H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte [FULL COMMITTEE PRINT] 111TH CONGRESS 1ST SESSION H. R. ll 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. IN THE HOUSE OF REPRESENTATIVES Mr. OBEY, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘American Recovery 5 and Reinvestment Act of 2009’’. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 2 1 SEC. 2. TABLE OF CONTENTS. 2 The table of contents for this Act is as follows: TITLE I—GENERAL PROVISIONS TITLE II—AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT TITLE III—COMMERCE, JUSTICE, AND SCIENCE TITLE IV—DEFENSE TITLE V—ENERGY AND WATER TITLE VI—FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE VII—HOMELAND SECURITY TITLE VIII—INTERIOR AND ENVIRONMENT TITLE IX—LABOR, HEALTH AND HUMAN SERVICES, AND EDU CATION TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS TITLE XI—DEPARTMENT OF STATE TITLE XII—TRANSPORTATION, AND HOUSING AND URBAN DEVEL OPMENT TITLE XIII—STATE FISCAL STABILIZATION FUND 3 SEC. 3. STATEMENT OF APPROPRIATIONS. 4 The following sums in this Act are appropriated, out 5 of any money in the Treasury not otherwise appropriated, 6 for the fiscal year ending September 30, 2009, and for 7 other purposes. 8 TITLE I—GENERAL PROVISIONS 9 Subtitle A—Use of Funds 10 SEC. 1101. PURPOSES AND PRINCIPLES. 11 (a) STATEMENT OF PURPOSES.—The purposes of 12 this Act include the following: 13 (1) To preserve and create jobs and promote 14 economic recovery. 15 (2) To assist those most impacted by the reces16 sion. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 3 1 (3) To provide investments needed to increase 2 economic efficiency by spurring technological ad 3 vances in science and health. 4 (4) To invest in transportation, environmental 5 protection, and other infrastructure that will provide 6 long-term economic benefits. 7 (5) To stabilize State and local government 8 budgets, in order to minimize and avoid reductions 9 in essential services and counterproductive state and 10 local tax increases. 11 (b) GENERAL PRINCIPLES CONCERNING USE OF 12 FUNDS.—The President and the heads of Federal depart13 ments and agencies shall manage and expend the funds 14 made available in this Act so as to achieve the purposes 15 specified in subsection (a), including commencing expendi16 tures and activities as quickly as possible consistent with 17 prudent management. 18 SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES. 19 In using funds made available in this Act for infra20 structure investment, recipients shall give preference to 21 activities that can be started and completed expeditiously, 22 including a goal of using at least 50 percent of the funds 23 for activities that can be initiated not later than 120 days 24 after the date of the enactment of this Act. Recipients l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 4 1 shall also use grant funds in a manner that maximizes 2 job creation and economic benefit. 3 SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS. 4 (a) FORMULA GRANTS.—Formula grants using funds made available in this Act shall be awarded not later than 6 30 days after the date of the enactment of this Act (or, 7 in the case of appropriations not available upon enact8 ment, not later than 30 days after the appropriation be9 comes available for obligation), unless expressly provided otherwise in this Act. 11 (b) COMPETITIVE GRANTS.—Competitive grants 12 using funds made available in this Act shall be awarded 13 not later than 90 days after the date of the enactment 14 of this Act (or, in the case of appropriations not available upon enactment, not later than 90 days after the appro16 priation becomes available for obligation), unless expressly 17 provided otherwise in this Act. 18 (c) ADDITIONAL PERIOD FOR NEW PROGRAMS.—The 19 time limits specified in subsections (a) and (b) may each be extended by up to 30 days in the case of grants for 21 which funding was not provided in fiscal year 2008. 22 SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANT23 EES. 24 (a) DEADLINE FOR BINDING COMMITMENTS.—Each recipient of a grant made using amounts made available l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 5 1 in this Act in any account listed in subsection (c) shall 2 enter into contracts or other binding commitments not 3 later than 1 year after the date of the enactment of this 4 Act (or not later than 9 months after the grant is awarded, if later) to make use of 50 percent of the funds award6 ed, and shall enter into contracts or other binding commit7 ments not later than 2 years after the date of the enact8 ment of this Act (or not later than 21 months after the 9 grant is awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly 11 by a grant recipient (rather than by contracts, subgrants, 12 or other arrangements with third parties), a certification 13 by the recipient specifying the amounts, planned timing, 14 and purpose of such expenditures shall be deemed a binding commitment for purposes of this section. 16 (b) REDISTRIBUTION OF UNCOMMITTED FUNDS.— 17 The head of the Federal department or agency involved 18 shall recover or deobligate any grant funds not committed 19 in accordance with subsection (a), and redistribute such funds to other recipients eligible under the grant program 21 and able to make use of such funds in a timely manner 22 (including binding commitments within 120 days after the 23 reallocation). 24 (c) APPROPRIATIONS TO WHICH THIS SECTION AP- PLIES.—This section shall apply to grants made using l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 6 1 amounts appropriated in any of the following accounts 2 within this Act: 3 (1) ‘‘Environmental Protection Agency—State 4 and Tribal Assistance Grants’’. 5 (2) ‘‘Department of Transportation—Federal 6 Aviation Administration—Grants-in-Aid for Air7 ports’’. 8 (3) ‘‘Department of Transportation—Federal 9 Railroad Administration—Capital Assistance for 10 Intercity Passenger Rail Service’’. 11 (4) ‘‘Department of Transportation—Federal 12 Transit Administration—Capital Investment 13 Grants’’. 14 (5) ‘‘Department of Transportation—Federal 15 Transit Administration—Fixed Guideway Infra16 structure Investment’’. 17 (6) ‘‘Department of Transportation—Federal 18 Transit Administration—Transit Capital Assist19 ance’’. 20 (7) ‘‘Department of Housing and Urban Devel21 opment—Public and Indian Housing—Public Hous 22 ing Capital Fund’’. 23 (8) ‘‘Department of Housing and Urban Devel 24 opment—Public and Indian Housing—Elderly, Dis- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 7 1 abled, and Section 8 Assisted Housing Energy Ret 2 rofit’’. 3 (9) ‘‘Department of Housing and Urban Devel 4 opment—Public and Indian Housing—Native American Housing Block Grants’’. 6 (10) ‘‘Department of Housing and Urban De7 velopment—Community Planning and Develop8 ment—HOME Investment Partnerships Program’’. 9 (11) ‘‘Department of Housing and Urban De- velopment—Community Planning and Develop11 ment—Self-Help and Assisted Homeownership Op12 portunity Program’’. 13 SEC. 1105. PERIOD OF AVAILABILITY. 14 (a) IN GENERAL.—All funds appropriated in this Act shall remain available for obligation until September 30, 16 2010, unless expressly provided otherwise in this Act. 17 (b) REOBLIGATION.—Amounts that are not needed 18 or cannot be used for the activity for which originally obli19 gated may be deobligated and, notwithstanding the limitation on availability specified in subsection (a), reobligated 21 for other activities that have received funding from the 22 same account or appropriation in this Act. 23 SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT. 24 Unless other provision is made in this Act (or in other applicable law) for such expenses, up to 0.5 percent of l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 8 1 each amount appropriated in this Act may be used for the 2 expenses of management and oversight of the programs, 3 grants, and activities funded by such appropriation, and 4 may be transferred by the head of the Federal department or agency involved to any other appropriate account within 6 the department or agency for that purpose. Funds set 7 aside under this section shall remain available for obliga 8 tion until September 30, 2012. 9 SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL. In addition to funds otherwise made available in this 11 Act, there are hereby appropriated the following sums to 12 the specified Offices of Inspector General, to remain avail13 able until September 30, 2013, for oversight and audit of 14 programs, grants, and projects funded under this Act: (1) ‘‘Department of Agriculture—Office of In16 spector General’’, $22,500,000. 17 (2) ‘‘Department of Commerce—Office of In18 spector General’’, $10,000,000. 19 (3) ‘‘Department of Defense—Office of the Inspector General’’, $15,000,000. 21 (4) ‘‘Department of Education—Departmental 22 Management—Office of the Inspector General’’, 23 $14,000,000. 24 (5) ‘‘Department of Energy—Office of Inspector General’’, $15,000,000. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 9 1 (6) ‘‘Department of Health and Human Serv 2 ices—Office of the Secretary—Office of Inspector 3 General’’, $19,000,000. 4 (7) ‘‘Department of Homeland Security—Office 5 of Inspector General’’, $2,000,000. 6 (8) ‘‘Department of Housing and Urban Devel7 opment—Management and Administration—Office 8 of Inspector General’’, $15,000,000. 9 (9) ‘‘Department of the Interior—Office of In10 spector General’’, $15,000,000. 11 (10) ‘‘Department of Justice—Office of Inspec12 tor General’’, $2,000,000. 13 (11) ‘‘Department of Labor—Departmental 14 Management—Office of Inspector General’’, 15 $6,000,000. 16 (12) ‘‘Department of Transportation—Office of 17 Inspector General’’, $20,000,000. 18 (13) ‘‘Department of Veterans Affairs—Office 19 of Inspector General’’, $1,000,000. 20 (14) ‘‘Environmental Protection Agency—Office 21 of Inspector General’’, $20,000,000. 22 (15) ‘‘General Services Administration—Gen23 eral Activities—Office of Inspector General’’, 24 $15,000,000. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 10 1 (16) ‘‘National Aeronautics and Space Adminis 2 tration—Office of Inspector General’’, $2,000,000. 3 (17) ‘‘National Science Foundation—Office of 4 Inspector General’’, $2,000,000. (18) ‘‘Small Business Administration—Office of 6 Inspector General’’, $10,000,000. 7 (19) ‘‘Social Security Administration—Office of 8 Inspector General’’, $2,000,000. 9 (20) ‘‘Corporation for National and Community Service—Office of Inspector General’’, $1,000,000. 11 SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNT12 ABILITY OFFICE. 13 There is hereby appropriated as an additional amount 14 for ‘‘Government Accountability Office—Salaries and Expenses’’ $25,000,000, for oversight activities relating to 16 this Act. 17 SEC. 1109. PROHIBITED USES. 18 None of the funds appropriated or otherwise made 19 available in this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or 21 swimming pool. 22 SEC. 1110. RELATIONSHIP TO OTHER APPROPRIATIONS. 23 Each amount appropriated or made available in this 24 Act is in addition to amounts otherwise appropriated for the fiscal year involved. Enactment of this Act shall have l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 11 1 no effect on the availability of amounts under the Con2 tinuing Appropriations Resolution, 2009 (division A of 3 Public Law 110-329). 4 SEC. 1111. EMERGENCY DESIGNATION. 5 Each amount in this Act is designated as an emer6 gency requirement and necessary to meet emergency needs 7 pursuant to section 204(a) of S. Con. Res. 21 (110th Con8 gress) and section 301(b)(2) of S. Con. Res. 70 (110th 9 Congress), the concurrent resolutions on the budget for 10 fiscal years 2008 and 2009. 11 Subtitle B—Accountability in 12 Recovery Act Spending 13 PART 1—TRANSPARENCY AND OVERSIGHT 14 REQUIREMENTS 15 SEC. 1201. TRANSPARENCY REQUIREMENTS. 16 (a) REQUIREMENTS FOR FEDERAL AGENCIES.— 17 Each Federal agency shall publish on the website Recov18 ery.gov (as established under section 1226 of this sub19 title)— 20 (1) a plan for using funds made available in 21 this Act to the agency; and 22 (2) all announcements for grant competitions, 23 allocations of formula grants, and awards of com 24 petitive grants using those funds. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 12 1 (b) REQUIREMENTS FOR FEDERAL, STATE, AND 2 LOCAL GOVERNMENT AGENCIES.— 3 (1) INFRASTRUCTURE INVESTMENT FUND 4 ING.—With respect to funds made available under this Act for infrastructure investments to Federal, 6 State, or local government agencies, the following re7 quirements apply: 8 (A) Each such agency shall notify the pub9 lic of funds obligated to particular infrastructure investments by posting the notification on 11 the website Recovery.gov. 12 (B) The notification required by subpara13 graph (A) shall include the following: 14 (i) A description of the infrastructure investment funded. 16 (ii) The purpose of the infrastructure 17 investment. 18 (iii) The total cost of the infrastruc19 ture investment. (iv) The rationale of the agency for 21 funding the infrastructure investment with 22 funds made available under this Act. 23 (v) The name of the person to contact 24 at the agency if there are concerns with the infrastructure investment and, with re- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 13 1 spect to Federal agencies, an email address 2 for the Federal official in the agency whom 3 the public can contact. 4 (vi) In the case of State or local agencies, a certification from the Governor, 6 mayor, or other chief executive, as appro7 priate, that the infrastructure investment 8 has received the full review and vetting re9 quired by law and that the chief executive accepts responsibility that the infrastruc11 ture investment is an appropriate use of 12 taxpayer dollars. A State or local agency 13 may not receive infrastructure investment 14 funding from funds made available in this Act unless this certification is made. 16 (2) OPERATIONAL FUNDING.—With respect to 17 funds made available under this Act in the form of 18 grants for operational purposes to State or local gov19 ernment agencies or other organizations, the agency or organization shall publish on the website Recov 21 ery.gov a description of the intended use of the 22 funds, including the number of jobs sustained or cre23 ated. 24 (c) AVAILABILITY ON INTERNET OF CONTRACTS AND GRANTS.—Each contract awarded or grant issued using l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 14 1 funds made available in this Act shall be posted on the 2 Internet and linked to the website Recovery.gov. Propri3 etary data that is required to be kept confidential under 4 applicable Federal or State law or regulation shall be redacted before posting. 6 SEC. 1202. INSPECTOR GENERAL REVIEWS. 7 (a) REVIEWS.—Any inspector general of a Federal 8 department or executive agency shall review, as appro9 priate, any concerns raised by the public about specific investments using funds made available in this Act. Any 11 findings of an inspector general resulting from such a re12 view shall be relayed immediately to the head of each de13 partment and agency. In addition, the findings of such re14 views, along with any audits conducted by any inspector general of funds made available in this Act, shall be posted 16 on the Internet and linked to the website Recovery.gov. 17 (b) EXAMINATION OF RECORDS.—The Inspector 18 General of the agency concerned may examine any records 19 related to obligations of funds made available in this Act. SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE RE 21 VIEWS AND REPORTS. 22 (a) REVIEWS AND REPORTS.—The Comptroller Gen23 eral of the United States shall conduct bimonthly reviews 24 and prepare reports on such reviews on the use by selected States and localities of funds made available in this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 15 1 Such reports, along with any audits conducted by the 2 Comptroller General of such funds, shall be posted on the 3 Internet and linked to the website Recovery.gov. 4 (b) EXAMINATION OF RECORDS.—The Comptroller 5 General may examine any records related to obligations 6 of funds made available in this Act. 7 SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS. 8 The Chairman of the Council of Economic Advisers, 9 in consultation with the Director of the Office of Manage10 ment and Budget and the Secretary of the Treasury, shall 11 submit quarterly reports to Congress detailing the esti12 mated impact of programs under this Act on employment, 13 economic growth, and other key economic indicators. 14 SEC. 1205. SPECIAL CONTRACTING PROVISIONS. 15 The Federal Acquisition Regulation shall apply to 16 contracts awarded with funds made available in this Act. 17 To the maximum extent possible, such contracts shall be 18 awarded as fixed-price contracts through the use of com19 petitive procedures. Existing contracts so awarded may be 20 utilized in order to obligate such funds expeditiously. Any 21 contract awarded with such funds that is not fixed-price 22 and not awarded using competitive procedures shall be 23 posted in a special section of the website Recovery.gov. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 16 PART 2—ACCOUNTABILITY AND TRANSPARENCY BOARD SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND TRANSPARENCY BOARD. There is established a board to be known as the ‘‘Recovery Act Accountability and Transparency Board’’ (hereafter in this subtitle referred to as the ‘‘Board’’) to coordinate and conduct oversight of Federal spending under this Act to prevent waste, fraud, and abuse. SEC. 1222. COMPOSITION OF BOARD. (a) MEMBERSHIP.—The Board shall be composed of seven members as follows: (1) The Chief Performance Officer of the President, who shall chair the Board. (2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act. (b) TERMS.—Each member of the Board shall serve for a term to be determined by the President. SEC. 1223. FUNCTIONS OF THE BOARD. (a) OVERSIGHT.—The Board shall coordinate and conduct oversight of spending under this Act to prevent waste, fraud, and abuse. In addition to responsibilities set l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 17 1 forth in this subtitle, the responsibilities of the Board shall 2 include the following: 3 (1) Ensuring that the reporting of information 4 regarding contract and grants under this Act meets applicable standards and specifies the purpose of the 6 contract or grant and measures of performance. 7 (2) Verifying that competition requirements ap8 plicable to contracts and grants under this Act and 9 other applicable Federal law have been satisfied. (3) Investigating spending under this Act to de11 termine whether wasteful spending, poor contract or 12 grant management, or other abuses are occurring. 13 (4) Reviewing whether there are sufficient 14 qualified acquisition and grant personnel overseeing spending under the this Act. 16 (5) Reviewing whether acquisition and grant 17 personnel receive adequate training and whether 18 there are appropriate mechanisms for interagency 19 collaboration. (b) REPORTS.— 21 (1) FLASH AND OTHER REPORTS.—The Board 22 shall submit to Congress reports, to be known as 23 ‘‘flash reports’’, on potential management and fund 24 ing problems that require immediate attention. The Board also shall submit to Congress such other re- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 18 1 ports as the Board considers appropriate on the use 2 and benefits of funds made available in this Act. 3 (2) QUARTERLY.—The Board shall submit to 4 the President and Congress quarterly reports summarizing its findings and the findings of agency in6 spectors general and may issue additional reports as 7 appropriate. 8 (3) ANNUALLY.—On an annual basis, the 9 Board shall prepare a consolidated report on the use of funds under this Act. All reports shall be publicly 11 available and shall be posted on the Internet website 12 Recovery.gov, except that portions of reports may be 13 redacted if the portions would disclose information 14 that is protected from public disclosure under section 552 of title 5, United States Code (popularly 16 known as the Freedom of Information Act). 17 (c) RECOMMENDATIONS TO AGENCIES.—The Board 18 shall make recommendations to Federal agencies on meas19 ures to prevent waste, fraud, and abuse. A Federal agency shall, within 30 days after receipt of any such rec21 ommendation, submit to the Board, the President, and the 22 congressional committees of jurisdiction a report on 23 whether the agency agrees or disagrees with the rec24 ommendations and what steps, if any, the agency plans to take to implement the recommendations. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 19 SEC. 1224. POWERS OF THE BOARD. (a) COORDINATION OF AUDITS AND INVESTIGATIONS BY AGENCY INSPECTORS GENERAL.—The Board shall coordinate the audits and investigations of spending under this Act by agency inspectors general. (b) CONDUCT OF REVIEWS BY BOARD.—The Board may conduct reviews of spending under this Act and may collaborate on such reviews with any inspector general. (c) MEETINGS.—The Board may, for the purpose of carrying out its duties under this Act, hold public meetings, sit and act at times and places, and receive information as the Board considers appropriate. The Board shall meet at least once a month. (d) OBTAINING OFFICIAL DATA.—The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the Chairman of the Board, the head of that department or agency shall furnish that information to the Board. (e) CONTRACTS.—The Board may enter into contracts to enable the Board to discharge its duties under this Act. SEC. 1225. STAFFING. (a) EXECUTIVE DIRECTOR.—The Chairman of the Board may appoint and fix the compensation of an executive director and other personnel as may be required to l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 20 1 carry out the functions of the Board. The Director shall 2 be paid at the rate of basic pay for level IV of the Execu3 tive Schedule. 4 (b) STAFF OF FEDERAL AGENCIES.—Upon request of the Board, the head of any Federal department or agen6 cy may detail any Federal official or employee, including 7 officials and employees of offices of inspector general, to 8 the Board without reimbursement from the Board, and 9 such detailed staff shall retain the rights, status, and privileges of his or her regular employment without inter11 ruption. 12 (c) OFFICE SPACE.—Office space shall be provided 13 to the Board within the Executive Office of the President. 14 SEC. 1226. RECOVERY.GOV. (a) REQUIREMENT TO ESTABLISH WEBSITE.—The 16 Board shall establish and maintain a website on the Inter17 net to be named Recovery.gov, to foster greater account18 ability and transparency in the use of funds made avail19 able in this Act. (b) PURPOSE.—Recovery.gov shall be a portal or 21 gateway to key information related to this Act and provide 22 a window to other Government websites with related infor23 mation. 24 (c) MATTERS COVERED.—In establishing the website Recovery.gov, the Board shall ensure the following: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 21 1 (1) The website shall provide materials explain 2 ing what this Act means for citizens. The materials 3 shall be easy to understand and regularly updated. 4 (2) The website shall provide accountability information, including a database of findings from au6 dits, inspectors general, and the Government Ac7 countability Office. 8 (3) The website shall provide data on relevant 9 economic, financial, grant, and contract information in user-friendly visual presentations to enhance pub11 lic awareness of the use funds made available in this 12 Act. 13 (4) The website shall provide detailed data on 14 contracts awarded by the Government for purposes of carrying out this Act, including information about 16 the competitiveness of the contracting process, noti17 fication of solicitations for contracts to be awarded, 18 and information about the process that was used for 19 the award of contracts. (5) The website shall include printable reports 21 on funds made available in this Act obligated by 22 month to each State and congressional district. 23 (6) The website shall provide a means for the 24 public to give feedback on the performance of contracts awarded for purposes of carrying out this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 22 1 (7) The website shall be enhanced and updated 2 as necessary to carry out the purposes of this sub3 title. 4 SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF IN5 SPECTORS GENERAL. 6 Inspectors general shall retain independent authority 7 to determine whether to conduct an audit or investigation 8 of spending under this Act. If the Board requests that 9 an inspector general conduct or refrain from conducting 10 an audit or investigation and the inspector general rejects 11 the request in whole or in part, the inspector general shall, 12 within 30 days after receipt of the request, submit to the 13 Board, the agency head, and the congressional committees 14 of jurisdiction a report explaining why the inspector gen15 eral has rejected the request in whole or in part. 16 SEC. 1228. COORDINATION WITH THE COMPTROLLER GEN17 ERAL AND STATE AUDITORS. 18 The Board shall coordinate its oversight activities 19 with the Comptroller General of the United States and 20 State auditor generals. 21 SEC. 1229. INDEPENDENT ADVISORY PANEL. 22 (a) ESTABLISHMENT.—There is established a panel 23 to be known as the ‘‘Independent Advisory Panel’’ to ad24 vise the Board. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 23 1 (b) MEMBERSHIP.—The Panel shall be composed of 2 five members appointed by the President from among indi3 viduals with expertise in economics, public finance, con4 tracting, accounting, or other relevant fields. 5 (c) FUNCTIONS.—The Panel shall make rec6 ommendations to the Board on actions the Board could 7 take to prevent waste, fraud, and abuse in Federal spend8 ing under this Act. 9 (d) TRAVEL EXPENSES.—Each member of the Panel 10 shall receive travel expenses, including per diem in lieu 11 of subsistence, in accordance with applicable provisions 12 under subchapter I of chapter 57 of title 5, United States 13 Code. 14 SEC. 1230. FUNDING. 15 There is hereby appropriated to the Board 16 $14,000,000 to carry out this subtitle. 17 SEC. 1231. BOARD TERMINATION. 18 The Board shall terminate 12 months after 90 per19 cent of the funds made available under this Act have been 20 expended, as determined by the Director of the Office of 21 Management and Budget. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 24 1 PART 3—ADDITIONAL ACCOUNTABILITY AND 2 TRANSPARENCY PROVISIONS 3 SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NON4 COMPETITIVE CONTRACTS. 5 No contract entered into using funds made available 6 in this Act pursuant to the authority provided in section 7 303(c)(2) of the Federal Property and Administrative 8 Services Act of 1949 (41 U.S.C. 253(c)(2)) that is for an 9 amount greater than the simplified acquisition threshold 10 (as defined in section 4(11) of the Office of Federal Pro11 curement Policy Act (41 U.S.C. (4)(11))— 12 (1) may exceed the time necessary— 13 (A) to meet the unusual and compelling re14 quirements of the work to be performed under 15 the contract; and 16 (B) for the executive agency to enter into 17 another contract for the required goods or serv18 ices through the use of competitive procedures; 19 and 20 (2) may exceed one year unless the head of the 21 executive agency entering into such contract deter 22 mines that exceptional circumstances apply. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 25 SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OF FICE AND OFFICES OF INSPECTOR GENERAL TO CERTAIN EMPLOYEES. (a) ACCESS.—Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives, and any representatives of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), are authorized— (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 current employee 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 or an Inspector General. SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS. (a) PROHIBITION OF REPRISALS.—An employee of any non-Federal employer receiving funds made available in this Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 26 1 Board, an inspector general, the Comptroller General, a 2 member of Congress, or a Federal agency head, or their 3 representatives, information that the employee reasonably 4 believes is evidence of— 5 (1) gross mismanagement of an executive agen6 cy contract or grant; 7 (2) a gross waste of executive agency funds; 8 (3) a substantial and specific danger to public 9 health or safety; or 10 (4) a violation of law related to an executive 11 agency contract (including the competition for or ne12 gotiation of a contract) or grant awarded or issued 13 to carry out this Act. 14 (b) INVESTIGATION OF COMPLAINTS.— 15 (1) A person who believes that the person has 16 been subjected to a reprisal prohibited by subsection 17 (a) may submit a complaint to the inspector general 18 of the executive agency that awarded the contract or 19 issued the grant. Unless the inspector general deter20 mines that the complaint is frivolous, the inspector 21 general shall investigate the complaint and, upon 22 completion of such investigation, submit a report of 23 the findings of the investigation to the person, the 24 person’s employer, the head of the Federal agency l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 27 1 that awarded the contract or issued the grant, and 2 the Board. 3 (2)(A) Except as provided under subparagraph 4 (B), the inspector general shall make a determination that a complaint is frivolous or submit a report 6 under paragraph (1) within 180 days after receiving 7 the complaint. 8 (B) If the inspector general is unable to com9 plete an investigation in time to submit a report within the 180-day period specified in subparagraph 11 (A) and the person submitting the complaint agrees 12 to an extension of time, the inspector general shall 13 submit a report under paragraph (1) within such ad14 ditional period of time as shall be agreed upon between the inspector general and the person submit16 ting the complaint. 17 (c) REMEDY AND ENFORCEMENT AUTHORITY.