In <<NOTE: Notice. Federal
Register, publication.>> 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: <<NOTE: Reports. Deadline.>> 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:
``(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 <<NOTE: 42 USC
17384.>> 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.''.
[[Page 123 STAT. 144]]
(3) By inserting after section 1304(b)(3)(D) the following
new subparagraphs:
``(E) Availability of data.--
The <<NOTE: Clearinghouse.>> 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 <<NOTE: 42 USC
17384.>> 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 <<NOTE: 42 USC
17386.>> 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 <<NOTE: Deadline. Notice.>> 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.''.
[[Page 123 STAT. 145]]
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. <<NOTE: 42 USC 16516.>> 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''.
[[Page 123 STAT. 146]]
(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.). <<NOTE: Notification.>> The Secretary shall make grants
under this section in excess of the base allocation established for a
State under regulations issued pursuant to the
[[Page 123 STAT. 147]]
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) <<NOTE: Deadline.>> 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
[[Page 123 STAT. 148]]
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 <<NOTE: Waiver.>> 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 <<NOTE: Deadline. Expenditure plan.>> 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.
[[Page 123 STAT. 149]]
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: <<NOTE: Deadlines.>> 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 the Administrator of General Services is
authorized to initiate design, construction, repair, alteration, and
other projects through existing authorities of the
Administrator: <<NOTE: Plans. Deadlines. Notification.>> 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: <<NOTE: Reports. Deadlines.>> 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): <<NOTE: Deadline. Notification.>> Provided further, That amounts
provided under this heading that are savings or cannot be used for the
activity for which originally obligated may
[[Page 123 STAT. 150]]
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: <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Reports. Deadlines.>> 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 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: <<NOTE: Deadline. Expenditure
plan.>> 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.
[[Page 123 STAT. 151]]
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
[[Page 123 STAT. 152]]
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--
[[Page 123 STAT. 153]]
(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 <<NOTE: Applicability.>> 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.
[[Page 123 STAT. 154]]
(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) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> 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.
(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 <<NOTE: Reports. Deadlines.>> Administrator
shall submit a report to Congress not later than the third business day
of each month setting forth each of the following:
[[Page 123 STAT. 155]]
(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 <<NOTE: Deadlines.>> 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;
[[Page 123 STAT. 156]]
``(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
[[Page 123 STAT. 157]]
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) <<NOTE: Certification.>> 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) <<NOTE: Effective date.>> 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.
[[Page 123 STAT. 158]]
(k) Emergency Rulemaking Authority.--
The <<NOTE: Deadline.>> 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 411(a)(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 ``$5,000,000'';
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--
(1) by striking subsection (e) and inserting the following:
``(e) 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 reinbursement, 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
[[Page 123 STAT. 159]]
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 enactment of
this Act, the Administrator shall submit to Congress a report on the
results of the study required under subsection (d).
(f) <<NOTE: 15 USC 694a note.>> 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 establishedunder subsection (c).
(4) The term ``SBA secondary market'' meansthe 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.--
[[Page 123 STAT. 160]]
(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) <<NOTE: Regulations.>> 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 govern
ment 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.
[[Page 123 STAT. 161]]
(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,
deemsappropriate.
(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 Im poundment Control Act of 1974; 2 U.S.C. 661 and following).
(i) Emergency Rulemaking Authority.--
The <<NOTE: Deadline.>> Administrator shall promulgate regulations under
this section within 30 days after the date of enactment of enactment of
this section. In promulgating these regulations,the Administrator the
notice requirements of section 553(b) of title 5 of the United States
Code shall not apply.
[[Page 123 STAT. 162]]
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: <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Deadline. Expenditure plan.>> 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.
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: <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Deadline. Expenditure plan.>> 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.
[[Page 123 STAT. 163]]
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: <<NOTE: Deadline. Expenditure
plan.>> 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: <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Deadline. Expenditure
plan.>> 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.
[[Page 123 STAT. 164]]
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. <<NOTE: President. Panel.>> 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
[[Page 123 STAT. 165]]
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. <<NOTE: 6 USC 453b.>> (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
[[Page 123 STAT. 166]]
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) <<NOTE: Internet posting.>> 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 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.--
<<NOTE: Applicability.>> 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.
[[Page 123 STAT. 167]]
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.
[[Page 123 STAT. 168]]
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.