— 18 (1) Not later than 30 days after receiving an 19 inspector general report pursuant to subsection (b), the head of the agency concerned shall determine 21 whether there is sufficient basis to conclude that the 22 non-Federal employer has subjected the complainant 23 to a reprisal prohibited by subsection (a) and shall 24 either issue an order denying relief or shall take one or more of the following actions: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 28 1 (A) Order the employer to take affirmative 2 action to abate the reprisal. 3 (B) Order the employer to reinstate the 4 person to the position that the person held before the reprisal, together with the compensa6 tion (including back pay), employment benefits, 7 and other terms and conditions of employment 8 that would apply to the person in that position 9 if the reprisal had not been taken. (C) Order the employer to pay the com11 plainant an amount equal to the aggregate 12 amount of all costs and expenses (including at13 torneys’ fees and expert witnesses’ fees) that 14 were reasonably incurred by the complainant for, or in connection with, bringing the com16 plaint regarding the reprisal, as determined by 17 the head of the agency. 18 (2) If the head of an executive agency issues an 19 order denying relief under paragraph (1) or has not issued an order within 210 days after the submission 21 of a complaint under subsection (b), or in the case 22 of an extension of time under paragraph (b)(2)(B), 23 not later than 30 days after the expiration of the ex 24 tension of time, and there is no showing that such delay is due to the bad faith of the complainant, the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 29 1 complainant shall be deemed to have exhausted all 2 administrative remedies with respect to the com 3 plaint, and the complainant may bring a de novo ac 4 tion at law or equity against the employer to seek compensatory damages and other relief available 6 under this section in the appropriate district court 7 of the United States, which shall have jurisdiction 8 over such an action without regard to the amount in 9 controversy. Such an action shall, at the request of either party to the action, be tried by the court with 11 a jury. 12 (3) An inspector general determination and an 13 agency head order denying relief under paragraph 14 (2) shall be admissible in evidence in any de novo action at law or equity brought pursuant to this sub16 section. 17 (4) Whenever a person fails to comply with an 18 order issued under paragraph (1), the head of the 19 agency shall file an action for enforcement of such order in the United States district court for a dis 21 trict in which the reprisal was found to have oc 22 curred. In any action brought under this paragraph, 23 the court may grant appropriate relief, including in 24 junctive relief and compensatory and exemplary damages. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 30 1 (5) Any person adversely affected or aggrieved 2 by an order issued under paragraph (1) may obtain 3 review of the order’s conformance with this sub 4 section, and any regulations issued to carry out this 5 section, in the United States court of appeals for a 6 circuit in which the reprisal is alleged in the order 7 to have occurred. No petition seeking such review 8 may be filed more than 60 days after issuance of the 9 order by the head of the agency. Review shall con10 form to chapter 7 of title 5. 11 (d) CONSTRUCTION.—Nothing in this section may be 12 construed to authorize the discharge of, demotion of, or 13 discrimination against an employee for a disclosure other 14 than a disclosure protected by subsection (a) or to modify 15 or derogate from a right or remedy otherwise available to 16 the employee. 17 (e) DEFINITIONS.— 18 (1) NON-FEDERAL EMPLOYER RECEIVING 19 FUNDS UNDER THIS ACT.—The term ‘‘non-Federal 20 employer receiving funds made available in this Act’’ 21 means— 22 (A) with respect to a Federal contract 23 awarded or Federal grant issued to carry out 24 this Act, the contractor or grantee, as the case l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 31 1 may be, if the contractor or grantee is an em 2 ployer; or 3 (B) a State or local government, if the 4 State or local government has received funds 5 made available in this Act. 6 (2) EXECUTIVE AGENCY.—The term ‘‘executive 7 agency’’ has the meaning given that term in section 8 4 of the Office of Federal Procurement Policy Act 9 (41 U.S.C. 403). 10 (3) STATE OR LOCAL GOVERNMENT.—The term 11 ‘‘State or local government’’ means— 12 (A) the government of each of the several 13 States, the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, 15 the Virgin Islands, the Northern Mariana Is16 lands, or any other territory or possession of 17 the United States; or 18 (B) the government of any political sub19 division of a government listed in subparagraph 20 (A). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 32 1 TITLE II—AGRICULTURE, NUTRI 2 TION, AND RURAL DEVELOP 3 MENT 4 DEPARTMENT OF AGRICULTURE AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL 6 PAYMENTS 7 For an additional amount for ‘‘Agriculture Buildings 8 and Facilities and Rental Payments’’, $44,000,000, for 9 necessary construction, repair, and improvement activities: Provided, That section 1106 of this Act shall not apply 11 to this appropriation. 12 AGRICULTURAL RESEARCH SERVICE 13 BUILDINGS AND FACILITIES 14 For an additional amount for ‘‘Buildings and Facilities’’, $209,000,000, for work on deferred maintenance at 16 Agricultural Research Service facilities: Provided, That 17 priority in the use of such funds shall be given to critical 18 deferred maintenance, to projects that can be completed, 19 and to activities that can commence promptly following enactment of this Act. 21 FARM SERVICE AGENCY 22 SALARIES AND EXPENSES 23 For an additional amount for ‘‘Salaries and Ex24 penses,’’ $245,000,000, for the purpose of maintaining and modernizing the information technology system: Pro- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 33 1 vided, That section 1106 of this Act shall not apply to 2 this appropriation. 3 NATURAL RESOURCES CONSERVATION SERVICE 4 WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for ‘‘Watershed and Flood 6 Prevention Operations’’, $350,000,000, of which 7 $175,000,000 is for necessary expenses to purchase and 8 restore floodplain easements as authorized by section 403 9 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) (except that no more than $50,000,000 of the amount pro11 vided for the purchase of floodplain easements may be ob12 ligated for projects in any one State): Provided, That sec13 tion 1106 of this Act shall not apply to this appropriation: 14 Provided further, That priority in the use of such funds shall be given to projects that can be fully funded and 16 completed with the funds appropriated in this Act, and 17 to activities that can commence promptly following enact18 ment of this Act. 19 WATERSHED REHABILITATION PROGRAM For an additional amount for ‘‘Watershed Rehabilita21 tion Program’’, $50,000,000, for necessary expenses to 22 carry out rehabilitation of structural measures: Provided, 23 That section 1106 of this Act shall not apply to this ap24 propriation: Provided further, That priority in the use of such funds shall be given to projects that can be fully l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 34 1 funded and completed with the funds appropriated in this 2 Act, and to activities that can commence promptly fol3 lowing enactment of this Act. 4 RURAL DEVELOPMENT PROGRAMS RURAL COMMUNITY ADVANCEMENT PROGRAM 6 (INCLUDING TRANSFERS OF FUNDS) 7 For an additional amount for gross obligations for 8 the principal amount of direct and guaranteed loans as 9 authorized by sections 306 and 310B and described in sections 381E(d)(1), 381E(d)(2), and 381E(d)(3) of the 11 Consolidated Farm and Rural Development Act, to be 12 available from the rural community advancement pro13 gram, as follows: $5,838,000,000, of which 14 $1,102,000,000 is for rural community facilities direct loans, of which $2,000,000,000 is for business and indus16 try guaranteed loans, and of which $2,736,000,000 is for 17 rural water and waste disposal direct loans. 18 For an additional amount for the cost of direct loans, 19 loan guarantees, and grants, including the cost of modifying loans, as defined in section 502 of the Congressional 21 Budget Act of 1974, as follows: $1,800,000,000, of which 22 $63,000,000 is for rural community facilities direct loans, 23 of which $137,000,000 is for rural community facilities 24 grants authorized under section 306(a) of the Consolidated Farm and Rural Development Act, of which l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 35 1 $87,000,000 is for business and industry guaranteed 2 loans, of which $13,000,000 is for rural business enter3 prise grants authorized under section 310B of the Consoli4 dated Farm and Rural Development Act, of which $400,000,000 is for rural water and waste disposal direct 6 loans, and of which $1,100,000,000 is for rural water and 7 waste disposal grants authorized under section 306(a): 8 Provided, That the amounts appropriated under this head9 ing shall be transferred to, and merged with, the appropriation for ‘‘Rural Housing Service, Rural Community 11 Facilities Program Account’’, the appropriation for 12 ‘‘Rural Business-Cooperative Service, Rural Business Pro13 gram Account’’, and the appropriation for ‘‘Rural Utilities 14 Service, Rural Water and Waste Disposal Program Account’’: Provided further, That priority for awarding such 16 funds shall be given to project applications that dem17 onstrate that, if the application is approved, all project 18 elements will be fully funded: Provided further, That pri19 ority for awarding such funds shall be given to project applications for activities that can be completed if the re21 quested funds are provided: Provided further, That priority 22 for awarding such funds shall be given to activities that 23 can commence promptly following enactment of this Act. 24 In addition to other available funds, the Secretary of Agriculture may use not more than 3 percent of the funds l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 36 1 made available under this account for administrative costs 2 to carry out loans, loan guarantees, and grants funded 3 under this account, which shall be transferred and merged 4 with the appropriation for ‘‘Rural Development, Salaries and Expenses’’ and shall remain available until September 6 30, 2012: Provided, That the authority provided in this 7 paragraph shall apply to appropriations under this head8 ing in lieu of the provisions of section 1106 of this Act. 9 Funds appropriated by this Act to the Rural Community Advancement Program for rural community facilities, 11 rural business, and rural water and waste disposal direct 12 loans, loan guarantees and grants may be transferred 13 among these programs: Provided, That the Committees on 14 Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of 16 any transfer. 17 RURAL HOUSING SERVICE 18 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 19 (INCLUDING TRANSFERS OF FUNDS) For an additional amount of gross obligations for the 21 principal amount of direct and guaranteed loans as au22 thorized by title V of the Housing Act of 1949, to be avail23 able from funds in the rural housing insurance fund, as 24 follows: $22,129,000,000 for loans to section 502 borrowers, of which $4,018,000,000 shall be for direct loans, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 37 1 and of which $18,111,000,000 shall be for unsubsidized 2 guaranteed loans. 3 For an additional amount for the cost of direct and 4 guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act 6 of 1974, as follows: section 502 loans, $500,000,000, of 7 which $270,000,000 shall be for direct loans, and of which 8 $230,000,000 shall be for unsubsidized guaranteed loans. 9 In addition to other available funds, the Secretary of Agriculture may use not more than 3 percent of the funds 11 made available under this account for administrative costs 12 to carry out loans and loan guarantees funded under this 13 account, of which $1,750,000 will be committed to agency 14 projects associated with maintaining the compliance, safety, and soundness of the portfolio of loans guaranteed 16 through the section 502 guaranteed loan program: Pro17 vided, These funds shall be transferred and merged with 18 the appropriation for ‘‘Rural Development, Salaries and 19 Expenses’’: Provided further, That the authority provided in this paragraph shall apply to appropriations under this 21 heading in lieu of the provisions of section 1106 of this 22 Act. 23 Funds appropriated by this Act to the Rural Housing 24 Insurance Fund Program account for section 502 direct loans and unsubsidized guaranteed loans may be trans- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 38 1 ferred between these programs: Provided, That the Com2 mittees on Appropriations of the House of Representatives 3 and the Senate shall be notified at least 15 days in ad4 vance of any transfer. RURAL UTILITIES SERVICE 6 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 7 PROGRAM 8 (INCLUDING TRANSFERS OF FUNDS) 9 For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural 11 Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for 12 grants, $2,825,000,000: Provided, That the cost of direct 13 and guaranteed loans shall be as defined in section 502 14 of the Congressional Budget Act of 1974: Provided further, That, notwithstanding title VI of the Rural Elec16 trification Act of 1936, this amount is available for grants, 17 loans and loan guarantees for open access broadband in18 frastructure in any area of the United States: Provided 19 further, That at least 75 percent of the area to be served by a project receiving funds from such grants, loans or 21 loan guarantees shall be in a rural area without sufficient 22 access to high speed broadband service to facilitate rural 23 economic development, as determined by the Secretary of 24 Agriculture: Provided further, That priority for awarding funds made available under this paragraph shall be given l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 39 1 to projects that provide service to the most rural residents 2 that do not have access to broadband service: Provided fur3 ther, That priority shall be given for project applications 4 from borrowers or former borrowers under title II of the Rural Electrification Act of 1936 and for project applica6 tions that include such borrowers or former borrowers: 7 Provided further, That notwithstanding section 1103 of 8 this Act, 50 percent of the grants, loans, and loan guaran9 tees made available under this heading shall be awarded not later than September 30, 2009: Provided further, That 11 priority for awarding such funds shall be given to project 12 applications that demonstrate that, if the application is 13 approved, all project elements will be fully funded: Pro14 vided further, That priority for awarding such funds shall be given to project applications for activities that can be 16 completed if the requested funds are provided: Provided 17 further, That priority for awarding such funds shall be 18 given to activities that can commence promptly following 19 enactment of this Act: Provided further, That no area of a project funded with amounts made available under this 21 paragraph may receive funding to provide broadband serv22 ice under the Broadband Deployment Grant Program: 23 Provided further, That the Secretary shall submit a report 24 on planned spending and actual obligations describing the use of these funds not later than 90 days after the date l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 40 1 of enactment of this Act, and quarterly thereafter until 2 all funds are obligated, to the Committees on Appropria3 tions of the House of Representatives and the Senate. 4 In addition to other available funds, the Secretary 5 may use not more than 3 percent of the funds made avail6 able under this account for administrative costs to carry 7 out loans, loan guarantees, and grants funded under this 8 account, which shall be transferred and merged with the 9 appropriation for ‘‘Rural Development, Salaries and Ex10 penses’’ and shall remain available until September 30, 11 2012: Provided, That the authority provided in this para12 graph shall apply to appropriations under this heading in 13 lieu of the provisions of section 1106 of this Act. 14 FOOD AND NUTRITION SERVICE 15 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 16 WOMEN, INFANTS, AND CHILDREN (WIC) 17 For an additional amount for the special supple18 mental nutrition program as authorized by section 17 of 19 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 20 $100,000,000, for the purposes specified in section 21 17(h)(10)(B)(ii) for the Secretary of Agriculture to pro22 vide assistance to State agencies to implement new man23 agement information systems or improve existing manage24 ment information systems for the program. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 41 1 GENERAL PROVISIONS, THIS TITLE 2 SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER 3 THE SUPPLEMENTAL NUTRITION ASSIST 4 ANCE PROGRAM. 5 (a) MAXIMUM BENEFIT INCREASE.— 6 (1) IN GENERAL.—Beginning the first month 7 that begins not less than 25 days after the date of 8 enactment of this Act, the value of benefits deter9 mined under section 8(a) of the Food and Nutrition 10 Act of 2008 and consolidated block grants for Puer11 to Rico and American Samoa determined under sec12 tion 19(a) of such Act shall be calculated using 13 113.6 percent of the June 2008 value of the thrifty 14 food plan as specified under section 3(o) of such 15 Act. 16 (2) TERMINATION.— 17 (A) The authority provided by this sub18 section shall terminate after September 30, 19 2009. 20 (B) Notwithstanding subparagraph (A), 21 the Secretary of Agriculture may not reduce the 22 value of the maximum allotment below the level 23 in effect for fiscal year 2009 as a result of 24 paragraph (1). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 42 1 (b) REQUIREMENTS FOR THE SECRETARY.—In car2 rying out this section, the Secretary shall— 3 (1) consider the benefit increases described in 4 subsection (a) to be a ‘‘mass change’’; (2) require a simple process for States to notify 6 households of the increase in benefits; 7 (3) consider section 16(c)(3)(A) of the Food 8 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 9 to apply to any errors in the implementation of this section, without regard to the 120-day limit de11 scribed in that section; and 12 (4) have the authority to take such measures as 13 necessary to ensure the efficient administration of 14 the benefits provided in this section. (c) ADMINISTRATIVE EXPENSES.— 16 (1) IN GENERAL.—For the costs of State ad17 ministrative expenses associated with carrying out 18 this section, the Secretary shall make available 19 $150,000,000 in each of fiscal years 2009 and 2010, to remain available through September 30, 2012, of 21 which $4,500,000 is for necessary expenses of the 22 Food and Nutrition Service for management and 23 oversight of the program and for monitoring the in 24 tegrity and evaluating the effects of the payments made under this section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 43 1 (2) AVAILABILITY OF FUNDS.—Funds described 2 in paragraph (1) shall be made available as grants 3 to State agencies based on each State’s share of 4 households that participate in the Supplemental Nu 5 trition Assistance Program as reported to the De6 partment of Agriculture for the 12-month period 7 ending with June, 2008. 8 (d) TREATMENT OF JOBLESS WORKERS.—Beginning 9 with the first month that begins not less than 25 days 10 after the date of enactment of this Act, and for each sub11 sequent month through September 30, 2010, jobless 12 adults who comply with work registration and employment 13 and training requirements under section 6, section 20, or 14 section 26 of the Food and Nutrition Act of 2008 (7 15 U.S.C. 2015, 2029, or 2035) shall not be disqualified from 16 the Supplemental Nutrition Assistance Program because 17 of the provisions of section 6(o)(2) of such Act (7 U.S.C. 18 2015(o)(2)). Beginning on October 1, 2010, for the pur19 poses of section 6(o), a State agency shall disregard any 20 period during which an individual received Supplemental 21 Nutrition Assistance Program benefits prior to October 1, 22 2010. 23 (e) FUNDING.—There is appropriated to the Sec24 retary of Agriculture such sums as are necessary to carry l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 44 1 out this section, to remain available until expended. Sec2 tion 1106 of this Act shall not apply to this appropriation. 3 SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK 4 CHILDREN. 5 Section 17(r) of the Richard B. Russell National 6 School Lunch Act (42 U.S.C. 1766 (r)) is amended by 7 striking subsection (5). 8 TITLE III—COMMERCE, JUSTICE, 9 AND SCIENCE 10 Subtitle A—Commerce 11 DEPARTMENT OF COMMERCE 12 ECONOMIC DEVELOPMENT ADMINISTRATION 13 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 14 (INCLUDING TRANSFER OF FUNDS) 15 For an additional amount for ‘‘Economic Develop16 ment Assistance Programs’’, $250,000,000: Provided, 17 That the amount set aside from this appropriation pursu18 ant to section 1106 of this Act shall not exceed 2 percent 19 instead of the percentage specified in such section: Pro20 vided further, That the amount set aside pursuant to the 21 previous proviso shall be transferred to and merged with 22 the appropriation for ‘‘Salaries and Expenses’’ for pur23 poses of program administration and oversight: Provided 24 further, That up to $50,000,000 may be transferred to l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 45 1 federally authorized regional economic development com2 missions. 3 BUREAU OF THE CENSUS 4 PERIODIC CENSUSES AND PROGRAMS 5 For an additional amount for ‘‘Periodic Censuses and 6 Programs’’, $1,000,000,000: Provided, That section 1106 7 of this Act shall not apply to funds provided under this 8 heading. 9 NATIONAL TELECOMMUNICATIONS AND INFORMATION 10 ADMINISTRATION 11 SALARIES AND EXPENSES 12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $350,000,000, to remain available until Sep14 tember 30, 2011: Provided, That funds shall be available 15 to establish the State Broadband Data and Development 16 Grant Program, as authorized by Public Law 110–385, 17 for the development and implementation of statewide ini18 tiatives to identify and track the availability and adoption 19 of broadband services within each State, and to develop 20 and maintain a nationwide broadband inventory map, as 21 authorized by section 3101 of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 46 1 WIRELESS AND BROADBAND DEPLOYMENT GRANT 2 PROGRAMS 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses related to the Wireless and Broadband Deployment Grant Programs established by 6 section 3102 of this Act, $2,825,000,000, of which 7 $1,000,000,000 shall be for Wireless Deployment Grants 8 and $1,825,000,000 shall be for Broadband Deployment 9 Grants: Provided, That the National Telecommunications and Information Administration shall submit a report on 11 planned spending and actual obligations describing the use 12 of these funds not later than 120 days after the date of 13 enactment of this Act, and an update report not later than 14 60 days following the initial report, to the Committees on Appropriations of the House of Representatives and the 16 Senate, the Committee on Energy and Commerce of the 17 House of Representatives, and the Committee on Com18 merce, Science, and Transportation of the Senate: Pro19 vided further, That notwithstanding section 1103 of this Act, 50 percent of the grants made available under this 21 heading shall be awarded not later than September 30, 22 2009: Provided further, That up to 20 percent of the funds 23 provided under this heading for Wireless Deployment 24 Grants and Broadband Deployment Grants may be transferred between these programs: Provided further, That the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 47 1 Committees on Appropriations of the House of Represent2 atives and the Senate shall be notified at least 15 days 3 in advance of any transfer. 4 DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM 5 Notwithstanding any other provision of law, and in 6 addition to amounts otherwise provided in any other Act, 7 for costs associated with the Digital-to-Analog Converter 8 Box Program, $650,000,000, to be available until Sep9 tember 30, 2009: Provided, That these funds shall be 10 available for coupons and related activities, including but 11 not limited to education, consumer support and outreach, 12 as deemed appropriate and necessary to ensure a timely 13 conversion of analog to digital television. 14 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 15 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 16 For an additional amount for ‘‘Scientific and Tech17 nical Research and Services’’, $100,000,000. 18 INDUSTRIAL TECHNOLOGY SERVICES 19 For an additional amount for ‘‘Industrial Technology 20 Services’’, $100,000,000, of which $70,000,000 shall be 21 available for the necessary expenses of the Technology In22 novation Program and $30,000,000 shall be available for 23 the necessary expenses of the Hollings Manufacturing Ex24 tension Partnership. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 48 1 CONSTRUCTION OF RESEARCH FACILITIES 2 For an additional amount for ‘‘Construction of Re3 search Facilities’’, as authorized by sections 13 through 4 15 of the Act of March 13, 1901 (15 U.S.C. 278c-278e), 5 $300,000,000, for a competitive construction grant pro6 gram for research science buildings: Provided further, 7 That for peer-reviewed grants made under this heading, 8 the time limitation provided in section 1103(b) of this Act 9 shall be 120 days. 10 NATIONAL OCEANIC AND ATMOSPHERIC 11 ADMINISTRATION 12 OPERATIONS, RESEARCH, AND FACILITIES 13 For an additional amount for ‘‘Operations, Research, 14 and Facilities’’, $400,000,000, for habitat restoration and 15 mitigation activities. 16 PROCUREMENT, ACQUISITION AND CONSTRUCTION 17 For an additional amount for ‘‘Procurement, Acquisi18 tion and Construction’’, $600,000,000, for accelerating 19 satellite development and acquisition, acquiring climate 20 sensors and climate modeling capacity, and establishing 21 climate data records: Provided further, That not less than 22 $140,000,000 shall be available for climate data modeling. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 49 1 GENERAL PROVISIONS, THIS SUBTITLE 2 SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPA3 BILITY AND AVAILABILITY. 4 (a) ESTABLISHMENT.—To provide a comprehensive nationwide inventory of existing broadband service capa6 bility and availability, the National Telecommunications 7 and Information Administration (‘‘NTIA’’) shall develop 8 and maintain a broadband inventory map of the United 9 States that identifies and depicts the geographic extent to which broadband service capability is deployed and 11 available from a commercial provider or public provider 12 throughout each State. 13 (b) PUBLIC AVAILABILITY AND INTERACTIVITY.— 14 Not later than 2 years after the date of enactment of this Act, the NTIA shall make the broadband inventory map 16 developed and maintained pursuant to this section acces17 sible by the public on a World Wide Web site of the NTIA 18 in a form that is interactive and searchable. 19 SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT GRANT PROGRAMS. 21 (a) GRANTS AUTHORIZED.— 22 (1) IN GENERAL.—The National Telecommuni 23 cations and Information Administration (‘‘NTIA’’) 24 is authorized to carry out a program to award grants to eligible entities for the non-recurring costs l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 50 1 associated with the deployment of broadband infra 2 structure in rural, suburban, and urban areas, in ac 3 cordance with the requirements of this section. 4 (2) PROGRAM WEBSITE.—The NTIA shall develop and maintain a website to make publicly avail6 able information about the program described in 7 paragraph (1), including— 8 (A) each prioritization report submitted by 9 a State under subsection (b); (B) a list of eligible entities that have ap11 plied for a grant under this section, and the 12 area or areas the entity proposes to serve; and 13 (C) the status of each such application, 14 whether approved, denied, or pending. (b) STATE PRIORITIES.— 16 (1) PRIORITIES REPORT SUBMISSION.—Not 17 later than 75 days after the date of enactment of 18 this section, each State intending to participate in 19 the program under this section shall submit to the NTIA a report indicating the geographic areas of 21 the State which— 22 (A) for the purposes of determining the 23 need for Wireless Deployment Grants under 24 subsection (c), the State considers to have the greatest priority for— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 51 1 (i) wireless voice service in unserved 2 areas; and 3 (ii) advanced wireless broadband serv 4 ice in underserved areas; and 5 (B) for the purposes of determining the 6 need for Broadband Deployment Grants under 7 subsection (d), the State considers to have the 8 greatest priority for— 9 (i) basic broadband service in 10 unserved areas; and 11 (ii) advanced broadband service in un12 derserved areas. 13 (2) LIMITATION.—The unserved and under14 served areas identified by a State in the report re15 quired by this subsection shall not represent, in the 16 aggregate, more than 20 percent of the population 17 or of the geographic area of such State. 18 (c) WIRELESS DEPLOYMENT GRANTS.— 19 (1) AUTHORIZED ACTIVITY.—The NTIA shall 20 award Wireless Deployment Grants in accordance 21 with this subsection from money appropriated for 22 Wireless Deployment Grants by this subtitle to eligi 23 ble entities to deploy necessary infrastructure for the 24 provision of wireless voice service or advanced wire- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 52 1 less broadband service to end users in designated 2 areas. 3 (2) GRANT DISTRIBUTION.—The NTIA shall 4 seek to distribute grants, to the extent possible, so that 25 percent of the grants awarded under this 6 subsection shall be awarded to eligible entities for 7 providing wireless voice service to unserved areas 8 and 75 percent of grants awarded under this sub9 section shall be awarded to eligible entities for providing advanced wireless broadband service to under11 served areas. 12 (d) BROADBAND DEPLOYMENT GRANTS.— 13 (1) AUTHORIZED ACTIVITY.—The NTIA shall 14 award Broadband Deployment Grants in accordance with this subsection from money appropriated for 16 Broadband Deployment Grants by this subtitle to el17 igible entities to deploy necessary infrastructure for 18 the provision of basic broadband service or advanced 19 broadband service to end users in designated areas. (2) GRANT DISTRIBUTION.—The NTIA shall 21 seek to distribute grants, to the extent possible, so 22 that 25 percent of the grants awarded under this 23 subsection shall be awarded to eligible entities for 24 providing basic broadband service to unserved areas and 75 percent of grants awarded under this sub- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 53 1 section shall be awarded to eligible entities for pro 2 viding advanced broadband service to underserved 3 areas. 4 (e) GRANT REQUIREMENTS.—The NTIA shall— (1) adopt rules to protect against unjust enrich6 ment; and 7 (2) ensure that grant recipients— 8 (A) meet buildout requirements; 9 (B) maximize use of the supported infrastructure by the public; 11 (C) operate basic and advanced broadband 12 service networks on an open access basis; 13 (D) operate advanced wireless broadband 14 service on a wireless open access basis; and (E) adhere to the principles contained in 16 the Federal Communications Commission’s 17 broadband policy statement (FCC 05-151, 18 adopted August 5, 2005). 19 (f) APPLICATIONS.— (1) SUBMISSION.—To be considered for a grant 21 awarded under subsection (c) or (d), an eligible enti 22 ty shall submit to the NTIA an application at such 23 time, in such manner, and containing such informa 24 tion as the NTIA may require. Such an application shall include— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 54 1 (A) a cost-study estimate for serving the 2 particular geographic area to be served by the 3 entity; 4 (B) an engineering plan; (C) a proposed build-out schedule to resi6 dential households and small businesses in the 7 area; 8 (D) for applicants for Wireless Deployment 9 Grants under subsection (c), a build-out schedule for geographic coverage of such areas; and 11 (E) any other requirements the NTIA 12 deems necessary. 13 (2) SELECTION.— 14 (A) NOTIFICATION.—The NTIA shall notify each eligible entity that has submitted a 16 complete application whether the entity has 17 been approved or denied for a grant under this 18 section in timely fashion. 19 (B) GRANT DISTRIBUTION CONSIDER- ATIONS.—In awarding grants under this sec 21 tion, the NTIA shall, to the extent practical— 22 (i) award not less than one grant in 23 each State; 24 (ii) give substantial weight to whether an application is from an eligible entity to l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 55 1 deploy infrastructure in an area that is an 2 area— 3 (I) identified by a State in a re 4 port submitted under subsection (b); or 6 (II) in which the NTIA deter7 mines there will be a significant 8 amount of public safety or emergency 9 response use of the infrastructure; and 11 (iii) consider whether an application 12 from an eligible entity to deploy infrastruc13 ture in an area— 14 (I) will, if approved, increase the affordability of, or subscribership to, 16 service to the greatest population of 17 underserved users in the area; 18 (II) will, if approved, enhance 19 service for health care delivery, education, or children to the greatest pop 21 ulation of underserved users in the 22 area; 23 (III) contains concrete plans for 24 enhancing computer ownership or computer literacy in the area; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 56 1 (IV) is from a recipient of more 2 than 20 percent matching grants from 3 State, local, or private entities for 4 service in the area and the extent of 5 such commitment; and 6 (V) will, if approved, result in 7 unjust enrichment because the eligible 8 entity has applied for, or intends to 9 apply for, support for the non-recur10 ring costs through another Federal 11 program for service in the area. 12 (g) CONSULTATION.—The NTIA shall consult with 13 the Federal Communications Commission and other ap14 propriate Federal agencies in implementing this section. 15 (h) DEFINITIONS.—For the purpose of this section— 16 (1) the term ‘‘advanced broadband service’’ 17 means a service delivering data to the end user 18 transmitted at a speed of at least 45 megabits per 19 second downstream and at least 15 megabits per 20 second upstream; 21 (2) the term ‘‘advanced wireless broadband 22 service’’ means a wireless service delivering to the 23 end user data transmitted at a speed of at least 3 24 megabits per second downstream and at least 1 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 57 1 megabit per second upstream over an end-to-end 2 internet protocol wireless network; 3 (3) the term ‘‘basic broadband service’’ means 4 a service delivering data to the end user transmitted 5 at a speed of at least 5 megabits per second down6 stream and at least 1 megabit per second upstream; 7 (4) the term ‘‘eligible entity’’ means— 8 (A) a provider of wireless voice service, ad9 vanced wireless broadband service, basic 10 broadband service, or advanced broadband serv11 ice; 12 (B) a State or unit of local government, or 13 agency or instrumentality thereof, that is or in14 tends to be a provider of any such service; and 15 (C) any other entity, including construc16 tion companies, tower-building companies, or 17 other service providers, that the NTIA author18 izes by rule to participate in the programs 19 under this section, if such other entity is re20 quired to provide access to the supported infra21 structure on a neutral, reasonable basis to 22 maximize use; 23 (5) the term ‘‘State’’ includes the District of 24 Columbia and the territories and possessions; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 58 1 (6) the term ‘‘underserved area’’ shall be de 2 fined by the Federal Communications Commission 3 not later than 45 days after the date of enactment 4 of this section; 5 (7) the term ‘‘unserved area’’ shall be defined 6 by the Federal Communications Commission not 7 later than 45 days after the date of enactment of 8 this section; 9 (8) the term ‘‘wireless voice service’’ means the 10 provision of two-way, real-time, voice communica11 tions using a mobile service; 12 (9) the term ‘‘open access’’ shall be defined by 13 the Federal Communications Commission not later 14 than 45 days after the date of enactment of this sec15 tion; and 16 (10) the term ‘‘wireless open access’’ shall be 17 defined by the Federal Communications Commission 18 not later than 45 days after the date of enactment 19 of this section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 59 1 Subtitle B—Justice 2 DEPARTMENT OF JUSTICE 3 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 4 OFFICE OF JUSTICE PROGRAMS STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 6 For an additional amount for ‘‘State and Local Law 7 Enforcement Assistance’’, $3,000,000,000, to be available 8 for the Edward Byrne Memorial Justice Assistance Grant 9 Program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 11 1968, (except that section 1001(c), and the special rules 12 for Puerto Rico under section 505(g), of such Act shall 13 not apply for purposes of this Act): Provided, That section 14 1106 of this Act shall not apply to funds provided under this heading. 16 COMMUNITY ORIENTED POLICING SERVICES 17 For an additional amount for ‘‘Community Oriented 18 Policing Services’’, $1,000,000,000, to be available for 19 grants under section 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of additional 21 career law enforcement officers under part Q of such title 22 notwithstanding subsection (i) of such section: Provided, 23 That for peer-reviewed grants made under this heading, 24 the time limitation provided in section 1103(b) of this Act shall be 120 days. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 60 1 Subtitle C—Science 2 NATIONAL AERONAUTICS AND SPACE 3 ADMINISTRATION 4 SCIENCE 5 For an additional amount for ‘‘Science’’, 6 $400,000,000, of which not less than $250,000,000 shall 7 be solely for accelerating the development of the tier 1 set 8 of Earth science climate research missions recommended 9 by the National Academies Decadal Survey. 10 AERONAUTICS 11 For an additional amount for ‘‘Aeronautics’’, 12 $150,000,000. 13 CROSS AGENCY SUPPORT PROGRAMS 14 For an additional amount for ‘‘Cross Agency Support 15 Programs’’, for necessary expenses for restoration and 16 mitigation of National Aeronautics and Space Administra17 tion owned infrastructure and facilities related to the con18 sequences of hurricanes, floods, and other natural disas19 ters occurring during 2008 for which the President de20 clared a major disaster under title IV of the Robert T. 21 Stafford Disaster Relief and Emergency Assistance Act of 22 1974, $50,000,000. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 61 1 NATIONAL SCIENCE FOUNDATION 2 RESEARCH AND RELATED ACTIVITIES 3 For an additional amount for ‘‘Research and Related 4 Activities’’, $2,500,000,000: Provided, That $300,000,000 5 shall be available solely for the Major Research Instru6 mentation program and $200,000,000 shall be for activi7 ties authorized by title II of Public Law 100–570 for aca8 demic research facilities modernization: Provided, That for 9 peer-reviewed grants made under this heading, the time 10 limitation provided in section 1103(b) of this Act shall be 11 120 days. 12 EDUCATION AND HUMAN RESOURCES 13 For an additional amount for ‘‘Education and 14 Human Resources’’, $100,000,000: Provided, That 15 $60,000,000 shall be for activities authorized by section 16 7030 of Public Law 110–69 and $40,000,000 shall be for 17 activities authorized by section 9 of the National Science 18 Foundation Authorization Act of 2002 (42 U.S.C. 1862n). 19 MAJOR RESEARCH EQUIPMENT AND FACILITIES 20 CONSTRUCTION 21 For an additional amount for ‘‘Major Research 22 Equipment and Facilities Construction’’, $400,000,000, 23 which shall be available only for approved projects. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 62 1 TITLE IV—DEFENSE 2 DEPARTMENT OF DEFENSE 3 FACILITY INFRASTRUCTURE INVESTMENTS, DEFENSE 4 For expenses, not otherwise provided for, to improve, 5 repair and modernize Department of Defense facilities, re6 store and modernize Army barracks, and invest in the en7 ergy efficiency of Department of Defense facilities, 8 $4,500,000,000, for Facilities Sustainment, Restoration 9 and Modernization programs of the Department of De10 fense (including minor construction and major mainte11 nance and repair), which shall be available as follows: 12 (1) ‘‘Operation and Maintenance, Army’’, 13 $1,490,804,000. 14 (2) ‘‘Operation and Maintenance, Navy’’, 15 $624,380,000. 16 (3) ‘‘Operation and Maintenance, Marine 17 Corps’’, $128,499,000. 18 (4) ‘‘Operation and Maintenance, Air Force’’, 19 $1,236,810,000. 20 (5) ‘‘Defense Health Program’’, $454,658,000. 21 (6) ‘‘Operation and Maintenance, Army Re 22 serve’’, $110,899,000. 23 (7) ‘‘Operation and Maintenance, Navy Re 24 serve’’, $62,162,000. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 63 1 (8) ‘‘Operation and Maintenance, Marine Corps 2 Reserve’’, $45,038,000. 3 (9) ‘‘Operation and Maintenance, Air Force Re 4 serve’’, $14,881,000. 5 (10) ‘‘Operation and Maintenance, Army Na6 tional Guard’’, $302,700,000. 7 (11) ‘‘Operation and Maintenance, Air National 8 Guard’’, $29,169,000. 9 ENERGY RESEARCH AND DEVELOPMENT, DEFENSE 10 For expenses, not otherwise provided for, for re11 search, development, test and evaluation programs for im12 provements in energy generation, transmission, regulation, 13 use, and storage, for military installations, military vehi14 cles, and other military equipment, $350,000,000, which 15 shall be available as follows: 16 (1) ‘‘Research, Development, Test and Evalua17 tion, Army’’, $87,500,000. 18 (2) ‘‘Research, Development, Test and Evalua19 tion, Navy’’, $87,500,000. 20 (3) ‘‘Research, Development, Test and Evalua21 tion, Air Force’’, $87,500,000. 22 (4) ‘‘Research, Development, Test and Evalua 23 tion, Defense-Wide’’, $87,500,000 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 64 1 TITLE V—ENERGY AND WATER 2 DEPARTMENT OF THE ARMY 3 CORPS OF ENGINEERS—CIVIL 4 CONSTRUCTION For an additional amount for ‘‘Construction’’, 6 $2,000,000,000: Provided, That section 102 of Public 7 Law 109–103 (33 U.S.C. 2221) shall not apply to funds 8 provided in this paragraph: Provided further, That not9 withstanding any other provision of law, funds provided in this paragraph shall not be cost shared with the Inland 11 Waterways Trust Fund as authorized in Public Law 99– 12 662: Provided further, That funds provided in this para13 graph may only be used for programs, projects or activities 14 previously funded: Provided further, That the Corps of Engineers is directed to prioritize funding for activities based 16 on the ability to accelerate existing contracts or fully fund 17 project elements and contracts for such elements in a time 18 period of 2 years after the date of enactment of this Act 19 giving preference to projects and activities that are labor intensive: Provided further, That funds provided in this 21 paragraph shall be used for elements of projects, programs 22 or activities that can be completed using funds provided 23 herein: Provided further, That funds appropriated in this 24 paragraph may be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work au- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 65 1 thorized to be carried out in accordance with one or more 2 of section 14 of the Flood Control Act of 1946 (33 U.S.C. 3 701r), section 205 of the Flood Control Act of 1948 (33 4 U.S.C. 701s), section 206 of the Water Resources Devel5 opment Act of 1996 (33 U.S.C. 2330), and section 1135 6 of the Water Resources Development Act of 1986 (33 7 U.S.C. 2309a), notwithstanding the program cost limita8 tions set forth in those sections: Provided further, That 9 the limitation concerning total project costs in section 902 10 of the Water Resources Development Act of 1986, as 11 amended (33 U.S.C. 2280), shall not apply during fiscal 12 year 2009 to any project that received funds provided in 13 this title: Provided further, That for projects that are 14 being completed with funds appropriated in this Act that 15 are otherwise expired or lapsed for obligation, expired or 16 lapsed funds appropriated in this Act may be used to pay 17 the cost of associated supervision, inspection, overhead, 18 engineering and design on those projects and on subse19 quent claims, if any: Provided further, That the Secretary 20 of the Army shall submit a quarterly report to the Com21 mittees on Appropriations of the House of Representatives 22 and the Senate detailing the allocation, obligation and ex23 penditures of these funds, beginning not later than 45 24 days after enactment of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 66 1 MISSISSIPPI RIVER AND TRIBUTARIES 2 For an additional amount for ‘‘Mississippi River and 3 Tributaries’’, $250,000,000: Provided, That funds pro4 vided in this paragraph may only be used for programs, projects, or activities previously funded: Provided further, 6 That the Corps of Engineers is directed to prioritize fund7 ing for activities based on the ability to accelerate existing 8 contracts or fully fund project elements and contracts for 9 such elements in a time period of 2 years after the date of enactment of this Act giving preference to projects and 11 activities that are labor intensive: Provided further, That 12 funds provided in this paragraph shall be used for ele13 ments of projects, programs, or activities that can be com14 pleted using funds provided herein: Provided further, That for projects that are being completed with funds appro16 priated in this Act that are otherwise expired or lapsed 17 for obligation, expired or lapsed funds appropriated in this 18 Act may be used to pay the cost of associated supervision, 19 inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided fur21 ther, That the Secretary of the Army shall submit a quar22 terly report to the Committees on Appropriations of the 23 House of Representatives and the Senate detailing the al24 location, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 67 1 OPERATION AND MAINTENANCE 2 For an additional amount for ‘‘Operation and Main3 tenance’’, $2,225,000,000: Provided, That the Corps of 4 Engineers is directed to prioritize funding for activities 5 based on the ability to accelerate existing contracts or fully 6 fund project elements and contracts for such elements in 7 a time period of 2 years after the date of enactment of 8 this Act giving preference to projects and activities that 9 are labor intensive: Provided further, That funds provided 10 in this paragraph shall be used for elements of projects, 11 programs, or activities that can be completed using funds 12 provided herein: Provided further, That for projects that 13 are being completed with funds appropriated in this Act 14 that are otherwise expired or lapsed for obligation, expired 15 or lapsed funds appropriated in this Act may be used to 16 pay the cost of associated supervision, inspection, over17 head, engineering and design on those projects and on 18 subsequent claims, if any: Provided further, That the Sec19 retary of the Army shall submit a quarterly report to the 20 Committees on Appropriations of the House of Represent21 atives and the Senate detailing the allocation, obligation 22 and expenditures of these funds, beginning not later than 23 45 days after enactment of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 68 1 REGULATORY PROGRAM 2 For an additional amount for ‘‘Regulatory Program’’, 3 $25,000,000. 4 DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION 6 WATER AND RELATED RESOURCES 7 For an additional amount for ‘‘Water and Related 8 Resources’’, $500,000,000: Provided, That of the amount 9 appropriated under this heading, not less than $126,000,000 shall be used for water reclamation and 11 reuse projects authorized under title XVI of Public Law 12 102–575: Provided further, That of the amount appro13 priated under this heading, not less than $80,000,000 14 shall be used for rural water projects and these funds shall be expended primarily on water intake and treatment fa16 cilities of such projects: Provided further, That the costs 17 of reimbursable activities, other than for maintenance and 18 rehabilitation, carried out with funds made available under 19 this heading shall be repaid pursuant to existing authorities and agreements: Provided further, That the costs of 21 maintenance and rehabilitation activities carried out with 22 funds provided in this Act shall be repaid pursuant to ex23 isting authority, except the length of repayment period 24 shall be determined on needs-based criteria to be established and adopted by the Commissioner of the Bureau l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 69 1 of Reclamation, but in no case shall the repayment period 2 exceed 25 years. 3 DEPARTMENT OF ENERGY 4 ENERGY PROGRAMS 5 ENERGY EFFICIENCY AND RENEWABLE ENERGY 6 For an additional amount for ‘‘Energy Efficiency and 7 Renewable Energy’’, $18,500,000,000, which shall be used 8 as follows: 9 (1) $2,000,000,000 shall be for expenses nec10 essary for energy efficiency and renewable energy re11 search, development, demonstration and deployment 12 activities, to accelerate the development of tech13 nologies, to include advanced batteries, of which not 14 less than $800,000,000 is for biomass and 15 $400,000,000 is for geothermal technologies. 16 (2) $500,000,000 shall be for expenses nec17 essary to implement the programs authorized under 18 part E of title III of the Energy Policy and Con19 servation Act (42 U.S.C. 6341 et seq.). 20 (3) $1,000,000,000 shall be for the cost of 21 grants to institutional entities for energy sustain 22 ability and efficiency under section 399A of the En 23 ergy Policy and Conservation Act (42 U.S.C. 6371h- 24 1). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 70 1 (4) $6,200,000,000 shall be for the Weatheriza 2 tion Assistance Program under part A of title IV of 3 the Energy Conservation and Production Act (42 4 U.S.C. 6861 et seq.). (5) $3,500,000,000 shall be for Energy Effi6 ciency and Conservation Block Grants, for imple7 mentation of programs authorized under subtitle E 8 of title V of the Energy Independence and Security 9 Act of 2007 (42 U.S.C. 17151 et seq.). (6) $3,400,000,000 shall be for the State En11 ergy Program authorized under part D of title III 12 of the Energy Policy and Conservation Act (42 13 U.S.C. 6321). 14 (7) $200,000,000 shall be for expenses necessary to implement the programs authorized under 16 section 131 of the Energy Independence and Secu17 rity Act of 2007 (42 U.S.C. 17011). 18 (8) $300,000,000 shall be for expenses nec19 essary to implement the program authorized under section 124 of the Energy Policy Act of 2005 (42 21 U.S.C. 15821) and the Energy Star program. 22 (9) $400,000,000 shall be for expenses nec 23 essary to implement the program authorized under 24 section 721 of the Energy Policy Act of 2005 (42 U.S.C. 16071). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 71 1 (10) $1,000,000,000 shall be for expenses nec 2 essary for the manufacturing of advanced batteries 3 authorized under section 136(b)(1)(B) of the Energy 4 Independence and Security Act of 2007 (42 U.S.C. 17013(b)(1)(B)): 6 Provided, That notwithstanding section 3304 of title 5, 7 United States Code, and without regard to the provisions 8 of sections 3309 through 3318 of such title 5, the Sec9 retary of Energy may, upon a determination that there is a severe shortage of candidates or a critical hiring need 11 for particular positions, recruit and directly appoint highly 12 qualified individuals into the competitive service: Provided 13 further, That such authority shall not apply to positions 14 in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall 16 be consistent with the merit principles of section 2301 of 17 such title 5, and the Department shall comply with the 18 public notice requirements of section 3327 of such title 19 5. ELECTRICITY DELIVERY AND ENERGY RELIABILITY 21 For an additional amount for ‘‘Electricity Delivery 22 and Energy Reliability,’’ $4,500,000,000: Provided, That 23 funds shall be available for expenses necessary for elec24 tricity delivery and energy reliability activities to modernize the electric grid, enhance security and reliability of l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 72 1 the energy infrastructure, energy storage research, devel2 opment, demonstration and deployment, and facilitate re3 covery from disruptions to the energy supply, and for im4 plementation of programs authorized under title XIII of 5 the Energy Independence and Security Act of 2007 (42 6 U.S.C. 17381 et seq.): Provided further, That of such 7 amounts, $100,000,000 shall be for worker training: Pro8 vided further, That the Secretary of Energy may use or 9 transfer amounts provided under this heading to carry out 10 new authority for transmission improvements, if such au11 thority is enacted in any subsequent Act, consistent with 12 existing fiscal management practices and procedures. 13 ADVANCED BATTERY LOAN GUARANTEE PROGRAM 14 For the cost of guaranteed loans as authorized by 15 section 135 of the Energy Independence and Security Act 16 of 2007 (42 U.S.C. 17012), $1,000,000,000, to remain 17 available until expended: Provided, That of such amount, 18 $10,000,000 shall be used for administrative expenses in 19 carrying out the guaranteed loan program, and shall be 20 in lieu of the amount set aside under section 1106 of this 21 Act: Provided further, That the cost of such loans, includ22 ing the cost of modifying such loans, shall be as defined 23 in section 502 of the Congressional Budget Act of 1974. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 73 1 INSTITUTIONAL LOAN GUARANTEE PROGRAM 2 For the cost of guaranteed loans as authorized by 3 section 399A of the Energy Policy and Conservation Act 4 (42 U.S.C. 6371h–1), $500,000,000: Provided, That of such amount, $10,000,000 shall be used for administra6 tive expenses in carrying out the guaranteed loan pro7 gram, and shall be in lieu of the amount set aside under 8 section 1106 of this Act: Provided further, That the cost 9 of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional 11 Budget Act of 1974. 12 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM 13 For an additional amount for ‘‘Innovative Technology 14 Loan Guarantee Program’’ for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act 16 of 2005, $8,000,000,000: Provided, That of such amount, 17 $25,000,000 shall be used for administrative expenses in 18 carrying out the guaranteed loan program, and shall be 19 in lieu of the amount set aside under section 1106 of this Act: Provided further, That the cost of such loans, includ21 ing the cost of modifying such loans, shall be as defined 22 in section 502 of the Congressional Budget Act of 1974. 23 FOSSIL ENERGY 24 For an additional amount for ‘‘Fossil Energy’’, $2,400,000,000 for necessary expenses to demonstrate l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 74 1 carbon capture and sequestration technologies as author2 ized under section 702 of the Energy Independence and 3 Security Act of 2007. 4 SCIENCE For an additional amount for ‘‘Science’’, 6 $2,000,000,000: Provided, That of such amounts, not less 7 than $400,000,000 shall be used for the Advanced Re8 search Projects Agency—Energy authorized under section 9 5012 of the America COMPETES Act (42 U.S.C. 16538): Provided further, That of such amounts, not less than 11 $100,000,000 shall be used for advanced scientific com12 puting. 13 ENVIRONMENTAL AND OTHER DEFENSE 14 ACTIVITIES DEFENSE ENVIRONMENTAL CLEANUP 16 For an additional amount for ‘‘Defense Environ17 mental Cleanup,’’ $500,000,000: Provided, That such 18 amounts shall be used for elements of projects, programs, 19 or activities that can be completed using funds provided herein. 21 GENERAL PROVISIONS, THIS TITLE 22 SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY 23 INDEPENDENCE AND SECURITY ACT OF 2007. 24 (a) Section 543(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is amended— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 75 1 (1) by redesignating paragraphs (2) through 2 (4) as paragraphs (3) through (5), respectively; and 3 (2) by striking paragraph (1) and inserting the 4 following: ‘‘(1) 34 percent to eligible units of local govern6 ment–alternative 1, in accordance with subsection 7 (b); 8 ‘‘(2) 34 percent to eligible units of local govern9 ment–alternative 2, in accordance with subsection (b);’’. 11 (b) Section 548(a)(1) of the Energy Independence 12 and Security Act of 2007 (42 U.S.C. 17158(a)(1)) is 13 amending by striking ‘‘; provided’’ and all that follows 14 through ‘‘541(3)(B)’’. SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY 16 INDEPENDENCE AND SECURITY ACT OF 2007. 17 Title XIII of the Energy Independence and Security 18 Act of 2007 (15 U.S.C. 17381 and following) is amended 19 as follows: (1) By amending subparagraph (A) of section 21 1304(b)(3) to read as follows: 22 ‘‘(A) IN GENERAL.—In carrying out the 23 initiative, the Secretary shall provide financial 24 support to smart grid demonstration projects including those in rural areas and areas where l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 76 1 the majority of generation and transmission as 2 sets are controlled by a tax-exempt entity.’’. 3 (2) By amending subparagraph (C) of section 4 1304(b)(3) to read as follows: ‘‘(C) FEDERAL SHARE OF COST OF TECH6 NOLOGY INVESTMENTS.—The Secretary shall 7 provide to an electric utility described in sub8 paragraph (B) or to other parties financial as9 sistance for use in paying an amount equal to not more than 50 percent of the cost of quali11 fying advanced grid technology investments 12 made by the electric utility or other party to 13 carry out a demonstration project.’’. 14 (3) By inserting a new subparagraph (E) after 1304(b)(3)(D) as follows: 16 ‘‘(E) AVAILABILITY OF DATA.—The Sec17 retary shall establish and maintain a smart grid 18 information clearinghouse in a timely manner 19 which will make data from smart grid demonstration projects and other sources available 21 to the public. As a condition of receiving finan 22 cial assistance under this subsection, a utility or 23 other participant in a smart grid demonstration 24 project shall provide such information as the Secretary may require to become available l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 77 1 through the smart grid information clearing 2 house in the form and within the timeframes as 3 directed by the Secretary. The Secretary shall 4 assure that business proprietary information and individual customer information is not in6 cluded in the information made available 7 through the clearinghouse.’’. 8 (4) By amending paragraph (2) of section 9 1304(c) to read as follows: ‘‘(2) to carry out subsection (b), such sums as 11 may be necessary.’’. 12 (5) By amending subsection (a) of section 1306 13 by striking ‘‘reimbursement of one-fifth (20 per14 cent)’’ and inserting ‘‘grants of up to one-half (50 percent)’’. 16 (6) By striking the last sentence of subsection 17 (b)(9) of section 1306. 18 (7) By striking ‘‘are eligible for’’ in subsection 19 (c)(1) of section 1306 and inserting ‘‘utilize’’. (8) By amending subsection (e) of section 1306 21 to read as follows: 22 ‘‘(e) PROCEDURES AND RULES.