[[Page 123 STAT. 169]]
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, <<NOTE: Deadline.>> 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
[[Page 123 STAT. 170]]
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 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,
[[Page 123 STAT. 171]]
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
[[Page 123 STAT. 172]]
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, <<NOTE: Waiver authority.>> That matching
requirements under section 5(e) of such Act shall be waived.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. <<NOTE: Deadlines. Expenditure plan.>> (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) <<NOTE: Reports.>> 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. <<NOTE: Notification. Deadline.>> 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 <<NOTE: Grants.>> 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
[[Page 123 STAT. 173]]
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: <<NOTE: Applicability.>> 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, <<NOTE: Deadline.>> 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
[[Page 123 STAT. 174]]
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, <<NOTE: Procedures.>> 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, <<NOTE: Operating plan.>> 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
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: <<NOTE: Operating plan. Reports. Deadlines.>> 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.
[[Page 123 STAT. 175]]
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: <<NOTE: Operating
plan. Deadline.>> 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: <<NOTE: Reports. Deadlines.>> 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 <<NOTE: Grants. Contracts.>> 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
[[Page 123 STAT. 176]]
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, <<NOTE: Reports. Deadline.>> 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
[[Page 123 STAT. 177]]
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, <<NOTE: Contracts. Reports. Deadline.>> 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: <<NOTE: Publication.>> 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: <<NOTE: Public comment.>> 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, <<NOTE: Research and
development.>> That research conducted with funds appropriated under
this paragraph
[[Page 123 STAT. 178]]
shall be consistent with Departmental policies relating to the inclusion
of women and minorities in research: Provided
further, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Operating
plans. Deadlines.>> heading: Provided further, That the Secretary,
jointly with the Directors of the Agency for Healthcare Research and
Quality and the National Institutes of Health, shall provide the
Committees on Appropriations of the House of Representatives and the
Senate a fiscal year 2009 operating plan for the funds appropriated
under this heading prior to making any Federal obligations of such funds
in fiscal year 2009, but not later than July 30, 2009, and a fiscal year
2010 operating plan for such funds prior to making any Federal
obligations of such funds in fiscal year 2010, but not later than
November 1, 2009, that detail the type of research being conducted or
supported, including the priority conditions addressed; and specify the
allocation of resources within the Department of Health and Human
Services: Provided further, <<NOTE: Reports. Deadlines.>> 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
[[Page 123 STAT. 179]]
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: <<NOTE: Operating
plan. Deadline.>> Provided further, That funds available under this
heading shall become available for obligation only upon submission of an
annual operating plan by the Secretary
[[Page 123 STAT. 180]]
to the Committees on Appropriations of the House of Representatives and
the Senate: <<NOTE: Operating plans. Deadlines.>> 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: <<NOTE: Reports. Deadlines.>> 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: <<NOTE: Contracts. Evaluations. Deadline.>> Provided further,
[[Page 123 STAT. 181]]
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: <<NOTE: Reports. Deadline.>> 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, <<NOTE: Operating plan. Deadline.>> 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: <<NOTE: Reports. Deadlines.>> 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 <<NOTE: Grants.>> 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: <<NOTE: Deadline. Expenditures.>> 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: <<NOTE: Reports. Deadline.>> 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.
[[Page 123 STAT. 182]]
School Improvement <<NOTE: Grants.>> Programs
For an additional amount for ``School Improvement Programs'' to
carry out subpart 1, part D of title II of the Elementary and Secondary
Education Act of 1965 (``ESEA''), and subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act, $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, <<NOTE: Deadline.>> 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: <<NOTE: Deadline.>> 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, <<NOTE: Evaluation.>> 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: <<NOTE: Deadline. Grants.>> 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,
[[Page 123 STAT. 183]]
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 <<NOTE: Grants.>> 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 <<NOTE: 20 USC 1070a note.>> 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
[[Page 123 STAT. 184]]
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: <<NOTE: Operating plans. Deadlines.>> 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
[[Page 123 STAT. 185]]
November 1, 2009, that detail the allocation of resources and the
increased number of members supported by the AmeriCorps
programs: <<NOTE: Reports. Deadline.>> 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: <<NOTE: Notification.>> 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: <<NOTE: Notification. Deadline.>> 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 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
[[Page 123 STAT. 186]]
$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) <<NOTE: Deadline. Operating plan.>> 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. <<NOTE: 29 USC 206 note.>> REPORT ON THE IMPACT OF PAST AND
FUTURE MINIMUM WAGE INCREASES.
``(a) <<NOTE: Effective date.>> 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
[[Page 123 STAT. 187]]
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) <<NOTE: 29 USC 206 note.>> 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. <<NOTE: 42 USC 299b-8.>> 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.--
[[Page 123 STAT. 188]]
(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''). <<NOTE: Deadline.>> 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.