—The Secretary 23 shall— 24 ‘‘(1) establish within 60 days after the enactment of the American Recovery and Reinvestment l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 78 1 Act of 2009 procedures by which applicants can ob 2 tain grants of not more than one-half of their docu 3 mented costs; 4 ‘‘(2) establish procedures to ensure that there is no duplication or multiple payment for the same in6 vestment or costs, that the grant goes to the party 7 making the actual expenditures for qualifying smart 8 grid investments, and that the grants made have sig9 nificant effect in encouraging and facilitating the development of a smart grid; 11 ‘‘(3) maintain public records of grants made, 12 recipients, and qualifying smart grid investments 13 which have received grants; 14 ‘‘(4) establish procedures to provide advance payment of moneys up to the full amount of the 16 grant award; and 17 ‘‘(5) have and exercise the discretion to deny 18 grants for investments that do not qualify in the 19 reasonable judgment of the Secretary.’’. SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER 21 TRANSMISSION LOAN GUARANTEE PRO22 GRAMS. 23 (a) AMENDMENT.—Title XVII of the Energy Policy 24 Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding the following at the end: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 79 ‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY MENT OF RENEWABLE ENERGY AND ELEC TRIC POWER TRANSMISSION PROJECTS. ‘‘(a) IN GENERAL.—Notwithstanding section 1703, the Secretary may make guarantees under this section only for commercial technology projects under subsection (b) that will commence construction not later than September 30, 2011. ‘‘(b) CATEGORIES.—Projects from only the following categories shall be eligible for support under this section: ‘‘(1) Renewable energy systems. ‘‘(2) Electric power transmission systems. ‘‘(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) SUNSET.—The authority to enter into guarantees under this section shall expire on September 30, 2011.’’. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 80 1 (b) TABLE OF CONTENTS AMENDMENT.—The table 2 of contents for the Energy Policy Act of 2005 is amended 3 by inserting after the item relating to section 1704 the 4 following new item: ‘‘Sec. 1705. Temporary program for rapid deployment of renewable energy and electric power transmission projects.’’. 5 SEC. 5004. WESTERN AREA POWER ADMINISTRATION BOR6 ROWING AUTHORITY. 7 The Hoover Power Plant Act of 1984 (Public Law 8 98-381) is amended by adding at the end the following: 9 ‘‘TITLE III—BORROWING 10 AUTHORITY 11 ‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR12 ROWING AUTHORITY. 13 ‘‘(a) DEFINITIONS.—In this section— 14 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis15 trator’ means the Administrator of the Western 16 Area Power Administration. 17 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 18 the Secretary of the Treasury. 19 ‘‘(b) AUTHORITY.— 20 ‘‘(1) IN GENERAL.—Notwithstanding any other 21 provision of law, subject to paragraphs (2) through 22 (5)— 23 ‘‘(A) the Western Area Power Administra 24 tion may borrow funds from the Treasury; and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 81 1 ‘‘(B) the Secretary shall, without further 2 appropriation and without fiscal year limitation, 3 loan to the Western Area Power Administra 4 tion, on such terms as may be fixed by the Administrator and the Secretary, such sums (not 6 to exceed, in the aggregate (including deferred 7 interest), $3,250,000,000 in outstanding repay8 able balances at any 1 time) as, in the judg9 ment of the Administrator, are from time to time required for the purpose of— 11 ‘‘(i) constructing, financing, facili12 tating, or studying construction of new or 13 upgraded electric power transmission lines 14 and related facilities with at least 1 terminus within the area served by the West16 ern Area Power Administration; and 17 ‘‘(ii) delivering or facilitating the de18 livery of power generated by renewable en19 ergy resources constructed or reasonably expected to be constructed after the date 21 of enactment of this section. 22 ‘‘(2) INTEREST.—The rate of interest to be 23 charged in connection with any loan made pursuant 24 to this subsection shall be fixed by the Secretary, taking into consideration market yields on out- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 82 1 standing marketable obligations of the United States 2 of comparable maturities as of the date of the loan. 3 ‘‘(3) REFINANCING.—The Western Area Power 4 Administration may refinance loans taken pursuant to this section within the Treasury. 6 ‘‘(4) PARTICIPATION.—The Administrator may 7 permit other entities to participate in projects fi8 nanced under this section. 9 ‘‘(5) CONGRESSIONAL REVIEW OF DISBURSEMENT.— Effective upon the date of enactment of this 11 section, the Administrator shall have the authority 12 to have utilized $1,750,000,000 at any one time. If 13 the Administrator seeks to borrow funds above 14 $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first 16 such request, a joint resolution that rescinds the re17 mainder of the balance of the borrowing authority 18 provided in this section. 19 ‘‘(c) TRANSMISSION LINE AND RELATED FACILITY PROJECTS.— 21 ‘‘(1) IN GENERAL.—For repayment purposes, 22 each transmission line and related facility project in 23 which the Western Area Power Administration par 24 ticipates pursuant to this section shall be treated as separate and distinct from— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 83 1 ‘‘(A) each other such project; and 2 ‘‘(B) all other Western Area Power Admin 3 istration power and transmission facilities. 4 ‘‘(2) PROCEEDS.—The Western Area Power Administration shall apply the proceeds from the use 6 of the transmission capacity from an individual 7 project under this section to the repayment of the 8 principal and interest of the loan from the Treasury 9 attributable to that project, after reserving such funds as the Western Area Power Administration 11 determines are necessary— 12 ‘‘(A) to pay for any ancillary services that 13 are provided; and 14 ‘‘(B) to meet the costs of operating and maintaining the new project from which the 16 revenues are derived. 17 ‘‘(3) SOURCE OF REVENUE.—Revenue from the 18 use of projects under this section shall be the only 19 source of revenue for— ‘‘(A) repayment of the associated loan for 21 the project; and 22 ‘‘(B) payment of expenses for ancillary 23 services and operation and maintenance. 24 ‘‘(4) LIMITATION ON AUTHORITY.—Nothing in this section confers on the Administrator any obliga l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 84 1 tion to provide ancillary services to users of trans 2 mission facilities developed under this section. 3 ‘‘(d) CERTIFICATION.— 4 ‘‘(1) IN GENERAL.—For each project in which 5 the Western Area Power Administration participates 6 pursuant to this section, the Administrator shall cer7 tify, prior to committing funds for any such project, 8 that— 9 ‘‘(A) the project is in the public interest; 10 ‘‘(B) the project will not adversely impact 11 system reliability or operations, or other statu12 tory obligations; and 13 ‘‘(C) it is reasonable to expect that the 14 proceeds from the project shall be adequate to 15 make repayment of the loan. 16 ‘‘(2) FORGIVENESS OF BALANCES.— 17 ‘‘(A) IN GENERAL.—If, at the end of the 18 useful life of a project, there is a remaining bal19 ance owed to the Treasury under this section, 20 the balance shall be forgiven. 21 ‘‘(B) UNCONSTRUCTED PROJECTS.—Funds 22 expended to study projects that are considered 23 pursuant to this section but that are not con 24 structed shall be forgiven. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 85 1 ‘‘(C) NOTIFICATION.—The Administrator 2 shall notify the Secretary of such amounts as 3 are to be forgiven under this paragraph. 4 ‘‘(e) PUBLIC PROCESSES.— 5 ‘‘(1) POLICIES AND PRACTICES.—Prior to re6 questing any loans under this section, the Adminis7 trator shall use a public process to develop practices 8 and policies that implement the authority granted by 9 this section. 10 ‘‘(2) REQUESTS FOR INTERESTS.—In the 11 course of selecting potential projects to be funded 12 under this section, the Administrator shall seek re13 quests for interest from entities interested in identi14 fying potential projects through one or more notices 15 published in the Federal Register.’’. 16 SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS. 17 (a) INCOME LEVEL.—Section 412(7) of the Energy 18 Conservation and Production Act (42 U.S.C. 6862(7)) is 19 amended by striking ‘‘150 percent’’ both places it appears 20 and inserting ‘‘200 percent’’. 21 (b) ASSISTANCE LEVEL PER DWELLING UNIT.— 22 Section 415(c)(1) of the Energy Conservation and Produc23 tion Act (42 U.S.C. 6865(c)(1)) is amended by striking 24 ‘‘$2,500’’ and inserting ‘‘$5,000’’. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 86 1 SEC. 5006. BONNEVILLE POWER ADMINISTRATION. 2 For the purposes of providing funds to assist in fi3 nancing the construction, acquisition, and replacement of 4 the transmission system of the Bonneville Power Adminis5 tration and to implement the authority of the Adminis6 trator under the Pacific Northwest Electric Power Plan7 ning and Conservation Act (16 U.S.C. 839 et seq.), an 8 additional $3,250,000,000 in borrowing authority is made 9 available under the Federal Columbia River Transmission 10 System Act (16 U.S.C. 838 et seq.), to remain outstanding 11 at any time. 12 SEC. 5007. RENEWABLE ELECTRICITY TRANSMISSION 13 STUDY. 14 In completing the 2009 National Electric Trans15 mission Congestion Study, the Secretary of Energy shall 16 include— 17 (1) an analysis of the significant potential 18 sources of renewable energy that are constrained in 19 accessing appropriate market areas by lack of ade20 quate transmission capacity; 21 (2) an analysis of the reasons for failure to de 22 velop the adequate transmission capacity; and 23 (3) recommendations for achieving adequate 24 transmission capacity. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 87 SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY. Not to exceed 20 percent of the amounts made available in this Act to the Department of Energy for ‘‘Energy Efficiency and Renewable Energy’’, ‘‘Electricity Delivery and Energy Reliability’’, and ‘‘Advanced Battery Loan Guarantee Program’’ may be transferred within and between such accounts, except that no amount specified under any such heading may be increased or decreased by more than a total of 20 percent by such transfers, and notification of such transfers shall be submitted promptly to the Committees on Appropriations of the House of Representatives and the Senate. TITLE VI—FINANCIAL SERVICES AND GENERAL GOVERNMENT Subtitle A—General Services GENERAL SERVICES ADMINISTRATION FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFER OF FUNDS) For an additional amount to be deposited in the Federal Buildings Fund, $7,700,000,000 for real property activities with priority given to activities that can commence promptly following enactment of this Act; of which up to $1,000,000,000 shall be used for construction, repair, and alteration of border facilities and land ports of entry; of which not less than $6,000,000,000 shall be used for con- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 88 1 struction, repair, and alteration of Federal buildings for 2 projects that will create the greatest impact on energy effi3 ciency and conservation; of which $108,000,000 shall re4 main available until September 30, 2012, and shall be used for rental of space costs associated with the construc6 tion, repair, and alteration of these projects; Provided, 7 That of the amounts provided, $160,000,000 shall remain 8 available until September 30, 2012, and shall be for build9 ing operations in support of the activities described in this paragraph: Provided further, That the preceding proviso 11 shall apply to this appropriation in lieu of the provisions 12 of section 1106 of this Act: Provided further, That the Ad13 ministrator of General Services is authorized to initiate 14 design, construction, repair, alteration, leasing, and other projects through existing authorities of the Administrator: 16 Provided further, That the Administrator shall submit a 17 detailed plan, by project, regarding the use of funds to 18 the Committees on Appropriations of the House of Rep19 resentatives and the Senate within 30 days after enactment of this Act, and shall provide notification to the 21 Committees within 15 days prior to any changes regarding 22 the use of these funds: Provided further, That the Admin23 istrator shall report to the Committees on the obligation 24 of these funds on a quarterly basis beginning on June 30, 2009: Provided further, That of the amounts provided, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 89 1 $4,000,000 shall be transferred to and merged with ‘‘Gov2 ernment-Wide Policy’’, for the Office of Federal High-Per3 formance Green Buildings as authorized in the Energy 4 Independence and Security Act of 2007 (Public Law 110– 140). 6 ENERGY EFFICIENT FEDERAL MOTOR VEHICLE FLEET 7 PROCUREMENT 8 For capital expenditures and necessary expenses of 9 the General Services Administration’s Motor Vehicle Acquisition and Motor Vehicle Leasing programs for the ac11 quisition of motor vehicles, including plug-in and alter12 native fuel vehicles, $600,000,000: Provided, That the 13 amount set aside from this appropriation pursuant to sec14 tion 1106 of this Act shall be 1 percent instead of the percentage specified in such section: Provided further, 16 That none of these funds may be obligated until the Ad17 ministrator of General Services submits to the Committees 18 on Appropriations of the House of Representatives and the 19 Senate, within 90 days after enactment of this Act, a plan for expenditure of the funds that details the current inven21 tory of the Federal fleet owned by the General Services 22 Administration, as well as other Federal agencies, and the 23 strategy to expend these funds to replace a portion of the 24 Federal fleet with the goal of substantially increasing energy efficiency over the current status, including increas l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 90 1 ing fuel efficiency and reducing emissions: Provided fur2 ther, That the Administrator shall report to the Commit3 tees on the obligation of these funds on a quarterly basis 4 beginning on June 30, 2009. 5 Subtitle B—Small Business 6 SMALL BUSINESS ADMINISTRATION 7 BUSINESS LOANS PROGRAM ACCOUNT 8 (INCLUDING TRANSFERS OF FUNDS) 9 For the cost of direct loans and loan guarantees au10 thorized by sections 6202 through 6205 of this Act, 11 $426,000,000: Provided, That such cost, including the 12 cost of modifying such loans, shall be as defined in section 13 502 of the Congressional Budget Act of 1974. In addition, 14 for administrative expenses to carry out the direct loan 15 and loan guarantee programs authorized by this Act, 16 $4,000,000, which may be transferred to and merged with 17 the appropriations for Salaries and Expenses: Provided, 18 That this sentence shall apply to this appropriation in lieu 19 of the provisions of section 1106 of this Act. 20 GENERAL PROVISIONS, THIS SUBTITLE 21 SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR 22 SMALL BUSINESSES. 23 (a) PURPOSE.—The purpose of this section is to per24 mit the Small Business Administration to guarantee up l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 91 1 to 95 percent of qualifying small business loans made by 2 eligible lenders. 3 (b) DEFINITIONS.—For purposes of this section: 4 (1) The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. 6 (2) The term ‘‘qualifying small business loan’’ 7 means any loan to a small business concern that 8 would be eligible for a loan guarantee under section 9 7(a) of the Small Business Act (15 U.S.C. 636) or title V of the Small Business Investment Act of 11 1958 (15 U.S.C. 695 and following). 12 (3) The term ‘‘small business concern’’ has the 13 same meaning as provided by section 3 of the Small 14 Business Act (15 U.S.C. 632). (c) APPLICATION.—In order to participate in the loan 16 guarantee program under this section a lender shall sub17 mit an application to the Administrator for the guarantee 18 of up to 95 percent of the principal amount of a qualifying 19 small business loan. The Administrator shall approve or deny each such application within 5 business days after 21 receipt thereof. The Administrator may not delegate to 22 lenders the authority to approve or disapprove such appli23 cations. 24 (d) FEES.—The Administrator may charge fees for guarantees issued under this section. Such fees shall not l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 92 1 exceed the fees permitted for loan guarantees under sec2 tion 7(a) of the Small Business Act (15 U.S.C. 631 and 3 following). 4 (e) INTEREST RATES.—The Administrator may not guarantee under this section any loan that bears interest 6 at a rate higher than 3 percent above the higher of either 7 of the following as quoted in the Wall Street Journal on 8 the first business day of the week in which such guarantee 9 is issued: (1) The London interbank offered rate 11 (LIBOR) for a 3-month period. 12 (2) The Prime Rate. 13 (f) QUALIFIED BORROWERS.— 14 (1) ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.—A loan guarantee may not be 16 made under this section for a loan made to a con17 cern if an individual who is an alien unlawfully 18 present in the United States— 19 (A) has an ownership interest in that concern; or 21 (B) has an ownership interest in another 22 concern that itself has an ownership interest in 23 that concern. 24 (2) FIRMS IN VIOLATION OF IMMIGRATION LAWS.—No loan guarantee may be made under this l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 93 1 section for a loan to any entity found, based on a 2 determination by the Secretary of Homeland Secu 3 rity or the Attorney General to have engaged in a 4 pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States an 6 alien knowing the person is an unauthorized alien. 7 (g) CRIMINAL BACKGROUND CHECKS.—Prior to the 8 approval of any loan guarantee under this section, the Ad9 ministrator may verify the applicant’s criminal background, or lack thereof, through the best available means, 11 including, if possible, use of the National Crime Informa12 tion Center computer system at the Federal Bureau of In13 vestigation. 14 (h) APPLICATION OF OTHER LAW.—Nothing in this section shall be construed to exempt any activity of the 16 Administrator under this section from the Federal Credit 17 Reform Act of 1990 (title V of the Congressional Budget 18 and Impoundment Control Act of 1974; 2 U.S.C. 661 and 19 following). (i) SUNSET.—Loan guarantees may not be issued 21 under this section after the date 90 days after the date 22 of establishment (as determined by the Administrator) of 23 the economic recovery program under section 6204. 24 (j) SMALL BUSINESS ACT PROVISIONS.—The provisions of the Small Business Act applicable to loan guaran l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 94 1 tees under section 7 of that Act shall apply to loan guaran2 tees under this section except as otherwise provided in this 3 section. 4 (k) AUTHORIZATION.—There are authorized to be ap5 propriated such sums as may be necessary to carry out 6 this section. 7 SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET 8 LENDING AUTHORITY. 9 (a) PURPOSE.—The purpose of this section is to pro10 vide the Small Business Administration with the authority 11 to establish a Secondary Market Lending Authority within 12 the SBA to make loans to the systemically important SBA 13 secondary market broker-dealers who operate the SBA 14 secondary market. 15 (b) DEFINITIONS.—For purposes of this section: 16 (1) The term ‘‘Administrator’’ means the Ad17 ministrator of the SBA. 18 (2) The term ‘‘SBA’’ means the Small Business 19 Administration. 20 (3) The terms ‘‘Secondary Market Lending Au21 thority’’ and ‘‘Authority’’ mean the office established 22 under subsection (c). 23 (4) The term ‘‘SBA secondary market’’ means 24 the market for the purchase and sale of loans origi l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 95 1 nated, underwritten, and closed under the Small 2 Business Act. 3 (5) The term ‘‘Systemically Important Sec 4 ondary Market Broker-Dealers’’ mean those entities designated under subsection (c)(1) as vital to the 6 continued operation of the SBA secondary market 7 by reason of their purchase and sale of the govern8 ment guaranteed portion of loans, or pools of loans, 9 originated, underwritten, and closed under the Small Business Act. 11 (c) RESPONSIBILITIES, AUTHORITIES, ORGANIZA12 TION, AND LIMITATIONS.— 13 (1) DESIGNATION OF SYSTEMICALLY IMPOR14 TANT SBA SECONDARY MARKET BROKER-DEAL- ERS.—The Administrator shall establish a process to 16 designate, in consultation with the Board of Gov17 ernors of the Federal Reserve and the Secretary of 18 the Treasury, Systemically Important Secondary 19 Market Broker-Dealers. (2) ESTABLISHMENT OF SBA SECONDARY MAR 21 KET LENDING AUTHORITY.— 22 (A) ORGANIZATION.— 23 (i) The Administrator shall establish 24 within the SBA an office to provide loans to Systemically Important Secondary Mar l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 96 1 ket Broker-dealers to be used for the pur 2 pose of financing the inventory of the gov 3 ernment guaranteed portion of loans, origi 4 nated, underwritten, and closed under the 5 Small Business Act or pools of such loans. 6 (ii) The Administrator shall appoint a 7 Director of the Authority who shall report 8 to the Administrator. 9 (iii) The Administrator is authorized 10 to hire such personnel as are necessary to 11 operate the Authority. 12 (iv) The Administrator may contract 13 such Authority operations as he determines 14 necessary to qualified third-party compa15 nies or individuals. 16 (v) The Administrator is authorized to 17 contract with private sector fiduciary and 18 custodial agents as necessary to operate 19 the Authority. 20 (B) LOANS.— 21 (i) The Administrator shall establish 22 by rule a process under which Systemically 23 Important SBA Secondary Market Broker 24 Dealers designated under paragraph (1) l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 97 1 may apply to the Administrator for loans 2 under this section. 3 (ii) The rule under clause (i) shall 4 provide a process for the Administrator to 5 consider and make decisions regarding 6 whether or not to extend a loan applied for 7 under this section. Such rule shall include 8 provisions to assure each of the following: 9 (I) That loans made under this 10 section are for the sole purpose of fi11 nancing the inventory of the govern12 ment guaranteed portion of loans, 13 originated, underwritten, and closed 14 under the Small Business Act or pools 15 of such loans. 16 (II) That loans made under this 17 section are fully collateralized to the 18 satisfaction of the Administrator. 19 (III) That there is no limit to the 20 frequency in which a borrower may 21 borrow under this section unless the 22 Administrator determines that doing 23 so would create an undue risk of loss 24 to the agency or the United States. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 98 1 (IV) That there is no limit on the 2 size of a loan, subject to the discretion 3 of the Administrator. 4 (iii) Interest on loans under this section shall not exceed the Federal Funds 6 target rate as established by the Federal 7 Reserve Board of Governors plus 25 basis 8 points. 9 (iv) The rule under this section shall provide for such loan documents, legal cov11 enants, collateral requirements and other 12 required documentation as necessary to 13 protect the interests of the agency, the 14 United States, and the taxpayer. (v) The Administrator shall establish 16 custodial accounts to safeguard any collat17 eral pledged to the SBA in connection with 18 a loan under this section. 19 (vi) The Administrator shall establish a process to disburse and receive funds to 21 and from borrowers under this section. 22 (C) LIMITATIONS ON USE OF LOAN PRO23 CEEDS BY SYSTEMICALLY IMPORTANT SEC24 ONDARY MARKET BROKER-DEALERS.—The Administrator shall ensure that borrowers under l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 99 1 this section are using funds provided under this 2 section only for the purpose specified in sub 3 paragraph (B)(ii)(I). If the Administrator finds 4 that such funds were used for any other purpose, the Administrator shall— 6 (i) require immediate repayment of 7 outstanding loans; 8 (ii) prohibit the borrower, its affili9 ates, or any future corporate manifestation of the borrower from using the Authority; 11 and 12 (iii) take any other actions the Ad13 ministrator, in consultation with the Attor14 ney General of the United States, deems appropriate. 16 (d) REPORT TO CONGRESS.—The Administrator shall 17 submit a report to Congress not later than the third busi18 ness day of each month containing a statement of each 19 of the following: (1) The aggregate loan amounts extended dur 21 ing the preceding month under this section. 22 (2) The aggregate loan amounts repaid under 23 this section during the proceeding month. 24 (3) The aggregate loan amount outstanding under this section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 100 1 (4) The aggregate value of assets held as collat 2 eral under this section; 3 (5) The amount of any defaults or delinquencies 4 on loans made under this section. (6) The identity of any borrower found by the 6 Administrator to misuse funds made available under 7 this section. 8 (7) Any other information the Administrator 9 deems necessary to fully inform Congress of undue risk of financial loss to the United States in connec11 tion with loans made under this section. 12 (e) DURATION.—The authority of this section shall 13 remain in effect for a period of 2 years after the date of 14 enactment of this section. (f) FUNDING.—Such sums as necessary are author16 ized to be appropriated to carry out the provisions of this 17 section. 18 (g) BUDGET TREATMENT.—Nothing in this section 19 shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform 21 Act of 1990 (title V of the Congressional Budget and Im22 poundment Control Act of 1974; 2 U.S.C. 661 and fol23 lowing). 24 (h) EMERGENCY RULEMAKING AUTHORITY.—The Administrator shall promulgate regulations under this sec l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 101 1 tion within 15 days after the date of enactment of enact2 ment of this section. In promulgating these regulations, 3 the Administrator the notice requirements of section 4 553(b) of title 5 of the United States Code shall not apply. 5 SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET 6 GUARANTEE AUTHORITY. 7 (a) PURPOSE.—The purpose of this section is to pro8 vide the Administrator with the authority to establish the 9 SBA Secondary Market Guarantee Authority within the 10 SBA to provide a Federal guarantee for pools of first lien 11 504 loans that are to be sold to third-party investors. 12 (b) DEFINITIONS.—For purposes of this section: 13 (1) The term ‘‘Administrator’’ means the Ad14 ministrator of the Small Business Administration. 15 (2) The term ‘‘first lien position 504 loan’’ 16 means the first mortgage position, non-federally 17 guaranteed loans made by private sector lenders 18 made under title V of the Small Business Invest19 ment Act. 20 (c) ESTABLISHMENT OF AUTHORITY.— 21 (1) ORGANIZATION.— 22 (A) The Administrator shall establish a 23 Secondary Market Guarantee Authority within 24 the Small Business Administration. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 102 1 (B) The Administrator shall appoint a Di 2 rector of the Authority who shall report to the 3 Administrator. 4 (C) The Administrator is authorized to hire such personnel as are necessary to operate 6 the Authority and may contract such operations 7 of the Authority as necessary to qualified third8 party companies or individuals. 9 (D) The Administrator is authorized to contract with private sector fiduciary and custo11 dial agents as necessary to operate the Author12 ity. 13 (2) GUARANTEE PROCESS.— 14 (A) The Administrator shall establish, by rule, a process in which private sector entities 16 may apply to the Administration for a Federal 17 guarantee on pools of first lien position 504 18 loans that are to be sold to third-party inves19 tors. (B) The Administrator shall appoint a Di 21 rector of the Authority who shall report to the 22 Administrator. 23 (C) The Administrator is authorized to 24 hire such personnel as are necessary to operate the Authority and may contract such operations l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 103 1 of the Authority as necessary to qualified third 2 party companies or individuals. 3 (D) The Administrator is authorized to 4 contract with private sector fiduciary and custodial agents as necessary to operate the Author6 ity. 7 (3) RESPONSIBILITIES.— 8 (A) The Administrator shall establish, by 9 rule, a process in which private sector entities may apply to the SBA for a Federal guarantee 11 on pools of first lien position 504 loans that are 12 to be sold to third-party investors. 13 (B) The rule under this section shall pro14 vide for a process for the Administrator to consider and make decisions regarding whether to 16 extend a Federal guarantee referred to in 17 clause (i). Such rule shall also provide that: 18 (i) The seller of the pools purchasing 19 a guarantee under this section retains not less than 5 percent of the dollar amount of 21 the pools to be sold to third-party inves22 tors. 23 (ii) The seller of such pools shall ab 24 sorb any and all losses resulting from a shortage or excess of monthly cash flows. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 104 1 (iii) The Administrator shall receive a 2 monthly fee of not more than 50 basis 3 points on the outstanding balance of the 4 dollar amount of the pools that are guar 5 anteed. 6 (iv) The Administrator may guarantee 7 not more than $3,000,000,0000 of pools 8 under this authority. 9 (C) The Administrator shall establish doc10 uments, legal covenants, and other required 11 documentation to protect the interests of the 12 United States. 13 (D) The Administrator shall establish a 14 process to receive and disburse funds to entities 15 under the authority established in this section. 16 (d) LIMITATIONS.— 17 (1) The Administrator shall ensure that entities 18 purchasing a guarantee under this section are using 19 such guarantee for the purpose of selling 504 first 20 lien position pools to third-party investors. 21 (2) If the Administrator finds that any such 22 guarantee was used for a purpose other than that 23 specified in paragraph (1), the Administrator shall— 24 (A) terminate such guarantee immediately, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 105 1 (B) prohibit the purchaser of the guar 2 antee or its affiliates (within the meaning of the 3 regulations under 13 CFR 121.103) from using 4 the authority of this section in the future; and 5 (C) take any other actions the Adminis6 trator, in consultation with the Attorney Gen7 eral of the United States deems appropriate. 8 (e) OVERSIGHT.—The Administrator shall submit a 9 report to Congress not later than the third business day 10 of each month setting forth each of the following: 11 (1) The aggregate amount of guarantees ex12 tended under this section during the proceeding 13 month. 14 (2) The aggregate amount of guarantees out15 standing. 16 (3) Defaults and payments on defaults made 17 under this section. 18 (4) The identity of each purchaser of a guar19 antee found by the Administrator to have misused 20 guarantees under this section. 21 (5) Any other information the Administrator 22 deems necessary to fully inform Congress of undue 23 risk to the United States associated with the 24 issuance of guarantees under this section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 106 1 (f) DURATION OF PROGRAM.—The authority of this 2 section shall terminate on the date 2 years after the date 3 of enactment of this section. 4 (g) FUNDING.—Such sums as necessary are authorized to be appropriated to carry out the provisions of this 6 section. 7 (h) BUDGET TREATMENT.—Nothing in this section 8 shall be construed to exempt any activity of the Adminis9 trator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Im11 poundment Control Act of 1974; 2 U.S.C. 661 and fol12 lowing). 13 (i) EMERGENCY RULEMAKING AUTHORITY.—The 14 Administrator shall issue regulations under this section within 15 days after the date of enactment of this section. 16 The notice requirements of section 553(b) of Title 5, 17 United States Code shall not apply to the promulgation 18 of such regulations. 19 SEC. 6204. ECONOMIC RECOVERY PROGRAM. (a) PURPOSE.—The purpose of this section is to es21 tablish a new lending and refinancing authority within the 22 Small Business Administration. 23 (b) DEFINITIONS.—For purposes of this section: 24 (1) The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 107 1 (2) The term ‘‘small business concern’’ has the 2 same meaning as provided by section 3 of the Small 3 Business Act (15 U.S.C. 632). 4 (c) REFINANCING AUTHORITY.— 5 (1) IN GENERAL.—Upon application from a 6 lender (and with consent of the borrower), the Ad7 ministrator may refinance existing non-Small Busi8 ness Administration or Small Business Administra9 tion loans (including loans under sections 7(a) and 10 504 of the Small Business Act) made to small busi11 ness concerns. 12 (2) ELIGIBLE LOANS.—In order to be eligible 13 for refinancing under this section— 14 (A) the amount of the loan refinanced may 15 not exceed $10,000,000 and a first lien must be 16 conveyed to the Administrator; 17 (B) the lender shall offer to accept from 18 the Administrator as full repayment of the loan 19 an amount equal to less than 100 percent but 20 more than 85 percent of the remaining balance 21 of the principal of the loan; and 22 (C) the loan to be refinanced was made be 23 fore the date of enactment of this Act and for 24 a purpose that would have been eligible for a l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 108 1 loan under any Small Business Administration 2 lending program. 3 (3) TERMS.—The term of the refinancing by 4 the Administrator under this section shall not be less than remaining term on the loan that is refi6 nanced but shall not exceed a term of 20 years. The 7 rate of interest on the loan refinanced under this 8 section shall be fixed by the Administrator at a level 9 that the Administrator determines will result in manageable monthly payments for the borrower. 11 (4) LIMIT.—The Administrator may not refi12 nance amounts under this section that are greater 13 than the amount the lender agrees to accept from 14 the Administrator as full repayment of the loan as provided in paragraph (2)(B). 16 (d) UNDERWRITING AND OTHER LOAN SERVICES.— 17 (1) IN GENERAL.—The Administrator is au18 thorized to engage in underwriting, loan closing, 19 funding, and servicing of loans made to small business concerns and to guarantee loans made by other 21 entities to small business concerns. 22 (2) APPLICATION PROCESS.—The Adminis 23 trator shall by rule establish a process in which 24 small business concerns may submit applications to the Administrator for the purposes of securing a l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 109 1 loan under this subsection. The Administrator shall, 2 at a minimum, collect all information necessary to 3 determine the creditworthiness and repayment abil 4 ity of the borrower. (3) PARTICIPATION OF LENDERS.— 6 (A) The Administrator shall by rule estab7 lish a process in which the Administrator makes 8 available loan applications and all accom9 panying information to lenders for the purpose of such lenders originating, underwriting, clos11 ing, and servicing such loans. 12 (B) Lenders are eligible to receive loan ap13 plications and accompanying information under 14 this paragraph if they participate in the programs established in section 7(a) of the Small 16 Business Act (15 U.S.C. 636) or title V of the 17 Small Business Investment Act (15 U.S.C. 18 695). 19 (C) The Administrator shall first make available such loan applications and accom 21 panying information to lenders within 100 miles 22 of a loan applicant’s principal office. 23 (D) If a lender described in subparagraph 24 (C) does not agree to originate, underwrite, close, and service such loans within 5 business l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 110 1 days of receiving the loan applications, the Ad 2 ministrator shall subsequently make available 3 such loan applications and accompanying infor 4 mation to lenders in the Preferred Lenders Pro 5 gram under section 7(a)(2)(C)(ii) of the Small 6 Business Act (15 U.S.C. 636). 7 (E) If a lender described in subparagraph 8 (C) or (D) does not agree to originate, under9 write, close, and service such loans within 10 10 business days of receiving the loan applications, 11 the Administrator may originate, underwrite, 12 close, and service such loans as described in 13 paragraph (1) of this subsection. 14 (4) ASSET SALES.—The Administrator shall 15 offer to sell loans made or refinanced by the Admin16 istrator under this section. Such sales shall be made 17 through semi-annual public solicitation (in the Fed18 eral Register and in other media) of offers to pur19 chase. The Administrator may contract with vendors 20 for due diligence, asset valuation, and other services 21 related to such sales. The Administrator may not 22 sell any loan under this section for less than 90 per 23 cent of the net present value of the loan, as deter 24 mined and certified by a qualified third-party. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 111 1 (5) LOANS NOT SOLD.—The Administrator 2 shall maintain and service loans made by the Admin 3 istrator under this section that are not sold through 4 the asset sales under this section. 5 (e) DURATION.— The authority of this section shall 6 terminate on the date two years after the date on which 7 the program under this section becomes operational (as 8 determined by the Administrator). 9 (f) APPLICATION OF OTHER LAW.—Nothing in this 10 section shall be construed to exempt any activity of the 11 Administrator under this section from the Federal Credit 12 Reform Act of 1990 (title V of the Congressional Budget 13 and Impoundment Control Act of 1974; 2 U.S.C. 661 and 14 following). 15 (g) QUALIFIED LOANS.— 16 (1) ALIENS UNLAWFULLY PRESENT IN THE 17 UNITED STATES.—A loan to any concern shall not 18 be subject to this section if an individual who is an 19 alien unlawfully present in the United States— 20 (A) has an ownership interest in that con21 cern; or 22 (B) has an ownership interest in another 23 concern that itself has an ownership interest in 24 that concern. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 112 1 (2) FIRMS IN VIOLATION OF IMMIGRATION 2 LAWS.—No loan shall be subject to this section if 3 the borrower is an entity found, based on a deter 4 mination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern 6 or practice of hiring, recruiting or referring for a 7 fee, for employment in the United States an alien 8 knowing the person is an unauthorized alien. 9 (h) REPORTS.—The Administrator shall submit a report to Congress semi-annually setting forth the aggregate 11 amount of loans and geographic dispersion of such loans 12 made, underwritten, closed, funded, serviced, sold, guaran13 teed, or held by the Administrator under the authority of 14 this section. Such report shall also set forth information concerning loan defaults, prepayments, and recoveries re16 lated to loans ,made under the authority of this section. 17 (i) AUTHORIZATION.—There are authorized to be ap18 propriated such sums as may be necessary to carry out 19 this section. SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT 21 LENDING. 22 (a) REFINANCING UNDER THE LOCAL DEVELOP23 MENT BUSINESS LOAN PROGRAM.—Section 502 of the 24 Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 113 1 ‘‘(7) PERMISSIBLE DEBT REFINANCING.— 2 ‘‘(A) IN GENERAL.—Any financing ap 3 proved under this title may include a limited 4 amount of debt refinancing. 5 ‘‘(B) EXPANSIONS.—If the project involves 6 expansion of a small business concern which 7 has existing indebtedness collateralized by fixed 8 assets, any amount of existing indebtedness 9 that does not exceed 1/2 of the project cost of 10 the expansion may be refinanced and added to 11 the expansion cost, if— 12 ‘‘(i) the proceeds of the indebtedness 13 were used to acquire land, including a 14 building situated thereon, to construct a 15 building thereon, or to purchase equip16 ment; 17 ‘‘(ii) the borrower has been current on 18 all payments due on the existing debt for 19 not less than 1 year preceding the date of 20 refinancing; and 21 ‘‘(iii) the financing under section 504 22 will provide better terms or rate of interest 23 than exists on the debt at the time of refi 24 nancing.’’. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 114 1 (b) JOB CREATION GOALS.—Section 501(e)(1) and 2 section 501(e)(2) of the Small Business Investment Act 3 (15 U.S.C. 695) are each amended by striking ‘‘$50,000’’ 4 and inserting ‘‘$65,000’’. SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT. 6 (a) SIMPLIFIED MAXIMUM LEVERAGE LIMITS.—Sec7 tion 303(b) of the Small Business Investment Act of 1958 8 (15 U.S.C. 683(b)) is amended— 9 (1) by striking so much of paragraph (2) as precedes subparagraphs (C) and (D) and inserting 11 the following: 12 ‘‘(2) MAXIMUM LEVERAGE.— 13 ‘‘(A) IN GENERAL.—The maximum 14 amount of outstanding leverage made available to any one company licensed under section 16 301(c) of this Act may not exceed the lesser 17 of— 18 ‘‘(i) 300 percent of such company’s 19 private capital; or ‘‘(ii) $150,000,000. 21 ‘‘(B) MULTIPLE LICENSES UNDER COM22 MON CONTROL.—The maximum amount of out 23 standing leverage made available to two or more 24 companies licensed under section 301(c) of this Act that are commonly controlled (as deter- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 115 1 mined by the Administrator) and not under 2 capital impairment may not exceed 3 $225,000,000.’’; and 4 (2) by striking paragraph (4). (b) SIMPLIFIED AGGREGATE INVESTMENT LIMITA6 TIONS.—Section 306(a) of the Small Business Investment 7 Act of 1958 (15 U.S.C. 686(a)) is amended to read as 8 follows: 9 ‘‘(a) PERCENTAGE LIMITATION ON PRIVATE CAP- ITAL.—If any small business investment company has ob11 tained financing from the Administrator and such financ12 ing remains outstanding, the aggregate amount of securi13 ties acquired and for which commitments may be issued 14 by such company under the provisions of this title for any single enterprise shall not, without the approval of the Ad16 ministrator, exceed 10 percent of the sum of— 17 ‘‘(1) the private capital of such company; and 18 ‘‘(2) the total amount of leverage projected by 19 the company in the company’s business plan that was approved by the Administrator at the time of 21 the grant of the company’s license.’’. 22 SEC. 6207. GAO REPORT. 23 (a) REPORT.—Not later than 30 days after the enact24 ment of this Act, the Comptroller General of the United States shall report to the Congress on the actions of the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 116 1 Administrator in implementing the authority established 2 in sections 6201 through 6206 of this Act. 3 (b) INCLUDED ITEM.—The report under this section 4 shall include a summary of the activity of the Administrator under this section and an analysis of whether he 6 is accomplishing the purpose of increasing liquidity in the 7 secondary market for Small Business Administration 8 loans. 9 TITLE VII—HOMELAND SECURITY 11 DEPARTMENT OF HOMELAND SECURITY 12 U.S. CUSTOMS AND BORDER PROTECTION 13 SALARIES AND EXPENSES 14 For an additional amount for ‘‘Salaries and Expenses’’, $100,000,000, for non-intrusive detection tech 16 nology to be deployed at sea ports of entry. 17 CONSTRUCTION 18 For an additional amount for ‘‘Construction’’, 19 $150,000,000, to repair and construct inspection facilities at land border ports of entry. 21 TRANSPORTATION SECURITY ADMINISTRATION 22 AVIATION SECURITY 23 For an additional amount for ‘‘Aviation Security’’, 24 $500,000,000, for the purchase and installation of explosive detection systems and emerging checkpoint tech- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 117 1 nologies: Provided, That the Assistant Secretary of Home2 land Security (Transportation Security Administration) 3 shall prioritize the award of these funds to accelerate the 4 installations at locations with completed design plans and to expeditiously award new letters of intent. 6 COAST GUARD 7 ALTERATION OF BRIDGES 8 For an additional amount for ‘‘Alteration of 9 Bridges’’, $150,000,000, for alteration or removal of obstructive bridges, as authorized by section 6 of the Tru11 man-Hobbs Act (33 U.S.C. 516): Provided, That the 12 Coast Guard shall award these funds to those bridges that 13 are ready to proceed to construction. 14 FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY FOOD AND SHELTER 16 For an additional amount for ‘‘Emergency Food and 17 Shelter’’, $200,000,000, to carry out the emergency food 18 and shelter program pursuant to title III of the McKin19 ney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.): Provided, That for the purposes of this appropria21 tion, the redistribution required by section 1104(b) shall 22 be carried out by the Federal Emergency Management 23 Agency and the National Board, who may reallocate and 24 obligate any funds that are unclaimed or returned to the program: Provided further, That the amount set aside l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 118 1 from this appropriation pursuant to section 1106 of this 2 Act shall be 3.5 percent instead of the percentage specified 3 in such section. 4 TITLE VIII—INTERIOR AND ENVIRONMENT 6 DEPARTMENT OF THE INTERIOR 7 BUREAU OF LAND MANAGEMENT 8 CONSTRUCTION 9 (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Construction’’, 11 $325,000,000, for priority road, bridge, and trail repair 12 or decommissioning, critical deferred maintenance 13 projects, facilities construction and renovation, hazardous 14 fuels reduction, and remediation of abandoned mine or well sites: Provided, That funds may be transferred to 16 other appropriate accounts of the Bureau of Land man17 agement: Provided further, That the amount set aside 18 from this appropriation pursuant to section 1106 of this 19 Act shall be not more than 5 percent instead of the percentage specified in such section. 21 UNITED STATES FISH AND WILDLIFE SERVICE 22 CONSTRUCTION 23 (INCLUDING TRANSFER OF FUNDS) 24 For an additional amount for ‘‘Construction’’, $300,000,000, for priority road and bridge repair and re- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 119 1 placement, and critical deferred maintenance and improve2 ment projects on National Wildlife Refuges, National Fish 3 Hatcheries, and other Service properties: Provided, That 4 funds may be transferred to ‘‘Resource Management’’: 5 Provided further, That the amount set aside from this ap6 propriation pursuant to section 1106 of this Act shall be 7 not more than 5 percent instead of the percentage speci8 fied in such section. 9 NATIONAL PARK SERVICE 10 CONSTRUCTION 11 (INCLUDING TRANSFER OF FUNDS) 12 For an additional amount for ‘‘Construction’’, 13 $1,700,000,000, for projects to address critical deferred 14 maintenance needs within the National Park System, in15 cluding roads, bridges and trails, and for other critical in16 frastructure projects: Provided, That funds may be trans17 ferred to ‘‘Operation of the National Park System’’: Pro18 vided further, That $200,000,000 of these funds shall be 19 for projects related to the preservation and repair of his20 torical and cultural resources within the National Park 21 System: Provided further, That the amount set aside from 22 this appropriation pursuant to section 1106 of this Act 23 shall be not more than 5 percent instead of the percentage 24 specified in such section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 120 1 NATIONAL MALL REVITALIZATION FUND 2 For construction, improvements, repair, or replace3 ment of facilities related to the revitalization of National 4 Park Service assets on the National Mall in Washington, 5 DC, $200,000,000, of which $100,000,000 shall only be 6 made available to the extent that funds are matched by 7 non-Federal contributions: Provided, That the amount set 8 aside from this appropriation pursuant to section 1106 of 9 this Act shall be not more than 5 percent instead of the 10 percentage specified in such section. 11 CENTENNIAL CHALLENGE 12 To carry out provisions of section 814(g) of Public 13 Law 104–333 relating to challenge cost share agreements, 14 $100,000,000, for National Park Service Centennial Chal15 lenge signature projects and programs: Provided, That not 16 less than 50 percent of the total cost of each project or 17 program is derived from non-Federal sources in the form 18 of donated cash, assets, in-kind services, or a pledge of 19 donation guaranteed by an irrevocable letter of credit: Pro20 vided further, That the amount set aside from this appro21 priation pursuant to section 1106 of this Act shall be not 22 more than 5 percent instead of the percentage specified 23 in such section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 121 1 UNITED STATES GEOLOGICAL SURVEY 2 SURVEYS, INVESTIGATIONS, AND RESEARCH 3 For an additional amount for ‘‘Surveys, Investiga4 tions, and Research’’, $200,000,000, for repair and res5 toration of facilities; equipment replacement and upgrades 6 including stream gages, and seismic and volcano moni7 toring systems; national map activities; and other critical 8 deferred maintenance and improvement projects: Pro9 vided, That the amount set aside from this appropriation 10 pursuant to section 1106 of this Act shall be not more 11 than 5 percent instead of the percentage specified in such 12 section. 13 BUREAU OF INDIAN AFFAIRS 14 CONSTRUCTION 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Construction’’, 17 $500,000,000, for priority repair and replacement of 18 schools, detention centers, roads, bridges, employee hous19 ing, and critical deferred maintenance projects: Provided, 20 That not less than $250,000,000 shall be used for new 21 and replacement schools and detention centers: Provided 22 further, That funds may be transferred to ‘‘Operation of 23 Indian Programs’’: Provided further, That the amount set 24 aside from this appropriation pursuant to section 1106 of l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 122 1 this Act shall be not more than 5 percent instead of the 2 percentage specified in such section. 3 ENVIRONMENTAL PROTECTION AGENCY 4 HAZARDOUS SUBSTANCE SUPERFUND 5 For an additional amount for ‘‘Hazardous Substance 6 Superfund’’, $800,000,000, which shall be used for the 7 Superfund Remedial program: Provided, That amounts 8 available by law from this appropriation for management 9 and administration shall take the place of the set-aside 10 under section 1106 of this Act. 11 LEAKING UNDERGROUND STORAGE TANK TRUST FUND 12 PROGRAM 13 For an additional amount for ‘‘Leaking Underground 14 Storage Tank Trust Fund Program’’, to carry out leaking 15 underground storage tank cleanup activities authorized by 16 subtitle I of the Solid Waste Disposal Act, $200,000,000, 17 which shall be used to carry out leaking underground stor18 age tank cleanup activities authorized by section 9003(h) 19 of the Solid Waste Disposal Act, except that such funds 20 shall not be subject to the State matching requirements 21 in section 9003(h)(7)(B): Provided, That amounts avail22 able by law from this appropriation for management and 23 administration shall take the place of the set-aside under 24 section 1106 of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 123 1 STATE AND TRIBAL ASSISTANCE GRANTS 2 For an additional amount for ‘‘State and Tribal As3 sistance Grants’’, $8,400,000,000, which shall be used as 4 follows: (1) $6,000,000,000 shall be for capitalization 6 grants for the Clean Water State Revolving Funds 7 under title VI of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1381 et seq.), except that such 9 funds shall not be subject to the State matching requirements in paragraphs (2) and (3) of section 11 602(b) of such Act or to the Federal cost share limi12 tations in section 202 of such Act: Provided, That 13 the amount set aside from this appropriation pursu14 ant to section 1106 of this Act shall be not more than 2 percent instead of the percentage specified in 16 such section: Provided further, That, notwith17 standing the limitation on amounts specified in sec18 tion 518(c) of the Federal Water Pollution Control 19 Act, up to a total of 1.5 percent of such funds may be reserved by the Administrator of the Environ 21 mental Protection Agency for grants under section 22 518(c) of such Act: Provided further, That the re 23 quirements of section 513 of such Act shall apply to 24 the construction of treatment works carried out in whole or in part with assistance made available l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 124 1 under this heading by a Clean Water State Revolv 2 ing Fund under title VI of such Act, or with assist 3 ance made available under section 205(m) of such 4 Act, or both: Provided further, That, notwithstanding the requirements of section 603(d) of such 6 Act, each State shall use 50 percent of the amount 7 of the capitalization grant received by the State 8 under title VI of such Act to provide assistance, in 9 the form of additional subsidization, including forgiveness of principal, negative interest loans, and 11 grants, to municipalities (as defined in section 502 12 of such Act) for projects that are included on the 13 State’s priority list established under section 603(g) 14 of such Act, of which 80 percent shall be for projects to benefit municipalities that meet affordability cri16 teria as determined by the Governor of the State 17 and 20 percent shall be for projects to address 18 water-efficiency goals, address energy-efficiency 19 goals, mitigate stormwater runoff, or encourage environmentally sensitive project planning, design, and 21 construction, to the extent that there are sufficient 22 project applications eligible for such assistance. 23 (2) $2,000,000,000 shall be for capitalization 24 grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 125 1 Water Act (42 U.S.C. 300j-12), except that such 2 funds shall not be subject to the State matching re 3 quirements of section 1452(e) of such Act: Provided, 4 That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not 6 more than 2 percent instead of the percentage speci7 fied in such section: Provided further, That section 8 1452(k) of the Safe Drinking Water Act shall not 9 apply to such funds: Provided further, That the requirements of section 1450(e) of such Act (42 11 U.S.C. 300j-9(e)) shall apply to the construction 12 carried out in whole or part with assistance made 13 available under this heading by a Drinking Water 14 State Revolving fund under section 1452 of such Act: Provided further, That, notwithstanding the re16 quirements of section 1452(a)(2) of such Act, each 17 State shall use 50 percent of the amount of the cap18 italization grant received by the State under section 19 1452 of such Act to provide assistance, in the form of additional subsidization, including forgiveness of 21 principal, negative interest loans, and grants, to mu 22 nicipalities (as defined in section 1401 of such Act) 23 for projects that are included on the State’s priority 24 list established under section 1452(b)(3) of such Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 126 1 (3) $300,000,000 shall be for grants under title 2 VII, Subtitle G of the Energy Policy Act of 2005: 3 Provided, That the amount set aside from this ap 4 propriation pursuant to section 1106 of this Act shall be not more than 3 percent instead of the per6 centage specified in such section. 7 (4) $100,000,000 shall be to carry out section 8 104(k) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980: Provided, That the amount set aside from this ap11 propriation pursuant to section 1106 of this Act 12 shall be not more than 3 percent instead of the per13 centage specified in such section. 14 DEPARTMENT OF AGRICULTURE FOREST SERVICE 16 CAPITAL IMPROVEMENT AND MAINTENANCE 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for ‘‘Capital Improvement 19 and Maintenance’’, $650,000,000, for reconstruction, capital improvement, decommissioning, and maintenance of 21 forest roads, bridges and trails; alternative energy tech22 nologies, energy efficiency enhancements and deferred 23 maintenance at Federal facilities; and for remediation of 24 abandoned mine sites, removal of fish passage barriers, and other critical habitat, forest improvement and water- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 127 1 shed enhancement projects on Federal lands and waters: 2 Provided, That funds may be transferred to ‘‘National 3 Forest System’’: Provided further, That the amount set 4 aside from this appropriation pursuant to section 1106 of 5 this Act shall be not more than 5 percent instead of the 6 percentage specified in such section. 7 WILDLAND FIRE MANAGEMENT 8 (INCLUDING TRANSFERS OF FUNDS) 9 For an additional amount for ‘‘Wildland Fire Man10 agement’’, $850,000,000, of which $300,000,000 is for 11 hazardous fuels reduction, forest health, wood to energy 12 grants and rehabilitation and restoration activities on 13 Federal lands, and of which $550,000,000 is for State fire 14 assistance hazardous fuels projects, volunteer fire assist15 ance, cooperative forest health projects, city forest en16 hancements, and wood to energy grants on State and pri17 vate lands: Provided, That amounts in this paragraph may 18 be transferred to ‘‘State and Private Forestry’’ and ‘‘Na19 tional Forest System’’: Provided further, That the amount 20 set aside from this appropriation pursuant to section 1106 21 of this Act shall be not more than 5 percent instead of 22 the percentage specified in such section. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 128 1 DEPARTMENT OF HEALTH AND HUMAN 2 SERVICES 3 INDIAN HEALTH SERVICE 4 INDIAN HEALTH FACILITIES For an additional amount for ‘‘Indian Health Facili6 ties’’, $550,000,000, for priority health care facilities con7 struction projects and deferred maintenance, and the pur8 chase of equipment and related services, including but not 9 limited to health information technology: Provided, That notwithstanding any other provision of law, the amounts 11 available under this paragraph shall be allocated at the 12 discretion of the Director of the Indian Health Service: 13 Provided further, That the amount set aside from this ap14 propriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage speci16 fied in such section. 