[[Page 123 STAT. 189]]
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 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
[[Page 123 STAT. 190]]
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 <<NOTE: Time
period.>> 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.
[[Page 123 STAT. 191]]
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. <<NOTE: Internet posting.>> 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
[[Page 123 STAT. 192]]
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, <<NOTE: Deadline. Expenditure plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Deadline. Expenditure
plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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.
[[Page 123 STAT. 193]]
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, <<NOTE: Deadline. Expenditure
plan.>> 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, <<NOTE: Deadline. Expenditure
plan.>> 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, <<NOTE: Deadline. Expenditure plan.>> 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, 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, <<NOTE: Deadline. Expenditure
plan.>> That within 30 days of enactment of this Act, the Secretary of
Defense shall submit to the Committees on Appropriations of both Houses
of
[[Page 123 STAT. 194]]
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, <<NOTE: Reports. Deadlines.>> 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;
[[Page 123 STAT. 195]]
``(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;
[[Page 123 STAT. 196]]
``(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
[[Page 123 STAT. 197]]
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
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
[[Page 123 STAT. 198]]
(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.
[[Page 123 STAT. 199]]
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 <<NOTE: Deadline. Expenditure plan.>> 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 <<NOTE: Deadline. Expenditure plan.>> 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 <<NOTE: Deadline. Expenditure plan.>> 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.
[[Page 123 STAT. 200]]
Administrative Provision
Sec. 1002. <<NOTE: 38 USC 107 note.>> 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.--
[[Page 123 STAT. 201]]
(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
(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,
[[Page 123 STAT. 202]]
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) <<NOTE: Applications. Instructions.>> 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: <<NOTE: Deadline. Spending plan.>> 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.
[[Page 123 STAT. 203]]
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: <<NOTE: Deadline. Spending plan.>> 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'': <<NOTE: Deadline. Spending plan.>> 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,
[[Page 123 STAT. 204]]
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: <<NOTE: Waiver authority.>> 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 <<NOTE: Publication. Criteria. Deadline.>> 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: <<NOTE: Applications. Deadlines.>> 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.
[[Page 123 STAT. 205]]
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 <<NOTE: Deadline. Procedures.>> 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: <<NOTE: Applicability.>> 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 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 <<NOTE: Deadlines.>> 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
[[Page 123 STAT. 206]]
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: <<NOTE: Deadline.>> 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, <<NOTE: Effective date.>> 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, <<NOTE: Effective date.>> 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 <<NOTE: Submission.>> 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
[[Page 123 STAT. 207]]
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)): <<NOTE: Grants.>> 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: <<NOTE: Effective
date. Redistribution authority.>> 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
[[Page 123 STAT. 208]]
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 highway safety construction programs set forth in any
Act: <<NOTE: Applicability.>> 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 <<NOTE: Grants.>> 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: <<NOTE: Deadline. Strategic plan.>> 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: <<NOTE: Deadline. Guidance.>> 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: <<NOTE: Waiver
authority.>> 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: <<NOTE: Compliance.>> 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: <<NOTE: Applicability.>> 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.
[[Page 123 STAT. 209]]
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), $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, <<NOTE: Deadline.>> That funds provided under this heading
shall be awarded not later than 30 days after the date of enactment of
this Act: Provided further, <<NOTE: Deadline.>> 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: <<NOTE: Certification.>> 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 <<NOTE: Grants.>> 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: <<NOTE: Deadline.>> 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, <<NOTE: Effective date.>> 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
[[Page 123 STAT. 210]]
redistributed under this proviso shall be utilized
promptly: <<NOTE: Effective date.>> 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: <<NOTE: Submission.>> 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: <<NOTE: Applicability.>> 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: <<NOTE: Applicability.>> 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 comingled 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 <<NOTE: Deadline.>> 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: <<NOTE: Effective date.>> Provided further, That 180 days following
the date of such apportionment, the Secretary shall
[[Page 123 STAT. 211]]
withdraw from each urbanized area an amount equal to 50 percent of the
funds apportioned to such urbanized area less the amount of funding
obligated, and the Secretary shall redistribute such 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: <<NOTE: Effective date.>> 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 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 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: <<NOTE: Submission.>> 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: <<NOTE: Applicability.>> 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: <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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: <<NOTE: Applicability.>> 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.