17 OTHER RELATED AGENCIES 18 SMITHSONIAN INSTITUTION 19 FACILITIES CAPITAL (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Facilities Capital’’, 22 $150,000,000, for deferred maintenance projects, and for 23 repair, revitalization, and alteration of facilities owned or 24 occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 129 1 22, 1949 (63 Stat. 623): Provided, That funds may be 2 transferred to ‘‘Salaries and Expenses’’: Provided further, 3 That the amount set aside from this appropriation pursu4 ant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such sec6 tion. 7 NATIONAL FOUNDATION ON THE ARTS AND THE 8 HUMANITIES 9 NATIONAL ENDOWMENT FOR THE ARTS GRANTS AND ADMINISTRATION 11 For an additional amount for ‘‘Grants and Adminis12 tration’’, $50,000,000, to be distributed in direct grants 13 to fund arts projects and activities which preserve jobs in 14 the non-profit arts sector threatened by declines in philanthropic and other support during the current economic 16 downturn: Provided, That 40 percent of such funds shall 17 be distributed to State arts agencies and regional arts or18 ganizations in a manner similar to the agency’s current 19 practice and 60 percent of such funds shall be for competitively selected arts projects and activities according to sec21 tions 2 and 5(c) of the National Foundation on the Arts 22 and Humanities Act of 1965 (20 U.S.C. 951, 954(c)): 23 Provided further, That matching requirements under sec24 tion 5(e) of such Act shall be waived: Provided further, That the amount set aside from this appropriation pursu l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 130 1 ant to section 1106 of this Act shall be not more than 2 5 percent instead of the percentage specified in such sec3 tion. 4 TITLE IX—LABOR, HEALTH AND HUMAN SERVICES, AND EDU6 CATION 7 Subtitle A—Labor 8 DEPARTMENT OF LABOR 9 EMPLOYMENT AND TRAINING ADMINISTRATION TRAINING AND EMPLOYMENT SERVICES 11 For an additional amount for ‘‘Training and Employ12 ment Services’’ for activities under the Workforce Invest13 ment Act of 1998 (‘‘WIA’’), $4,000,000,000, which shall 14 be available for obligation on the date of enactment of this Act, as follows: 16 (1) $500,000,000 for grants to the States for 17 adult employment and training activities; 18 (2) $1,200,000,000 for grants to the States for 19 youth activities, including summer jobs for youth: Provided, That the work readiness performance indi 21 cator described in section 136(b)(2)(A)(ii)(I) of the 22 WIA shall be the only measure of performance used 23 to assess the effectiveness of summer jobs for youth 24 provided with such funds: Provided further, That with respect to the youth activities provided with l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 131 1 such funds, section 101(13)(A) of the WIA shall be 2 applied by substituting ‘‘age 24’’ for ‘‘age 21’’: Pro 3 vided further, That no portion of the additional 4 funds provided herein shall be reserved to carry out 5 section 127(b)(1)(A) of the WIA: Provided further, 6 That for purposes of section 127(b)(1)(C)(iv) of the 7 WIA, such funds shall be allotted as if the total 8 amount of funding available for youth activities in 9 the fiscal year does not exceed $1,000,000,000; 10 (3) $1,000,000,000 for grants to the States for 11 dislocated worker employment and training activi12 ties; 13 (4) $500,000,000 for the dislocated workers as14 sistance national reserve to remain available for 15 Federal obligation through June 30, 2010: Provided, 16 That such funds shall be made available for grants 17 only to eligible entities that serve areas of high un18 employment or high poverty and only for the pur19 poses described in subsection 173(a)(1) of the WIA: 20 Provided further, That the Secretary of Labor shall 21 ensure that applicants for such funds demonstrate 22 how income support, child care, and other supportive 23 services necessary for an individual’s participation in 24 job training will be provided; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 132 1 (5) $50,000,000 for YouthBuild activities, 2 which shall remain available for Federal obligation 3 through June 30, 2010; and 4 (6) $750,000,000 for a program of competitive 5 grants for worker training and placement in high 6 growth and emerging industry sectors: Provided, 7 That $500,000,000 shall be for research, labor ex8 change and job training projects that prepare work9 ers for careers in the energy efficiency and renew10 able energy industries specified in section 11 171(e)(1)(B)(ii) of the WIA (as amended by the 12 Green Jobs Act of 2007): Provided further, That in 13 awarding grants from those funds not designated in 14 the preceding proviso, the Secretary of Labor shall 15 give priority to projects that prepare workers for ca16 reers in the health care sector: Provided further, 17 That the provisions of section 1103 of this Act shall 18 not apply to this appropriation: 19 Provided, That the additional funds provided to States 20 under this heading are not subject to section 191(a) of 21 the WIA: Provided further, That notwithstanding section 22 1106 of this Act, there shall be no amount set aside from 23 the appropriations made in subsections (1) through (3) 24 under this heading and the amount set aside for sub- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 133 1 sections (4) through (6) shall be up to 1 percent instead 2 of the percentage specified in such section. 3 COMMUNITY SERVICE EMPLOYMENT FOR OLDER 4 AMERICANS For an additional amount for ‘‘Community Service 6 Employment for Older Americans’’ to carry out title V of 7 the Older Americans Act of 1965, $120,000,000, which 8 shall be available for obligation on the date of enactment 9 of this Act: Provided, That funds shall be allotted within 30 days of such enactment to current grantees in propor11 tion to their allotment in program year 2008. 12 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 13 SERVICE OPERATIONS 14 For an additional amount for ‘‘State Unemployment Insurance and Employment Service Operations’’ for 16 grants to the States in accordance with section 6 of the 17 Wagner-Peyser Act, $500,000,000, which may be ex18 pended from the Employment Security Administration Ac19 count in the Unemployment Trust Fund, and which shall be available for obligation on the date of enactment of this 21 Act: Provided, That such funds shall remain available to 22 the States through September 30, 2010: Provided further, 23 That, with respect to such funds, section 6(b)(1) of such 24 Act shall be applied by substituting ‘‘one-third’’ for ‘‘twothirds’’ in subparagraph (A), with the remaining one-third l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 134 1 of the sums to be allotted in accordance with section 2 132(b)(2)(B)(ii)(III) of the Workforce Investment Act of 3 1998: Provided further, That not less than $250,000,000 4 of the amount provided under this heading shall be used by States for reemployment services for unemployment in6 surance claimants (including the integrated Employment 7 Service and Unemployment Insurance information tech8 nology required to identify and serve the needs of such 9 claimants): Provided further, That the Secretary of Labor shall establish planning and reporting procedures nec11 essary to provide oversight of funds used for reemploy12 ment services. 13 DEPARTMENTAL MANAGEMENT 14 SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Departmental Man17 agement’’, $80,000,000, for the enforcement of worker 18 protection laws and regulations, oversight, and coordina19 tion activities related to the infrastructure and unemployment insurance investments in this Act: Provided, That 21 the Secretary of Labor may transfer such sums as nec22 essary to ‘‘Employment and Standards Administration’’, 23 ‘‘Occupational Safety and Health Administration’’, and 24 ‘‘Employment and Training Administration—Program Administration’’ for enforcement, oversight, and coordina l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 135 1 tion activities: Provided further, That the provisions of sec2 tion 1106 of this Act shall not apply to this appropriation. 3 OFFICE OF JOB CORPS 4 For an additional amount for ‘‘Office of Job Corps’’, $300,000,000, for construction, rehabilitation and acquisi6 tion of Job Corps Centers, which shall be available upon 7 the date of enactment of this Act and remain available 8 for obligation through June 30, 2010: Provided, That sec9 tion 1552(a) of title 31, United States Code shall not apply to up to 30 percent of such funds, if such funds 11 are used for a multi-year lease agreement that will result 12 in construction activities that can commence within 120 13 days of enactment of this Act: Provided further, That not14 withstanding section 3324(a) of title 31, United States Code, the funds referred to in the preceding proviso may 16 be used for advance, progress, and other payments: Pro17 vided further, That the Secretary of Labor may transfer 18 up to 15 percent of such funds to meet the operational 19 needs of such centers, which may include the provision of additional training for careers in the energy efficiency and 21 renewable energy industries: Provided further, That pri22 ority should be given to activities that can commence 23 promptly following enactment and to those projects that 24 will create the greatest impact on the energy efficiency of Job Corps facilities: Provided further, That the Secretary l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 136 1 shall provide to the Committees on Appropriations of the 2 House of Representatives and the Senate a report on the 3 actual obligations, expenditures, and unobligated balances 4 for each activity funded under this heading not later than September 30, 2009 and quarterly thereafter as long as 6 funding provided under this heading is available for obli7 gation or expenditure. 8 Subtitle B—Health and Human 9 Services DEPARTMENT OF HEALTH AND HUMAN 11 SERVICES 12 HEALTH RESOURCES AND SERVICES 13 For an additional amount for ‘‘Health Resources and 14 Services’’, $2,188,000,000 which shall be used as follows: (1) $500,000,000, of which $250,000,000 shall 16 not be available until October 1, 2009, shall be for 17 grants to health centers authorized under section 18 330 of the Public Health Service Act (‘‘PHS Act’’); 19 (2) $1,000,000,000 shall be available for renovation and repair of health centers authorized 21 under section 330 of the PHS Act and for the acqui 22 sition by such centers of health information tech 23 nology systems: Provided, That the timeframe for 24 the award of grants pursuant to section 1103(b) of this Act shall not be later than 180 days after the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 137 1 date of enactment of this Act instead of the time 2 frame specified in such section; 3 (3) $88,000,000 shall be for fit-out and other 4 costs related to moving into a facility to be secured through a competitive lease procurement to replace 6 or renovate a headquarters building for Public 7 Health Service agencies and other components of the 8 Department of Health and Human Services; and 9 (4) $600,000,000, of which $300,000,000 shall not be available until October 1, 2009, shall be for 11 the training of nurses and primary care physicians 12 and dentists as authorized under titles VII and VIII 13 of the PHS Act, for the provision of health care per14 sonnel under the National Health Service Corps program authorized under title III of the PHS Act, and 16 for the patient navigator program authorized under 17 title III of the PHS Act. 18 CENTERS FOR DISEASE CONTROL AND PREVENTION 19 DISEASE CONTROL, RESEARCH, AND TRAINING For an additional amount for ‘‘Disease Control, Re21 search, and Training’’ for equipment, construction, and 22 renovation of facilities, including necessary repairs and 23 improvements to leased laboratories, $462,000,000: Pro24 vided, That notwithstanding any other provision of law, the Centers for Disease Control and Prevention may l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 138 1 award a single contract or related contracts for develop2 ment and construction of facilities that collectively include 3 the full scope of the project: Provided further, That the 4 solicitation and contract shall contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232-18: Provided 6 further, That in accordance with applicable authorities, 7 policies, and procedures, the Centers for Disease Control 8 and Prevention shall acquire real property, and make any 9 necessary improvements thereon, to relocate and consolidate property and facilities of the National Institute for 11 Occupational Safety and Health. 12 NATIONAL INSTITUTES OF HEALTH 13 NATIONAL CENTER FOR RESEARCH RESOURCES 14 For an additional amount for ‘‘National Center for Research Resources’’, $1,500,000,000 for grants or con16 tracts under section 481A of the Public Health Service 17 Act to renovate or repair existing non-Federal research fa18 cilities: Provided, That sections 481A(c)(1)(B)(ii), para19 graphs (1), (3), and (4) of section 481A(e), and section 481B of such Act shall not apply to the use of such funds: 21 Provided further, That the references to ‘‘20 years’’ in sub22 sections (c)(1)(B)(i) and (f) of section 481A of such Act 23 are deemed to be references to ‘‘10 years’’ for purposes 24 of using such funds: Provided further, That the National Center for Research Resources may also use such funds l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 139 1 to provide, under the authority of section 301 and title 2 IV of such Act, shared instrumentation and other capital 3 research equipment to recipients of grants and contracts 4 under section 481A of such Act and other appropriate en5 tities: Provided further, That the Director of the Center 6 shall provide to the Committees on Appropriations of the 7 House of Representatives and the Senate an annual report 8 indicating the number of institutions receiving awards of 9 a grant or contract under section 481A of such Act, the 10 proposed use of the funding, the average award size, a 11 list of grant or contract recipients, and the amount of each 12 award: Provided further, That the Center, in obligating 13 such funds, shall require that each entity that applies for 14 a grant or contract under section 481A for any project 15 shall include in its application an assurance described in 16 section 1621(b)(1)(I) of the Public Health Service Act: 17 Provided further, That the Center shall give priority in the 18 award of grants and contracts under section 481A of such 19 Act to those applications that are expected to generate de20 monstrable energy-saving or beneficial environmental ef21 fects: Provided further, That the provisions of section 1103 22 of this Act shall not apply to the peer-reviewed grants 23 awarded under this heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 140 1 OFFICE OF THE DIRECTOR 2 (INCLUDING TRANSFER OF FUNDS) 3 For an additional amount for ‘‘Office of the Direc4 tor’’, $1,500,000,000, of which $750,000,000 shall not be 5 available until October 1, 2009: Provided, That such funds 6 shall be transferred to the Institutes and Centers of the 7 National Institutes of Health and to the Common Fund 8 established under section 402A(c)(1) of the Public Health 9 Service Act in proportion to the appropriations otherwise 10 made to such Institutes, Centers, and Common Fund for 11 fiscal year 2009: Provided further, That these funds shall 12 be used to support additional scientific research and shall 13 be merged with and be available for the same purposes 14 as the appropriation or fund to which transferred: Pro15 vided further, That this transfer authority is in addition 16 to any other transfer authority available to the National 17 Institutes of Health: Provided further, That none of these 18 funds may be transferred to ‘‘National Institutes of 19 Health—Buildings and Facilities’’, the Center for Sci20 entific Review, the Center for Information Technology, the 21 Clinical Center, the Global Fund for HIV/AIDS, Tuber22 culosis and Malaria, or the Office of the Director (except 23 for the transfer to the Common Fund): Provided further, 24 That the provisions of section 1103 of this Act shall not l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 141 1 apply to the peer-reviewed grants awarded under this 2 heading. 3 BUILDINGS AND FACILITIES 4 For an additional amount for ‘‘Buildings and Facilities’’, $500,000,000, to fund high priority repair and im6 provement projects for National Institutes of Health facili7 ties on the Bethesda, Maryland campus and other agency 8 locations. 9 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY HEALTHCARE RESEARCH AND QUALITY 11 (INCLUDING TRANSFER OF FUNDS) 12 For an additional amount for ‘‘Healthcare Research 13 and Quality’’ to carry out titles III and IX of the Public 14 Health Service Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription 16 Drug, Improvement, and Modernization Act of 2003, 17 $700,000,000 for comparative effectiveness research: Pro18 vided, That of the amount appropriated in this paragraph, 19 $400,000,000 shall be transferred to the Office of the Director of the National Institutes of Health (‘‘Office of the 21 Director’’) to conduct or support comparative effectiveness 22 research: Provided further, That funds transferred to the 23 Office of the Director may be transferred to the national 24 research institutes and national centers of the National Institutes of Health and to the Common Fund established l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 142 1 under section 402A(c)(1) of the Public Health Service Act: 2 Provided further, That this transfer authority is in addi3 tion to any other transfer authority available to the Na4 tional Institutes of Health: Provided further, That the provisions of section 1103 of this Act shall not apply to the 6 peer-reviewed grants awarded under this paragraph: Pro7 vided further, That the amount set aside from this appro8 priation pursuant to section 1106 of this Act shall be not 9 more than 1 percent instead of the percentage specified in such section. 11 In addition, $400,000,000 shall be available for com12 parative effectiveness research to be allocated at the dis13 cretion of the Secretary of Health and Human Services 14 (‘‘Secretary’’): Provided, That the funding appropriated in this paragraph shall be used to accelerate the development 16 and dissemination of research assessing the comparative 17 effectiveness of health care treatments and strategies, in18 cluding through efforts that: (1) conduct, support, or syn19 thesize research that compares the clinical outcomes, effectiveness, and appropriateness of items, services, and 21 procedures that are used to prevent, diagnose, or treat dis22 eases, disorders, and other health conditions; and (2) en23 courage the development and use of clinical registries, clin24 ical data networks, and other forms of electronic health data that can be used to generate or obtain outcomes data: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 143 1 Provided further, That the Secretary shall enter into a 2 contract with the Institute of Medicine, for which no more 3 than $1,500,000 shall be made available from funds pro4 vided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than June 6 30, 2009, that includes recommendations on the national 7 priorities for comparative effectiveness research to be con8 ducted or supported with the funds provided in this para9 graph and that considers input from stakeholders: Provided further, That the Secretary shall consider any rec11 ommendations of the Federal Coordinating Council for 12 Comparative Effectiveness Research established by section 13 9201 of this Act and any recommendations included in 14 the Institute of Medicine report pursuant to the preceding proviso in designating activities to receive funds provided 16 in this paragraph and may make grants and contracts 17 with appropriate entities, which may include agencies 18 within the Department of Health and Human Services and 19 other governmental agencies, as well as private sector entities, that have demonstrated experience and capacity to 21 achieve the goals of comparative effectiveness research: 22 Provided further, That the Secretary shall publish infor23 mation on grants and contracts awarded with the funds 24 provided under this heading within a reasonable time of the obligation of funds for such grants and contracts and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 144 1 shall disseminate research findings from such grants and 2 contracts to clinicians, patients, and the general public, 3 as appropriate: Provided further, That, to the extent fea4 sible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an opportunity for 6 public comment on the research: Provided further, That 7 the provisions of section 1103 of this Act shall not apply 8 to the peer-reviewed grants awarded under this paragraph: 9 Provided further, That the Secretary shall provide the Committees on Appropriations of the House of Represent11 atives and the Senate, the Committee on Energy and Com12 merce and the Committee on Ways and Means of the 13 House of Representatives, and the Committee on Health, 14 Education, Labor, and Pensions and the Committee on Finance of the Senate with an annual report on the research 16 conducted or supported through the funds provided under 17 this heading: Provided further, That the Secretary, jointly 18 with the Directors of the Agency for Healthcare Research 19 and Quality and the National Institutes of Health, shall provide the Committees on Appropriations of the House 21 of Representatives and the Senate a fiscal year 2009 oper22 ating plan for the funds appropriated under this heading 23 prior to making any Federal obligations of such funds in 24 fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 145 1 plan for such funds prior to making any Federal obliga2 tions of such funds in fiscal year 2010, but not later than 3 November 1, 2009, that detail the type of research being 4 conducted or supported, including the priority conditions addressed; and specify the allocation of resources within 6 the Department of Health and Human Services: Provided 7 further, That the Secretary jointly with the Directors of 8 the Agency for Healthcare Research and Quality and the 9 National Institutes of Health, shall provide to the Committees on Appropriations of the House of Representatives 11 and the Senate a report on the actual obligations, expendi12 tures, and unobligated balances for each activity funded 13 under this heading not later than November 1, 2009, and 14 every 6 months thereafter as long as funding provided under this heading is available for obligation or expendi16 ture. 17 ADMINISTRATION FOR CHILDREN AND FAMILIES 18 LOW-INCOME HOME ENERGY ASSISTANCE 19 For an additional amount for ‘‘Low-Income Home Energy Assistance’’ for making payments under section 21 2602(b) and section 2602(d) of the Low-Income Home 22 Energy Assistance Act of 1981, $1,000,000,000, which 23 shall become available on October 1, 2009: Provided, That 24 the provisions of section 1106 of this Act shall not apply to this appropriation. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 146 1 PAYMENTS TO STATES FOR THE CHILD CARE AND 2 DEVELOPMENT BLOCK GRANT 3 For an additional amount for ‘‘Payments to States 4 for the Child Care and Development Block Grant’’, $2,000,000,000, of which $1,000,000,000 shall become 6 available on October 1, 2009, which shall be used to sup7 plement, not supplant State general revenue funds for 8 child care assistance for low-income families: Provided, 9 That the provisions of section 1106 of this Act shall not apply to this appropriation. 11 CHILDREN AND FAMILIES SERVICES PROGRAMS 12 For an additional amount for ‘‘Children and Families 13 Services Programs’’, $3,200,000,000, which shall be used 14 as follows: (1) $1,000,000,000 for carrying out activities 16 under the Head Start Act, of which $500,000,000 17 shall become available on October 1, 2009; 18 (2) $1,100,000,000 for expansion of Early 19 Head Start programs, as described in section 645A of the Head Start Act, of which $550,000,000 shall 21 become available on October 1, 2009: Provided, That 22 of the funds provided in this sentence, up to 10 per 23 cent shall be available for the provision of training 24 and technical assistance to such programs consistent with section 645A(g)(2) of such Act, and up to 3 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 147 1 percent shall be available for monitoring the oper 2 ation of such programs consistent with section 641A 3 of such Act: Provided further, That the preceding 4 proviso shall apply to this appropriation in lieu of 5 the provisions of section 1106 of this Act: Provided 6 further, That the provisions of section 1103 of this 7 Act shall not apply to this appropriation; 8 (3) $1,000,000,000 for carrying out activities 9 under sections 674 through 679 of the Community 10 Services Block Grant Act, of which $500,000,000 11 shall become available on October 1, 2009, and of 12 which no part shall be subject to paragraphs (2) and 13 (3) of section 674(b) of such Act: Provided, That 14 notwithstanding section 675C(a)(1) of such Act, 100 15 percent of the funds made available to a State from 16 this additional amount shall be distributed to eligible 17 entities as defined in section 673(1) of such Act: 18 Provided further, That for services furnished under 19 such Act during fiscal years 2009 and 2010, States 20 may apply the last sentence of section 673(2) of 21 such Act by substituting ‘‘200 percent’’ for ‘‘125 22 percent’’: Provided further, That the provisions of 23 section 1106 of this Act shall not apply to this ap 24 propriation; and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 148 1 (4) $100,000,000 for carrying out activities 2 under section 1110 of the Social Security Act, of 3 which $50,000,000 shall become available on Octo 4 ber 1, 2009: Provided, That the Secretary of Health and Human Services shall distribute such amount 6 under the Compassion Capital Fund to eligible faith7 based and community organizations: Provided fur8 ther, That the provisions of section 1106 of this Act 9 shall not apply to this appropriation. ADMINISTRATION ON AGING 11 AGING SERVICES PROGRAMS 12 For an additional amount for ‘‘Aging Services Pro13 grams’’ under section 311, and subparts 1 and 2 of part 14 C, of title III of the Older Americans Act of 1965, $200,000,000, of which $100,000,000 shall become avail16 able on October 1, 2009: Provided, That the provisions 17 of section 1106 of this Act shall not apply to this appro18 priation. 19 OFFICE OF THE SECRETARY OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 21 INFORMATION TECHNOLOGY 22 (INCLUDING TRANSFER OF FUNDS) 23 For an additional amount for ‘‘Office of the National 24 Coordinator for Health Information Technology’’ to carry out section 9202 of this Act, $2,000,000,000, to remain l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 149 1 available until expended: Provided, That of such amount, 2 the Secretary of Health and Human Services shall trans3 fer $20,000,000 to the Director of the National Institute 4 of Standards and Technology in the Department of Commerce for continued work on advancing health care infor6 mation enterprise integration through activities such as 7 technical standards analysis and establishment of con8 formance testing infrastructure, so long as such activities 9 are coordinated with the Office of the National Coordinator for Health Information Technology: Provided fur11 ther, That the provisions of section 1103 of this Act shall 12 not apply to this appropriation: Provided further, That the 13 amount set aside from this appropriation pursuant to sec14 tion 1106 of this Act shall be 0.25 percent instead of the percentage specified in such section: Provided further, 16 That funds available under this heading shall become 17 available for obligation only upon submission of an annual 18 operating plan by the Secretary to the Committees on Ap19 propriations of the House of Representatives and the Senate: Provided further, That the fiscal year 2009 operating 21 plan shall be provided not later than 90 days after enact22 ment of this Act and that subsequent annual operating 23 plans shall be provided not later than November 1 of each 24 year: Provided further, That these operating plans shall describe how expenditures are aligned with the specific ob l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 150 1 jectives, milestones, and metrics of the Federal Health In2 formation Technology Strategic Plan, including any subse3 quent updates to the Plan; the allocation of resources 4 within the Department of Health and Human Services and other Federal agencies; and the identification of programs 6 and activities that are supported: Provided further, That 7 the Secretary shall provide to the Committees on Appro8 priations of the House of Representatives and the Senate 9 a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later 11 than November 1, 2009, and every 6 months thereafter 12 as long as funding provided under this heading is available 13 for obligation or expenditure: Provided further, That the 14 Comptroller General of the United States shall review on an annual basis the expenditures from funds provided 16 under this heading to determine if such funds are used 17 in a manner consistent with the purpose and requirements 18 under this heading. 19 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for ‘‘Public Health and So23 cial Services Emergency Fund’’ to support advanced re24 search and development pursuant to section 319L of the Public Health Service Act, $430,000,000: Provided, That l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 151 1 the provisions of section 1103 of this Act shall not apply 2 to this appropriation. 3 For an additional amount for ‘‘Public Health and So4 cial Services Emergency Fund’’ to prepare for and re5 spond to an influenza pandemic, including the develop6 ment and purchase of vaccine, antivirals, necessary med7 ical supplies, diagnostics, and other surveillance tools, 8 $420,000,000: Provided, That the provisions of section 9 1103 of this Act shall not apply to this appropriation: Pro10 vided further, That products purchased with these funds 11 may, at the discretion of the Secretary of Health and 12 Human Services (‘‘Secretary’’), be deposited in the Stra13 tegic National Stockpile: Provided further, That notwith14 standing section 496(b) of the Public Health Service Act, 15 funds may be used for the construction or renovation of 16 privately owned facilities for the production of pandemic 17 influenza vaccine and other biologics, where the Secretary 18 finds such a contract necessary to secure sufficient sup19 plies of such vaccines or biologics: Provided further, That 20 funds appropriated in this paragraph may be transferred 21 to other appropriation accounts of the Department of 22 Health and Human Services, as determined by the Sec23 retary to be appropriate, to be used for the purposed speci24 fied in this sentence. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 152 1 For an additional amount for ‘‘Public Health and So2 cial Services Emergency Fund’’ to improve information 3 technology security at the Department of Health and 4 Human Services, $50,000,000: Provided, That the Secretary shall prepare and submit a report by not later than 6 November 1, 2009, and by not later than 15 days after 7 the end of each month thereafter, updating the status of 8 actions taken and funds obligated in this and previous ap9 propriations Acts for pandemic influenza preparedness and response activities, biomedical advanced research and 11 development activities, Project BioShield, and Cyber Secu12 rity. 13 PREVENTION AND WELLNESS FUND 14 (INCLUDING TRANSFER OF FUNDS) For necessary expenses for a ‘‘Prevention and 16 Wellness Fund’’ to be administered through the Depart17 ment of Health and Human Services Office of the Sec18 retary, $3,000,000,000: Provided, That the provisions of 19 section 1103 of this Act shall not apply to this appropriation: Provided further, That of the amount appropriated 21 under this heading not less than $2,350,000,000 shall be 22 transferred to the Centers for Disease Control and Pre23 vention as follows: 24 (1) not less than $954,000,000 shall be used as an additional amount to carry out the immunization l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 153 1 program authorized by section 317(a), (j), and 2 (k)(1) of the Public Health Service Act (‘‘section 3 317 immunization program’’), of which 4 $649,900,000 shall be available on October 1, 2009; 5 (2) not less than $296,000,000 shall be used as 6 an additional amount to carry out Part A of title 7 XIX of the Public Health Service Act, of which 8 $148,000,000 shall be available on October 1, 2009; 9 (3) not less than $545,000,000 shall be used as 10 an additional amount to carry out chronic disease, 11 health promotion, and genomics programs, as jointly 12 determined by the Secretary of Health and Human 13 Services (‘‘Secretary’’) and the Director of the Cen14 ters for Disease Control and Prevention (‘‘Direc15 tor’’); 16 (4) not less than $335,000,000 shall be used as 17 an additional amount to carry out domestic HIV/ 18 AIDS, viral hepatitis, sexually-transmitted diseases, 19 and tuberculosis prevention programs, as jointly de20 termined by the Secretary and the Director; 21 (5) not less than $60,000,000 shall be used as 22 an additional amount to carry out environmental 23 health programs, as jointly determined by the Sec 24 retary and the Director; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 154 1 (6) not less than $50,000,000 shall be used as 2 an additional amount to carry out injury prevention 3 and control programs, as jointly determined by the 4 Secretary and the Director; (7) not less than $30,000,000 shall be used as 6 an additional amount for public health workforce de7 velopment activities, as jointly determined by the 8 Secretary and the Director; 9 (8) not less than $40,000,000 shall be used as an additional amount for the National Institute for 11 Occupational Safety and Health to carry out re12 search activities within the National Occupational 13 Research Agenda; and 14 (9) not less than $40,000,000 shall be used as an additional amount for the National Center for 16 Health Statistics: 17 Provided further, That of the amount appropriated under 18 this heading not less than $150,000,000 shall be available 19 for an additional amount to carry out activities to implement a national action plan to prevent healthcare-associ21 ated infections, as determined by the Secretary, of which 22 not less $50,000,000 shall be provided to States to imple23 ment healthcare-associated infection reduction strategies: 24 Provided further, That of the amount appropriated under this heading $500,000,000 shall be used to carry out evi l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 155 1 dence-based clinical and community-based prevention and 2 wellness strategies and public health workforce develop3 ment activities authorized by the Public Health Service 4 Act, as determined by the Secretary, that deliver specific, measurable health outcomes that address chronic and in6 fectious disease rates and health disparities, which shall 7 include evidence-based interventions in obesity, diabetes, 8 heart disease, cancer, tobacco cessation and smoking pre9 vention, and oral health, and which may be used for the Healthy Communities program administered by the Cen11 ters for Disease Control and Prevention and other existing 12 community-based programs administered by the Depart13 ment of Health and Human Services: Provided further, 14 That funds appropriated in the preceding proviso may be transferred to other appropriation accounts of the Depart16 ment of Health and Human Services, as determined by 17 the Secretary to be appropriate: Provided further, That the 18 Secretary shall, directly or through contracts with public 19 or private entities, provide for annual evaluations of programs carried out with funds provided under this heading 21 in order to determine the quality and effectiveness of the 22 programs: Provided further, That the Secretary shall, not 23 later than 1 year after the date of enactment of this Act, 24 submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on En- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 156 1 ergy and Commerce of the House of Representatives, and 2 the Committee on Health, Education, Labor, and Pen3 sions of the Senate, a report (1) summarizing the annual 4 evaluations of programs from the preceding proviso; and (2) making recommendations concerning future spending 6 on prevention and wellness activities, including any rec7 ommendations made by the United States Preventive 8 Services Task Force in the area of clinical preventive serv9 ices and the Task Force on Community Preventive Services in the area of community preventive services: Provided 11 further, That the Secretary shall enter into a contract with 12 the Institute of Medicine, for which no more than 13 $1,500,000 shall be made available from funds provided 14 in this paragraph, to produce and submit a report to the Congress and the Secretary by no later than 1 year after 16 the date of enactment of this Act that includes rec17 ommendations on the national priorities for clinical and 18 community-based prevention and wellness activities that 19 will have a positive impact in preventing illness or reducing healthcare costs and that considers input from stake21 holders: Provided further, That the Secretary shall provide 22 to the Committees on Appropriations of the House of Rep23 resentatives and the Senate a fiscal year 2009 operating 24 plan for the Prevention and Wellness Fund prior to making any Federal obligations of funds provided under this l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 157 1 heading in fiscal year 2009 (excluding funds to carry out 2 the section 317 immunization program), but not later than 3 90 days after the date of enactment of this Act, and a 4 fiscal year 2010 operating plan for the Prevention and 5 Wellness Fund prior to making any Federal obligations 6 of funds provided under this heading in fiscal year 2010 7 (excluding funds to carry out the section 317 immuniza8 tion program), but not later than November 1, 2009, that 9 indicate the prevention priorities to be addressed; provide 10 measurable goals for each prevention priority; detail the 11 allocation of resources within the Department of Health 12 and Human Services; and identify which programs or ac13 tivities are supported, including descriptions of any new 14 programs or activities: Provided further, That the Sec15 retary shall provide to the Committees on Appropriations 16 of the House of Representatives and the Senate a report 17 on the actual obligations, expenditures, and unobligated 18 balances for each activity funded under this heading not 19 later than November 1, 2009 and every 6 months there20 after as long as funding provided under this heading is 21 available for obligation or expenditure. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 158 1 GENERAL PROVISIONS, THIS SUBTITLE 2 SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM3 PARATIVE EFFECTIVENESS RESEARCH. 4 (a) ESTABLISHMENT.—There is hereby established a Federal Coordinating Council for Comparative Effective6 ness Research (in this section referred to as the ‘‘Coun7 cil’’). 8 (b) PURPOSE; DUTIES.—The Council shall— 9 (1) assist the offices and agencies of the Federal Government, including the Departments of 11 Health and Human Services, Veterans Affairs, and 12 Defense, and other Federal departments or agencies, 13 to coordinate the conduct or support of comparative 14 effectiveness and related health services research; and 16 (2) advise the President and Congress on— 17 (A) strategies with respect to the infra18 structure needs of comparative effectiveness re19 search within the Federal Government; (B) appropriate organizational expendi 21 tures for comparative effectiveness research by 22 relevant Federal departments and agencies; and 23 (C) opportunities to assure optimum co 24 ordination of comparative effectiveness and related health services research conducted or sup- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 159 1 ported by relevant Federal departments and 2 agencies, with the goal of reducing duplicative 3 efforts and encouraging coordinated and com 4 plementary use of resources. 5 (c) MEMBERSHIP.— 6 (1) NUMBER AND APPOINTMENT.—The Council 7 shall be composed of not more than 15 members, all 8 of whom are senior Federal officers or employees 9 with responsibility for health-related programs, ap10 pointed by the President, acting through the Sec11 retary of Health and Human Services (in this sec12 tion referred to as the ‘‘Secretary’’). Members shall 13 first be appointed to the Council not later than 30 14 days after the date of the enactment of this Act. 15 (2) MEMBERS.— 16 (A) IN GENERAL.—The members of the 17 Council shall include one senior officer or em18 ployee from each of the following agencies: 19 (i) The Agency for Healthcare Re20 search and Quality. 21 (ii) The Centers for Medicare and 22 Medicaid Services. 23 (iii) The National Institutes of 24 Health. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 160 1 (iv) The Office of the National Coor2 dinator for Health Information Tech3 nology. 4 (v) The Food and Drug Administration. 6 (vi) The Veterans Health Administra7 tion within the Department of Veterans 8 Affairs. 9 (vii) The office within the Department of Defense responsible for management of 11 the Department of Defense Military 12 Health Care System. 13 (B) QUALIFICATIONS.—At least half of the 14 members of the Council shall be physicians or other experts with clinical expertise. 16 (3) CHAIRMAN; VICE CHAIRMAN.—The Sec17 retary shall serve as Chairman of the Council and 18 shall designate a member to serve as Vice Chairman. 19 (d) REPORTS.— (1) INITIAL REPORT.—Not later than June 30, 21 2009, the Council shall submit to the President and 22 the Congress a report containing information de 23 scribing Federal activities on comparative effective 24 ness research and recommendations for additional investments in such research conducted or supported l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 161 1 from funds made available for allotment by the Sec 2 retary for comparative effectiveness research in this 3 Act. 4 (2) ANNUAL REPORT.—The Council shall submit to the President and Congress an annual report 6 regarding its activities and recommendations con7 cerning the infrastructure needs, appropriate organi8 zational expenditures and opportunities for better 9 coordination of comparative effectiveness research by relevant Federal departments and agencies. 11 (e) STAFFING; SUPPORT.—From funds made avail12 able for allotment by the Secretary for comparative effec13 tiveness research in this Act, the Secretary shall make 14 available not more than 1 percent to the Council for staff and administrative support. 16 SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH17 NOLOGY. 18 (a) IN GENERAL.—The Secretary of Health and 19 Human Services shall invest in the infrastructure necessary to allow for and promote the electronic exchange 21 and use of health information for each individual in the 22 United States consistent with the goals outlined in the 23 Strategic Plan developed by the Office of the National Co24 ordinator for Health Information Technology. Such investment shall include investment in at least the following: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 162 1 (1) Health information technology architecture 2 that will support the nationwide electronic exchange 3 and use of health information in a secure, private, 4 and accurate manner, including connecting health information exchanges, and which may include up6 dating and implementing the infrastructure nec7 essary within different agencies of the Department 8 of Health and Human Services to support the elec9 tronic use and exchange of health information. (2) Integration of health information tech11 nology, including electronic medical records, into the 12 initial and ongoing training of health professionals 13 and others in the healthcare industry who would be 14 instrumental to improving the quality of healthcare through the smooth and accurate electronic use and 16 exchange of health information as determined by the 17 Secretary. 18 (3) Training on and dissemination of informa19 tion on best practices to integrate health information technology, including electronic records, into a pro 21 vider’s delivery of care, including community health 22 centers receiving assistance under section 330 of the 23 Public Health Service Act and providers partici 24 pating in one or more of the programs under titles XVIII, XIX, and XXI of the Social Security Act (re l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 163 1 lating to Medicare, Medicaid, and the State Chil 2 drens Health Insurance Program). 3 (4) Infrastructure and tools for the promotion 4 of telemedicine, including coordination among Federal agencies in the promotion of telemedicine. 6 (5) Promotion of the interoperability of clinical 7 data repositories or registries. 8 The Secretary shall implement paragraph (3) in coordina9 tion with State agencies administering the Medicaid program and the State Children’s Health Insurance Program. 11 (b) LIMITATION.—None of the funds appropriated to 12 carry out this section may be used to make significant in13 vestments in, or provide significant funds for, the acquisi14 tion of hardware or software or for the use of an electronic health or medical record, or significant components there16 of, unless such investments or funds are for certified prod17 ucts that would permit the full and accurate electronic ex18 change and use of health information in a medical record, 19 including standards for security, privacy, and quality improvement functions adopted by the Office of the National 21 Coordinator for Health Information Technology. 22 (c) REPORT.—The Secretary shall annually report to 23 the Committees on Energy and Commerce, on Ways and 24 Means, on Science and Technology, and on Appropriations of the House of Representatives and the Committees on l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 164 1 Finance, on Health, Education, Labor, and Pensions, and 2 on Appropriations of the Senate on the uses of these funds 3 and their impact on the infrastructure for the electronic 4 exchange and use of health information. Subtitle C—Education 6 DEPARTMENT OF EDUCATION 7 EDUCATION FOR THE DISADVANTAGED 8 For an additional amount for ‘‘Education for the Dis9 advantaged’’ to carry out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’), 11 $13,000,000,000: Provided, That $5,500,000,000 shall be 12 available for targeted grants under section 1125 of the 13 ESEA, of which $2,750,000,000 shall become available on 14 July 1, 2009, and shall remain available through September 30, 2010, and $2,750,000,000 shall become avail16 able on July 1, 2010, and shall remain available through 17 September 30, 2011: Provided further, That 18 $5,500,000,000 shall be available for education finance in19 centive grants under section 1125A of the ESEA, of which $2,750,000,000 shall become available on July 1, 2009, 21 and shall remain available through September 30, 2010, 22 and $2,750,000,000 shall become available on July 1, 23 2010, and shall remain available through September 30, 24 2011: Provided further, That $2,000,000,000 shall be for school improvement grants under section 1003(g) of the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 165 1 ESEA, of which $1,000,000,000 shall become available on 2 July 1, 2009, and shall remain available through Sep3 tember 30, 2010, and $1,000,000,000 shall become avail4 able on July 1, 2010, and shall remain available through September 30, 2011: Provided further, That the provisions 6 of section 1106 of this Act shall not apply to this appro7 priation. 8 IMPACT AID 9 For an additional amount for ‘‘Impact Aid’’ to carry out section 8007 of title VIII of the Elementary and Sec11 ondary Education Act of 1965, $100,000,000, which shall 12 remain available through September 30, 2010: Provided, 13 That the amount set aside from this appropriation pursu14 ant to section 1106 of this Act shall be 1 percent instead of the percentage specified in such section. 16 SCHOOL IMPROVEMENT PROGRAMS 17 For an additional amount for ‘‘School Improvement 18 Programs’’ to carry out subpart 1, part D of title II of 19 the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’), and subtitle B of title VII of the McKinney21 Vento Homeless Assistance Act, $1,066,000,000: Pro22 vided, That $1,000,000,000 shall be available for subpart 23 1, part D of title II of the ESEA, of which $500,000,000 24 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $500,000,000 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 166 1 shall become available on July 1, 2010, and remain avail2 able through September 30, 2011: Provided further, That 3 the provisions of section 1106 of this Act shall not apply 4 to these funds: Provided further, That $66,000,000 shall be available for subtitle B of title VII of the McKinney6 Vento Homeless Assistance Act, of which $33,000,000 7 shall become available on July 1, 2009, and shall remain 8 available through September 30, 2010, and $33,000,000 9 shall become available on July 1, 2010, and remain available through September 30, 2011. 11 INNOVATION AND IMPROVEMENT 12 For an additional amount for ‘‘Innovation and Im13 provement’’ to carry out subpart 1, part D and subpart 14 2, part B of title V of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’), $225,000,000: Provided, 16 That $200,000,000 shall be available for subpart 1, part 17 D of title V of the ESEA: Provided further, That these 18 funds shall be expended as directed in the fifth, sixth, and 19 seventh provisos under the heading ‘‘Innovation and Improvement’’ in the Department of Education Appropria21 tions Act, 2008: Provided further, That a portion of these 22 funds shall also be used for a rigorous national evaluation 23 by the Institute of Education Sciences, utilizing random24 ized controlled methodology to the extent feasible, that assesses the impact of performance-based teacher and prin l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 167 1 cipal compensation systems supported by the funds pro2 vided in this Act on teacher and principal recruitment and 3 retention in high-need schools and subjects: Provided fur4 ther, That $25,000,000 shall be available for subpart 2, part B of title V of the ESEA: Provided further, That the 6 amount set aside from this appropriation pursuant to sec7 tion 1106 of this Act shall be 1 percent instead of the 8 percentage specified in such section. 9 SPECIAL EDUCATION For an additional amount for ‘‘Special Education’’ 11 for carrying out section 611 and part C of the Individuals 12 with Disabilities Education Act (‘‘IDEA’’), 13 $13,600,000,000: Provided, That $13,000,000,000 shall 14 be available for section 611 of the IDEA, of which $6,000,000,000 shall become available on July 1, 2009, 16 and remain available through September 30, 2010, and 17 $7,000,000,000 shall become available on July 1, 2010, 18 and remain available through September 30, 2011: Pro19 vided further, That $600,000,000 shall be available for part C of the IDEA, of which $300,000,000 shall become 21 available on July 1, 2009, and remain available through 22 September 30, 2010, and $300,000,000 shall become 23 available on July 1, 2010, and remain available through 24 September 30, 2011: Provided further, That by July 1, 2009, the Secretary of Education shall reserve the amount l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 168 1 needed for grants under section 643(e) of the IDEA from 2 funds available for obligation on July 1, 2009, with any 3 remaining funds to be allocated in accordance with section 4 643(c) of the IDEA: Provided further, That by July 1, 2010, the Secretary shall reserve the amount needed for 6 grants under section 643(e) of the IDEA from funds avail7 able for obligation on July 1, 2010, with any remaining 8 funds to be allocated in accordance with section 643(c) 9 of the IDEA: Provided further, That if every State, as defined by section 602(31) of the IDEA, reaches its max11 imum allocation under section 611(d)(3)(B)(iii) of the 12 IDEA, and there are remaining funds, such funds shall 13 be proportionally allocated to each State subject to the 14 maximum amounts contained in section 611(a)(2) of the IDEA: Provided further, That the provisions of section 16 1106 of this Act shall not apply to this appropriation. 17 REHABILITATION SERVICES AND DISABILITY RESEARCH 18 For an additional amount for ‘‘Rehabilitation Serv19 ices and Disability Research’’ for providing grants to States to carry out the Vocational Rehabilitation Services 21 program under part B of title I and parts B and C of 22 chapter 1 and chapter 2 of title VII of the Rehabilitation 23 Act of 1973, $700,000,000: Provided, That $500,000,000 24 shall be available for part B of title I of the Rehabilitation Act, of which $250,000,000 shall become available on Oc l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 169 1 tober 1, 2009: Provided further, That funds provided here2 in shall not be considered in determining the amount re3 quired to be appropriated under section 100(b)(1) of the 4 Rehabilitation Act of 1973 in any fiscal year: Provided further, That, notwithstanding section 7(14)(A), the Federal 6 share of the costs of vocational rehabilitation services pro7 vided with the funds provided herein shall be 100 percent: 8 Provided further, That the provisions of section 1106 of 9 this Act shall not apply to these funds: Provided further, That $200,000,000 shall be available for parts B and C 11 of chapter 1 and chapter 2 of title VII of the Rehabilita12 tion Act, of which $100,000,000 shall become available on 13 October 1, 2009: Provided further, That $34,775,000 shall 14 be for State Grants, $114,581,000 shall be for independent living centers, and $50,644,000 shall be for serv16 ices for older blind individuals. 17 STUDENT FINANCIAL ASSISTANCE 18 For an additional amount for ‘‘Student Financial As19 sistance’’ to carry out subpart 1 of part A and part C of title IV of the Higher Education Act of 1965 (‘‘HEA’’), 21 $16,126,000,000, which shall remain available through 22 September 30, 2011: Provided, That $15,636,000,000 23 shall be available for subpart 1of part A of title IV of the 24 HEA: Provided further, That $490,000,000 shall be available for part C of title IV of the HEA, of which l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 170 1 $245,000,000 shall become available on October 1, 2009: 2 Provided further, That the provisions of section 1106 of 3 this Act shall not apply to this appropriation. 4 The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860. 6 STUDENT AID ADMINISTRATION 7 For an additional amount for ‘‘Student Aid Adminis8 tration’’ to carry out part D of title I, and subparts 1, 9 3, and 4 of part A, and parts B, C, D, and E of title IV of the Higher Education Act of 1965, $50,000,000, 11 which shall remain available through September 30, 2011: 12 Provided, That such amount shall also be available for an 13 independent audit of programs and activities authorized 14 under section 459A of such Act: Provided further, That the provisions of section 1106 of this Act shall not apply 16 to this appropriation. 17 HIGHER EDUCATION 18 For an additional amount for ‘‘Higher Education’’ to 19 carry out part A of title II of the Higher Education Act of 1965, $100,000,000: Provided, That section 203(c)(1) 21 of such Act shall not apply to awards made with these 22 funds. 23 INSTITUTE OF EDUCATION SCIENCES 24 For an additional amount for Institute of Education Sciences to carry out section 208 of the Educational Tech- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 171 1 nical Assistance Act, $250,000,000, which may be used 2 for Statewide data systems that include postsecondary and 3 workforce information, of which up to $5,000,000 may be 4 used for State data coordinators and for awards to public or private organizations or agencies to improve data co6 ordination: Provided, That the amount set aside from this 7 appropriation pursuant to section 1106 of this Act shall 8 be 1 percent instead of the percentage specified in such 9 section. SCHOOL MODERNIZATION, RENOVATION, AND REPAIR 11 For carrying out section 9301 of this Act, 12 $14,000,000,000: Provided, That amount available under 13 section 9301 of this Act for administration and oversight 14 shall take the place of the set-aside under section 1106 of this Act. 16 HIGHER EDUCATION MODERNIZATION, RENOVATION, 17 AND REPAIR 18 For carrying out section 9302 of this Act, 19 $6,000,000,000: Provided, That amount available under section 9302 of this Act for administration and oversight 21 shall take the place of the set-aside under section 1106 22 of this Act. 23 SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB24 LIC SCHOOL FACILITIES. (a) DEFINITIONS.—In this section: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 172 1 (1) The term ‘‘Bureau-funded school’’ has the 2 meaning given to such term in section 1141 of the 3 Education Amendments of 1978 (25 U.S.C. 2021). 4 (2) The term ‘‘charter school’’ has the meaning 5 given such term in section 5210 of the Elementary 6 and Secondary Education Act of 1965. 7 (3) The term ‘‘local educational agency’’— 8 (A) has the meaning given to that term in 9 section 9101 of the Elementary and Secondary 10 Education Act of 1965, and shall also include 11 the Recovery School District of Louisiana and 12 the New Orleans Public Schools; and 13 (B) includes any public charter school that 14 constitutes a local educational agency under 15 State law. 16 (4) The term ‘‘outlying area’’— 17 (A) means the United States Virgin Is18 lands, Guam, American Samoa, and the Com19 monwealth of the Northern Mariana Islands; 20 and 21 (B) includes the freely associated states of 22 the Republic of the Marshall Islands, the Fed 23 erated States of Micronesia, and the Republic 24 of Palau. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 173 1 (5) The term ‘‘public school facilities’’ includes 2 charter schools. 3 (6) The term ‘‘State’’ means each of the 50 4 States, the District of Columbia, and the Commonwealth of Puerto Rico. 6 (7) The term ‘‘LEED Green Building Rating 7 System’’ means the United States Green Building 8 Council Leadership in Energy and Environmental 9 Design green building rating standard referred to as the LEED Green Building Rating System. 11 (8) The term ‘‘Energy Star’’ means the Energy 12 Star program of the United States Department of 13 Energy and the United States Environmental Pro14 tection Agency. (9) The term ‘‘CHPS Criteria’’ means the 16 green building rating program developed by the Col17 laborative for High Performance Schools. 18 (10) The term ‘‘Green Globes’’ means the 19 Green Building Initiative environmental design and rating system referred to as Green Globes. 21 (b) PURPOSE.—Grants under this section shall be for 22 the purpose of modernizing, renovating, or repairing pub23 lic school facilities, based on their need for such improve24 ments, to be safe, healthy, high-performing, and up-todate technologically. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 174 1 (c) ALLOCATION OF FUNDS.— 2 (1) RESERVATIONS.— 3 (A) IN GENERAL.—From the amount ap 4 propriated to carry out this section, the Secretary of Education shall reserve 1 percent of 6 such amount, consistent with the purpose de7 scribed in subsection (b)— 8 (i) to provide assistance to the out9 lying areas; and (ii) for payments to the Secretary of 11 the Interior to provide assistance to Bu12 reau-funded schools. 13 (B) ADMINISTRATION AND OVERSIGHT.— 14 The Secretary may, in addition, reserve up to $6,000,000 of such amount for administration 16 and oversight of this section. 17 (2) ALLOCATION TO STATES.— 18 (A) STATE-BY-STATE ALLOCATION.—Of 19 the amount appropriated to carry out this section, and not reserved under paragraph (1), 21 each State shall be allocated an amount in pro 22 portion to the amount received by all local edu 23 cational agencies in the State under part A of 24 title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2008 relative l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 175 1 to the total amount received by all local edu 2 cational agencies in every State under such part 3 for such fiscal year. 4 (B) STATE ADMINISTRATION.—A State may reserve up to 1 percent of its allocation 6 under subparagraph (A) to carry out its respon7 sibilities under this section, including— 8 (i) providing technical assistance to 9 local educational agencies; (ii) developing, within 6 months of re11 ceiving its allocation under subparagraph 12 (A), a plan to develop a database that in13 cludes an inventory of public school facili14 ties in the State and the modernization, renovation, and repair needs of, energy use 16 by, and the carbon footprint of such 17 schools; and 18 (iii) developing a school energy effi19 ciency quality plan. (C) GRANTS TO LOCAL EDUCATIONAL 21 AGENCIES.—From the amount allocated to a 22 State under subparagraph (A), each local edu 23 cational agency in the State that meets the re 24 quirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 176 1 shall receive an amount in proportion to the 2 amount received by such local educational agen 3 cy under part A of title I of that Act for fiscal 4 year 2008 relative to the total amount received by all local educational agencies in the State 6 under such part for such fiscal year, except that 7 no local educational agency that received funds 8 under part A of title I of that Act for such fis9 cal year shall receive a grant of less than $5,000. 11 (D) SPECIAL RULE.—Section 1122(c)(3) 12 of the Elementary and Secondary Education 13 Act of 1965 shall not apply to subparagraph 14 (A) or (C). (3) SPECIAL RULES.— 16 (A) DISTRIBUTIONS BY SECRETARY.