[[Page 123 STAT. 212]]
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: <<NOTE: Deadline.>> 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, <<NOTE: Audits. Investigations.>> 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, <<NOTE: Fraud.>> 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 <<NOTE: Deadline. Certification.>> 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. <<NOTE: Submission. Time period.>> As part of this
certification, the Governor 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.--
[[Page 123 STAT. 213]]
(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''
[[Page 123 STAT. 214]]
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: <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> further, That the Secretary shall obligate
competitive funding by September 30, 2009: Provided further,
That <<NOTE: Contracts.>> 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
[[Page 123 STAT. 215]]
shall serve to supplement and not supplant expenditures from other
Federal, State, or local sources or funds independently generated by
the <<NOTE: Deadlines.>> 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 <<NOTE: Waiver
authority.>> 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
[[Page 123 STAT. 216]]
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: <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> NAHASDA: Provided further, That the Secretary
shall obligate competitive funding by September 30, 2009: Provided
further, That in awarding competitive funds, the Secretary shall give
priority to projects that will spur construction and rehabilitation and
will create employment opportunities for low-income and
unemployed <<NOTE: Deadlines.>> 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.): <<NOTE: Waiver
authority.>> 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
[[Page 123 STAT. 217]]
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 <<NOTE: Requirements.>> 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 <<NOTE: Waiver authority.>> 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: <<NOTE: Deadlines.>> 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, <<NOTE: Award criteria.>> That additional award criteria for
such competitions shall include demonstrated grantee
[[Page 123 STAT. 218]]
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 <<NOTE: Publication. Criteria. Deadlines.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 5301
note.>> 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 <<NOTE: 42 USC 5301 note.>> 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 <<NOTE: Waiver
authority.>> 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 <<NOTE: Foreclosure. Notice. 42 USC
5301 note.>> 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
[[Page 123 STAT. 219]]
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 <<NOTE: Contracts.>> 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 <<NOTE: 42 USC 5301
note.>> 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) 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,
[[Page 123 STAT. 220]]
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 Fund''.
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: <<NOTE: Deadlines.>>
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
[[Page 123 STAT. 221]]
credit agency with respect to an award of low income housing credits
under section 42 of the IRC of <<NOTE: Contracts.>> 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 <<NOTE: Web site.>> 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 <<NOTE: Waiver
authority.>> 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, <<NOTE: Deadlines.>> That grantees shall expend at least 60
percent
[[Page 123 STAT. 222]]
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 <<NOTE: Waiver authority.>> 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 <<NOTE: Publication. Notice. Deadline. Effective
date.>> 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
[[Page 123 STAT. 223]]
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
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 <<NOTE: Waiver
authority.>> 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
[[Page 123 STAT. 224]]
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 <<NOTE: Plans. Strategy.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Waiver
authority.>> 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
[[Page 123 STAT. 225]]
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.
[[Page 123 STAT. 226]]
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 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 <<NOTE: Health Information Technology for Economic
and Clinical Health Act.>> INFORMATION TECHNOLOGY
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS OF TITLE.
(a) Short Title.--This <<NOTE: 42 USC 201 note.>> 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.
[[Page 123 STAT. 227]]
``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.
[[Page 123 STAT. 228]]
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. <<NOTE: 42 USC 300jj.>> 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,
[[Page 123 STAT. 229]]
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.
[[Page 123 STAT. 230]]
``Subtitle A--Promotion of Health Information Technology
``SEC. 3001. OFFICE <<NOTE: 42 USC 300jj-11.>> 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 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 <<NOTE: Reports. Deadline.>> 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
[[Page 123 STAT. 231]]
``(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
[[Page 123 STAT. 232]]
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
[[Page 123 STAT. 233]]
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 <<NOTE: Establishment.>> 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 <<NOTE: Deadline.>> later 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
[[Page 123 STAT. 234]]
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 <<NOTE: 42 USC 300jj-12.>> 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 <<NOTE: Recommen- dations.>> 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.
[[Page 123 STAT. 235]]
``(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
[[Page 123 STAT. 236]]
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 <<NOTE: Applicability.>> 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 <<NOTE: President.>> 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;
[[Page 123 STAT. 237]]
``(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 <<NOTE: Deadline.>> 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 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 <<NOTE: Federal Register, publication. Web
posting.>> 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
[[Page 123 STAT. 238]]
Technology of all policy recommendations made by the HIT Policy
Committee under this section.
``SEC. 3003. HIT <<NOTE: 42 USC 300jj-13.>> 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 <<NOTE: Recommen-
dations.>> 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 <<NOTE: Deadline.>> 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
[[Page 123 STAT. 239]]
section 3002. The <<NOTE: Deadline.>> HIT Standards Committee
shall update such schedule annually. The <<NOTE: Federal
Register, publication.>> 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 <<NOTE: Federal Register, publication. Web
posting.>> 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.
[[Page 123 STAT. 240]]
``SEC. 3004. PROCESS <<NOTE: 42 USC 300jj-14.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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 <<NOTE: Federal Register,
publication.>> 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 <<NOTE: Deadline.>> 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).
[[Page 123 STAT. 241]]
``SEC. 3005. APPLICATION <<NOTE: 42 USC 300jj-15.>> 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 <<NOTE: 42 USC 300jj-16.>> 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 <<NOTE: 42 USC 300jj-17.>> 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 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. <<NOTE: 42 USC 300jj-18.>> 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
[[Page 123 STAT. 242]]
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 <<NOTE: 42 USC 300jj-19.>> 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 <<NOTE: 42 USC 17901.>> 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
[[Page 123 STAT. 243]]
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 <<NOTE: 42 USC 17902.>> 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 <<NOTE: 42 USC 17903.>> 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.--
[[Page 123 STAT. 244]]
(1) In <<NOTE: Contracts.>> 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 <<NOTE: 42 USC 17911.>> 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
[[Page 123 STAT. 245]]
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 <<NOTE: 42 USC 17912.>> AND DEVELOPMENT PROGRAMS.
(a) Health Care Information Enterprise Integration Research
Centers.--
(1) In general.--The <<NOTE: Establishment.>> 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 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 <<NOTE: 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;
[[Page 123 STAT. 246]]
(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 <<NOTE: 42 USC 300jj-31.>> 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
[[Page 123 STAT. 247]]
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 <<NOTE: 42 USC 300jj-32.>> 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. <<NOTE: Consultation.>> 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 <<NOTE: Establishment.>> 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
[[Page 123 STAT. 248]]
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 123 STAT. 249]]
``(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 <<NOTE: Federal Register,
publication. Deadline.>> 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.
[[Page 123 STAT. 250]]
``(B) Procedures <<NOTE: Procedures.>> to be
followed by the applicants.
``(C) Criteria <<NOTE: 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 <<NOTE: 42 USC 300jj-33.>> 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
[[Page 123 STAT. 251]]
``(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;
[[Page 123 STAT. 252]]
``(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 <<NOTE: Deadline. Evaluation.>> 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 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.
[[Page 123 STAT. 253]]
``SEC. 3014. COMPETITIVE <<NOTE: 42 USC 300jj-34.>> 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 <<NOTE: Reports. Deadline.>> 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).
[[Page 123 STAT. 254]]
``(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
[[Page 123 STAT. 255]]
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 <<NOTE: Publication.>> 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
[[Page 123 STAT. 256]]
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 <<NOTE: 42 USC 300jj-35.>> 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 <<NOTE: Strategic plan.>> 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--
``(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.
[[Page 123 STAT. 257]]
``(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 <<NOTE: Publication.>> 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 <<NOTE: 42 USC 300jj-36.>> 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 <<NOTE: 42 USC 300jj-37.>> 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--
[[Page 123 STAT. 258]]
``(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 <<NOTE: Evaluation. Deadline.>> 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 <<NOTE: 42 USC 300jj-38.>> 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. <<NOTE: 42 USC 17921.>> 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.
[[Page 123 STAT. 259]]
(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.
[[Page 123 STAT. 260]]
PART 1--IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS
SEC. 13401. APPLICATION <<NOTE: 42 USC 17931.>> 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 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 <<NOTE: 42 USC 17932.>> 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
[[Page 123 STAT. 261]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Web posting.>> 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.
[[Page 123 STAT. 262]]
(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 <<NOTE: List.>> 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,
[[Page 123 STAT. 263]]
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 <<NOTE: Deadlines.>> 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. <<NOTE: Applicability.>> 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 <<NOTE: 42 USC 17933.>> ON HEALTH INFORMATION
PRIVACY.
(a) Regional Office Privacy Advisors.--
Not <<NOTE: Deadline. Designation.>> 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 <<NOTE: Deadline.>> 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.
[[Page 123 STAT. 264]]
SEC. 13404. APPLICATION <<NOTE: 42 USC 17934.>> 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 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 <<NOTE: 42 USC 17935.>> 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
[[Page 123 STAT. 265]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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
[[Page 123 STAT. 266]]
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 <<NOTE: Applicability.>> 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
[[Page 123 STAT. 267]]
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,