—The 17 Secretary of Education shall make and dis18 tribute the reservations and allocations de19 scribed in paragraphs (1) and (2) not later than 30 days after the date of the enactment of this 21 Act. 22 (B) DISTRIBUTIONS BY STATES.—A State 23 shall make and distribute the allocations de 24 scribed in paragraph (2)(C) within 30 days of receiving such funds from the Secretary. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 177 1 (d) USE ITOR LOSE IT REQUIREMENTS.— 2 (1) DEADLINE FOR BINDING COMMITMENTS.— 3 Each local educational agency receiving funds under 4 this section shall enter into contracts or other binding commitments not later than 1 year after the 6 date of the enactment of this Act (or not later than 7 9 months after such funds are awarded, if later) to 8 make use of 50 percent of such funds, and shall 9 enter into contracts or other binding commitments not later than 2 years after the date of the enact11 ment of this Act (or not later than 21 months after 12 such funds are awarded, if later) to make use of the 13 remaining funds. In the case of activities to be car14 ried out directly by a local educational agency (rather than by contracts, subgrants, or other arrange16 ments with third parties), a certification by the 17 agency specifying the amounts, planned timing, and 18 purpose of such expenditures shall be deemed a 19 binding commitment for purposes of this subsection. (2) REDISTRIBUTION OF UNCOMMITTED 21 FUNDS.—A State shall recover or deobligate any 22 funds not committed in accordance with paragraph 23 (1), and redistribute such funds to other local edu 24 cational agencies eligible under this section and able to make use of such funds in a timely manner (in l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 178 1 cluding binding commitments within 120 days after 2 the reallocation). 3 (e) ALLOWABLE USES OF FUNDS.—A local edu4 cational agency receiving a grant under this section shall use the grant for modernization, renovation, or repair of 6 public school facilities, including— 7 (1) repairing, replacing, or installing roofs, in8 cluding extensive, intensive or semi-intensive green 9 roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such 11 systems, windows, or doors, including security doors; 12 (2) repairing, replacing, or installing heating, 13 ventilation, air conditioning systems, or components 14 of such systems (including insulation), including indoor air quality assessments; 16 (3) bringing public schools into compliance with 17 fire, health, and safety codes, including professional 18 installation of fire/life safety alarms, including mod19 ernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as 21 improving building infrastructure to accommodate 22 security measures; 23 (4) modifications necessary to make public 24 school facilities accessible to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 179 1 et seq.) and section 504 of the Rehabilitation Act of 2 1973 (29 U.S.C. 794), except that such modifica 3 tions shall not be the primary use of the grant; 4 (5) asbestos or polychlorinated biphenyls abate 5 ment or removal from public school facilities; 6 (6) implementation of measures designed to re7 duce or eliminate human exposure to lead-based 8 paint hazards through methods including interim 9 controls, abatement, or a combination of each; 10 (7) implementation of measures designed to re11 duce or eliminate human exposure to mold or mil12 dew; 13 (8) upgrading or installing educational tech14 nology infrastructure to ensure that students have 15 access to up-to-date educational technology; 16 (9) technology activities that are carried out in 17 connection with school repair and renovation, includ18 ing— 19 (A) wiring; 20 (B) acquiring hardware and software; 21 (C) acquiring connectivity linkages and re 22 sources; and 23 (D) acquiring microwave, fiber optics, 24 cable, and satellite transmission equipment; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 180 1 (10) modernization, renovation, or repair of 2 science and engineering laboratory facilities, librar 3 ies, and career and technical education facilities, in 4 cluding those related to energy efficiency and renewable energy, and improvements to building infra6 structure to accommodate bicycle and pedestrian ac7 cess; 8 (11) renewable energy generation and heating 9 systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems 11 or components of such systems; 12 (12) other modernization, renovation, or repair 13 of public school facilities to— 14 (A) improve teachers’ ability to teach and students’ ability to learn; 16 (B) ensure the health and safety of stu17 dents and staff; 18 (C) make them more energy efficient; or 19 (D) reduce class size; and (13) required environmental remediation related 21 to public school modernization, renovation, or repair 22 described in paragraphs (1) through (12). 23 (f) IMPERMISSIBLE USES OF FUNDS.—No funds re24 ceived under this section may be used for— (1) payment of maintenance costs; or l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 181 1 (2) stadiums or other facilities primarily used 2 for athletic contests or exhibitions or other events 3 for which admission is charged to the general public. 4 (g) SUPPLEMENT, NOT SUPPLANT.—A local edu5 cational agency receiving a grant under this section shall 6 use such Federal funds only to supplement and not sup7 plant the amount of funds that would, in the absence of 8 such Federal funds, be available for modernization, ren9 ovation, or repair of public school facilities. 10 (h) PROHIBITION REGARDING STATE AID.—A State 11 shall not take into consideration payments under this sec12 tion in determining the eligibility of any local educational 13 agency in that State for State aid, or the amount of State 14 aid, with respect to free public education of children. 15 (i) SPECIAL RULE ON CONTRACTING.—Each local 16 educational agency receiving a grant under this section 17 shall ensure that, if the agency carries out modernization, 18 renovation, or repair through a contract, the process for 19 any such contract ensures the maximum number of quali20 fied bidders, including local, small, minority, and women- 21 and veteran-owned businesses, through full and open com22 petition. 23 (j) SPECIAL RULE ON USE OF IRON AND STEEL 24 PRODUCED IN THE UNITED STATES.— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 182 1 (1) IN GENERAL.—A local educational agency 2 shall not obligate or expend funds received under 3 this section for a project for the modernization, ren 4 ovation, or repair of a public school facility unless all 5 of the iron and steel used in such project is pro6 duced in the United States. 7 (2) EXCEPTIONS.—The provisions of paragraph 8 (1) shall not apply in any case in which the local 9 educational agency finds that— 10 (A) their application would be inconsistent 11 with the public interest; 12 (B) iron and steel are not produced in the 13 United States in sufficient and reasonably 14 available quantities and of a satisfactory qual15 ity; or 16 (C) inclusion of iron and steel produced in 17 the United States will increase the cost of the 18 overall project contract by more than 25 per19 cent. 20 (k) APPLICATION OF GEPA.—The grant program 21 under this section is an applicable program (as that term 22 is defined in section 400 of the General Education Provi23 sions Act (20 U.S.C. 1221)) subject to section 439 of such 24 Act (20 U.S.C. 1232b). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 183 1 (l) CHARTER SCHOOLS.—A local educational agency 2 receiving an allocation under this section shall use an equi3 table portion of that allocation for allowable activities ben4 efitting charter schools within its jurisdiction, as determined based on the percentage of students from low-in6 come families in the schools of the agency who are enrolled 7 in charter schools and on the needs of those schools as 8 determined by the agency. 9 (m) GREEN SCHOOLS.— (1) IN GENERAL.—A local educational agency 11 shall use not less than 25 percent of the funds re12 ceived under this section for public school mod13 ernization, renovation, or repairs that are certified, 14 verified, or consistent with any applicable provisions of— 16 (A) the LEED Green Building Rating Sys17 tem; 18 (B) Energy Star; 19 (C) the CHPS Criteria; (D) Green Globes; or 21 (E) an equivalent program adopted by the 22 State or another jurisdiction with authority over 23 the local educational agency. 24 (2) TECHNICAL ASSISTANCE.—The Secretary, in consultation with the Secretary of Energy and the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 184 1 Administrator of the Environmental Protection 2 Agency, shall provide outreach and technical assist 3 ance to States and school districts concerning the 4 best practices in school modernization, renovation, 5 and repair, including those related to student aca6 demic achievement and student and staff health, en7 ergy efficiency, and environmental protection. 8 (n) YOUTHBUILD PROGRAMS.—The Secretary of 9 Education, in consultation with the Secretary of Labor, 10 shall work with recipients of funds under this section to 11 promote appropriate opportunities for participants in a 12 YouthBuild program (as defined in section 173A of the 13 Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 14 gain employment experience on modernization, renovation, 15 and repair projects funded under this section. 16 (o) REPORTING.— 17 (1) REPORTS BY LOCAL EDUCATIONAL AGEN18 CIES.—Local educational agencies receiving a grant 19 under this section shall compile, and submit to the 20 State educational agency (which shall compile and 21 submit such reports to the Secretary), a report de 22 scribing the projects for which such funds were used, 23 including— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 185 1 (A) the number of public schools in the 2 agency, including the number of charter 3 schools; 4 (B) the total amount of funds received by 5 the local educational agency under this section 6 and the amount of such funds expended, includ7 ing the amount expended for modernization, 8 renovation, and repair of charter schools; 9 (C) the number of public schools in the 10 agency with a metro-centric locale code of 41, 11 42, or 43 as determined by the National Center 12 for Education Statistics and the percentage of 13 funds received by the agency under this section 14 that were used for projects at such schools; 15 (D) the number of public schools in the 16 agency that are eligible for schoolwide programs 17 under section 1114 of the Elementary and Sec18 ondary Education Act of 1965 and the percent19 age of funds received by the agency under this 20 section that were used for projects at such 21 schools; 22 (E) the cost of each project, which, if any, 23 of the standards described in subsection (k)(1) 24 the project met, and any demonstrable or ex- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 186 1 pected academic, energy, or environmental ben 2 efits as a result of the project; 3 (F) if flooring was installed, whether— 4 (i) it was low- or no-VOC (Volatile Organic Compounds) flooring; 6 (ii) it was made from sustainable ma7 terials; and 8 (iii) use of flooring described in clause 9 (i) or (ii) was cost effective; and (G) the total number and amount of con11 tracts awarded, and the number and amount of 12 contracts awarded to local, small, minority13 owned, women-owned, and veteran-owned busi14 nesses. (2) REPORTS BY SECRETARY.—Not later than 16 December 31, 2011, the Secretary of Education 17 shall submit to the Committees on Education and 18 Labor and Appropriations of the House of Rep19 resentatives and the Committees on Health, Education, Labor, and Pensions and Appropriations of 21 the Senate a report on grants made under this sec 22 tion, including the information described in para 23 graph (1), the types of modernization, renovation, 24 and repair funded, and the number of students impacted, including the number of students counted l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 187 1 under section 1113(a)(5) of the Elementary and 2 Secondary Education Act of 1965. 3 SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA4 TION, AND REPAIR. (a) PURPOSE.—Grants awarded under this section 6 shall be for the purpose of modernizing, renovating, and 7 repairing institution of higher education facilities that are 8 primarily used for instruction, research, or student hous9 ing. (b) GRANTS TO STATE HIGHER EDUCATION AGEN11 CIES.— 12 (1) FORMULA.—From the amounts appro13 priated to carry out this section, the Secretary of 14 Education shall allocate funds to State higher education agencies based on the number of students at16 tending institutions of higher education, with the 17 State higher education agency in each State receiv18 ing an amount that is in proportion to the number 19 of full-time equivalent undergraduate students attending institutions of higher education in such 21 State for the most recent fiscal year for which there 22 are data available, relative to the total number of 23 full-time equivalent undergraduate students attend 24 ing institutions of higher education in all States for such fiscal year. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 188 1 (2) APPLICATION.—To be eligible to receive an 2 allocation from the Secretary under paragraph (1), 3 a State higher education agency shall submit an ap 4 plication to the Secretary at such time and in such 5 manner as the Secretary may reasonably require. 6 (3) REALLOCATION.—Amounts allocated to a 7 State higher education agency under this section 8 that are not obligated by such agency within 6 9 months of the date the agency receives such 10 amounts shall be returned to the Secretary, and the 11 Secretary shall reallocate such amounts to State 12 higher education agencies in other States on the 13 same basis as the original allocations under para14 graph (1)(B). 15 (4) ADMINISTRATION AND OVERSIGHT EX16 PENSES.—From the amounts appropriated to carry 17 out this section, not more than $6,000,000 shall be 18 available to the Secretary for administrative and 19 oversight expenses related to carrying out this sec20 tion. 21 (c) USE OF GRANTS BY STATE HIGHER EDUCATION 22 AGENCIES.— 23 (1) SUBGRANTS TO INSTITUTIONS OF HIGHER 24 EDUCATION.— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 189 1 (A) IN GENERAL.—Except as provided in 2 paragraph (2), each State higher education 3 agency receiving an allocation under subsection 4 (b)(1) shall use the amount allocated to award subgrants to institutions of higher education 6 within the State to carry out projects in accord7 ance with subsection (d)(1). 8 (B) SUBGRANT AWARD ALLOCATION.—A 9 State higher education agency shall award sub- grants to institutions of higher education under 11 this section based on the demonstrated need of 12 each institution for facility modernization, ren13 ovation, and repair. 14 (C) PRIORITY CONSIDERATIONS.—In awarding subgrants under this section, each 16 State higher education agency shall give pri17 ority consideration to institutions of higher edu18 cation with any of the following characteristics: 19 (i) The institution is eligible for Federal assistance under title III or title V of 21 the Higher Education Act of 1965. 22 (ii) The institution was impacted by a 23 major disaster or emergency declared by 24 the President (as defined in section 102(2) of the Robert T. Stafford Disaster Relief l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 190 1 and Emergency Assistance Act (42 U.S.C. 2 5122(2))), including an institution affected 3 by a Gulf hurricane disaster, as such term 4 is defined in section 824(g)(1) of the Higher Education Act of 1965 (20 U.S.C. 6 11611–3(g)(1)). 7 (iii) The institution demonstrates that 8 the proposed project or projects to be car9 ried out with a subgrant under this section will increase the energy efficiency of the in11 stitution’s facilities and comply with the 12 LEED Green Building Rating System. 13 (2) ADMINISTRATIVE AND OVERSIGHT EX14 PENSES.—Of the allocation amount received under subsection (b)(1), a State higher education agency 16 may reserve not more than 5 percent of such 17 amount, or $500,000, whichever is less, for adminis18 trative and oversight expenses related to carrying 19 out this section. (d) USE OF SUBGRANTS BY INSTITUTIONS OF HIGH21 ER EDUCATION.— 22 (1) PERMISSIBLE USES OF FUNDS.—An institu 23 tion of higher education receiving a subgrant under 24 this section shall use such subgrant to modernize, renovate, or repair facilities of the institution that l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 191 1 are primarily used for instruction, research, or stu 2 dent housing, which may include any of the fol 3 lowing: 4 (A) Repair, replacement, or installation of 5 roofs, electrical wiring, plumbing systems, sew6 age systems, or lighting systems. 7 (B) Repair, replacement, or installation of 8 heating, ventilation, or air conditioning systems 9 (including insulation). 10 (C) Compliance with fire and safety codes, 11 including— 12 (i) professional installation of fire or 13 life safety alarms; and 14 (ii) modernizations, renovations, and 15 repairs that ensure that the institution’s 16 facilities are prepared for emergencies, 17 such as improving building infrastructure 18 to accommodate security measures. 19 (D) Retrofitting necessary to increase the 20 energy efficiency of the institution’s facilities. 21 (E) Renovations to the institution’s facili 22 ties necessary to comply with accessibility re 23 quirements in the Americans with Disabilities 24 Act of 1990 (42 U.S.C. 12101 et seq.) and sec l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 192 1 tion 504 of the Rehabilitation Act of 1973 (29 2 U.S.C. 794). 3 (F) Abatement or removal of asbestos from 4 the institution’s facilities. (G) Modernization, renovation, and repair 6 relating to improving science and engineering 7 laboratories, libraries, and instructional facili8 ties. 9 (H) Upgrading or installation of educational technology infrastructure. 11 (I) Installation or upgrading of renewable 12 energy generation and heating systems, includ13 ing solar, photovoltaic, wind, biomass (including 14 wood pellet), or geothermal systems, or components of such systems. 16 (J) Other modernization, renovation, or re17 pair projects that are primarily for instruction, 18 research, or student housing. 19 (2) GREEN SCHOOL REQUIREMENT.—An institution of higher education receiving a subgrant 21 under this section shall use not less than 25 percent 22 of such subgrant to carry out projects for mod 23 ernization, renovation, or repair that are certified, 24 verified, or consistent with the applicable provisions of— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 193 1 (A) the LEED Green Building Rating Sys2 tem; 3 (B) Energy Star; 4 (C) the CHPS Criteria; 5 (D) Green Globes; or 6 (E) an equivalent program adopted by the 7 State or the State higher education agency. 8 (3) PROHIBITED USES OF FUNDS.—No funds 9 awarded under this section may be used for— 10 (A) the maintenance of systems, equip11 ment, or facilities, including maintenance asso12 ciated with any permissible uses of funds de13 scribed in paragraph (1); 14 (B) modernization, renovation, or repair of 15 stadiums or other facilities primarily used for 16 athletic contests or exhibitions or other events 17 for which admission is charged to the general 18 public; 19 (C) modernization, renovation, or repair of 20 facilities— 21 (i) used for sectarian instruction, reli 22 gious worship, or a school or department 23 of divinity; or l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 194 1 (ii) in which a substantial portion of 2 the functions of the facilities are subsumed 3 in a religious mission; or 4 (D) construction of new facilities. (4) USE IT OR LOSE IT REQUIREMENTS.— 6 (A) DEADLINE FOR BINDING COMMIT7 MENTS.—Each institution of higher education 8 receiving a subgrant under this section shall 9 enter into contracts or other binding commitments not later than 1 year after the date of 11 the enactment of this Act (or not later than 9 12 months after the subgrant is awarded, if later) 13 to make use of 50 percent of the funds award14 ed, and shall enter into contracts or other binding commitments not later than 2 years after 16 the date of the enactment of this Act (or not 17 later than 21 months after the subgrant is 18 awarded, if later) to make use of the remaining 19 funds. In the case of activities to be carried out directly by an institution of higher education re 21 ceiving such a subgrant (rather than by con 22 tracts, subgrants, or other arrangements with 23 third parties), a certification by the institution 24 specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 195 1 binding commitment for purposes of this sec2 tion. 3 (B) REDISTRIBUTION OF UNCOMMITTED 4 FUNDS.—A State higher education agency shall 5 recover or deobligate any subgrant funds not 6 committed in accordance with subparagraph 7 (A), and redistribute such funds to other insti8 tutions of higher education that are— 9 (i) eligible for subgrants under this 10 section; and 11 (ii) able to make use of such funds in 12 a timely manner (including binding com13 mitments within 120 days after the re14 allocation). 15 (e) APPLICATION OF GEPA.—The grant program au16 thorized in this section is an applicable program (as that 17 term is defined in section 400 of the General Education 18 Provisions Act (20 U.S.C. 1221)) subject to section 439 19 of such Act (20 U.S.C. 1232b). The Secretary shall, not20 withstanding section 437 of such Act (20 U.S.C. 1232) 21 and section 553 of title 5, United States Code, establish 22 such program rules as may be necessary to implement 23 such grant program by notice in the Federal Register. 24 (f) REPORTING.— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 196 1 (1) REPORTS BY INSTITUTIONS.—Not later 2 than September 30, 2011, each institution of higher 3 education receiving a subgrant under this section 4 shall submit to the State higher education agency awarding such subgrant a report describing the 6 projects for which such subgrant was received, in7 cluding— 8 (A) a description of each project carried 9 out, or planned to be carried out, with such subgrant, including the types of modernization, 11 renovation, and repair to be completed by each 12 such project; 13 (B) the total amount of funds received by 14 the institution under this section and the amount of such funds expended, as of the date 16 of the report, on the such projects; 17 (C) the actual or planned cost of each such 18 project and any demonstrable or expected aca19 demic, energy, or environmental benefits resulting from such project; and 21 (D) the total number of contracts, and 22 amount of funding for such contracts, awarded 23 by the institution to carry out such projects, as 24 of the date of such report, including the number of contracts, and amount of funding for l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 197 1 such contracts, awarded to local, small, minor 2 ity-owned, women-owned, and veteran-owned 3 businesses, as such terms are defined by the 4 Small Business Act. 5 (2) REPORTS BY STATES.—Not later than De6 cember 31, 2011, each State higher education agen7 cy receiving a grant under this section shall submit 8 to the Secretary a report containing a compilation of 9 all of the reports under paragraph (1) submitted to 10 the agency by institutions of higher education. 11 (3) REPORTS BY THE SECRETARY.—Not later 12 than March 31, 2012, the Secretary shall submit to 13 the Committee on Education and Labor in the 14 House of Representatives and the Committee on 15 Health, Education, Labor, and Pensions in the Sen16 ate and Committees on Appropriations of the House 17 of Representatives and the Senate a report on 18 grants and subgrants made under this section, in19 cluding the information described in paragraph (1). 20 (g) DEFINITIONS.—In this section: 21 (1) CHPS CRITERIA.—The term ‘‘CHPS Cri 22 teria’’ means the green building rating program de 23 veloped by the Collaborative for High Performance 24 Schools. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 198 1 (2) ENERGY STAR.—The term ‘‘Energy Star’’ 2 means the Energy Star program of the United 3 States Department of Energy and the United States 4 Environmental Protection Agency. (3) GREEN GLOBES.—The term ‘‘Green 6 Globes’’ means the Green Building Initiative envi7 ronmental design and rating system referred to as 8 Green Globes. 9 (4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the 11 meaning given such term in section 101 of the High12 er Education Act of 1965. 13 (5) LEED GREEN BUILDING RATING SYS14 TEM.—The term ‘‘LEED Green Building Rating System’’ means the United States Green Building 16 Council Leadership in Energy and Environmental 17 Design green building rating standard referred to as 18 the LEED Green Building Rating System. 19 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 21 (7) STATE.—The term ‘‘State’’ has the mean 22 ing given such term in section 103 of the Higher 23 Education Act of 1965 (20 U.S.C. 1003). 24 (8) STATE HIGHER EDUCATION AGENCY.—The term ‘‘State higher education agency’’ has the mean- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 199 1 ing given such term in section 103 of the Higher 2 Education Act of 1965 (20 U.S.C. 1003). 3 SEC. 9303. MANDATORY PELL GRANTS. 4 Section 401(b)(9)(A) of the Higher Education Act of 5 1965 (20 U.S.C. 1070a(b)(9)(A)) is amended— 6 (1) in clause (ii), by striking ‘‘$2,090,000,000’’ 7 and inserting ‘‘$2,733,000,000’’; and 8 (2) in clause (iii), by striking ‘‘$3,030,000,000’’ 9 and inserting ‘‘$3,861,000,000’’. 10 SEC. 9304. INCREASE STUDENT LOAN LIMITS. 11 (a) AMENDMENTS.—Section 428H(d) of the Higher 12 Education Act of 1965 (20 U.S.C. 1078-8(d)) is amend13 ed— 14 (1) in paragraph (3)— 15 (A) in subparagraph (A), by striking 16 ‘‘$2,000’’ and inserting ‘‘$4,000’’; and 17 (B) in subparagraph (B), by striking 18 ‘‘$31,000’’ and inserting ‘‘$39,000’’; and 19 (2) in paragraph (4)— 20 (A) in subparagraph (A)— 21 (i) in clause (i)(I) and clause (iii)(I), 22 by striking ‘‘$6,000’’ each place it appears 23 and inserting ‘‘$8,000’’; and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 200 1 (ii) in clause (ii)(I) and clause 2 (iii)(II), by striking ‘‘$7,000’’ each place it 3 appears and inserting ‘‘$9,000’’; and 4 (B) in subparagraph (B), by striking ‘‘$57,500’’ and inserting ‘‘$65,500’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 this section shall be effective for loans first disbursed on 8 or after January 1, 2009. 9 SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE. (a) TEMPORARY CALCULATION RULE.—Section 11 438(b)(2)(I) of the Higher Education Act of 1965 (20 12 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end 13 the following new clause: 14 ‘‘(vii) TEMPORARY CALCULATION RULE DURING UNSTABLE COMMERCIAL 16 PAPER MARKETS.— 17 ‘‘(I) CALCULATION BASED ON 18 LIBOR.—For the calendar quarter be19 ginning on October 1, 2008, and ending on December 31, 2008, in com 21 puting the special allowance paid pur 22 suant to this subsection with respect 23 to loans for which the first disburse 24 ment is made on or after January 1, 2000, clause (i)(I) of this subpara l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 201 1 graph shall be applied by substituting 2 ‘the rate that is the average rate of 3 the 3-month London Inter Bank Of4 fered Rate (LIBOR) for United States dollars in effect for each of the 6 days in such quarter as compiled and 7 released by the British Bankers Asso8 ciation, minus 0.13 percent,’ for ‘the 9 average of the bond equivalent rates of the quotes of the 3-month commer11 cial paper (financial) rates in effect 12 for each of the days in such quarter 13 as reported by the Federal Reserve in 14 Publication H-15 (or its successor) for such 3-month period’. 16 ‘‘(II) PARTICIPATION INTER17 ESTS.—Notwithstanding subclause (I) 18 of this clause, the special allowance 19 paid on any loan held by a lender that has sold participation interests in 21 such loan to the Secretary shall be the 22 rate computed under this subpara 23 graph without regard to subclause (I) 24 of this clause, unless the lender agrees that the participant’s yield with re- l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 202 1 spect to such participation interest is 2 to be calculated in accordance with 3 subclause (I) of this clause.’’. 4 (b) CONFORMING AMENDMENTS.—Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 6 U.S.C. 1087-1(b)(2)(I)) is further amended— 7 (1) in clause (i)(II), by striking ‘‘such average 8 bond equivalent rate’’ and inserting ‘‘the rate deter9 mined under subclause (I)’’; and (2) in clause (v)(III), by striking ‘‘(iv), and 11 (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 12 Subtitle D—Related Agencies 13 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 14 OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses’’ 16 to carry out the Domestic Volunteer Service Act of 1973 17 and the National and Community Service Act of 1990 18 (‘‘1990 Act’’), $160,000,000, which shall be used to ex19 pand existing AmeriCorps grants: Provided, That funds made available under this heading may be used to provide 21 adjustments to awards made prior to September 30, 2010 22 in order to waive the match requirement authorized in sec23 tion 121(e)(4) of part I of subtitle C of the 1990 Act, 24 if the Chief Executive Officer of the Corporation for National and Community Service (‘‘CEO’’) determines that l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 203 1 the grantee has reduced capacity to meet this requirement: 2 Provided further, That in addition to requirements identi3 fied herein, funds provided under this heading shall be 4 subject to the terms and conditions under which funds are 5 appropriated in fiscal year 2009: Provided further, That 6 the CEO shall provide the Committees on Appropriations 7 of the House of Representatives and the Senate a fiscal 8 year 2009 operating plan for the funds appropriated under 9 this heading prior to making any Federal obligations of 10 such funds in fiscal year 2009, but not later than 90 days 11 after the date of enactment of this Act, and a fiscal year 12 2010 operating plan for such funds prior to making any 13 Federal obligations of such funds in fiscal year 2010, but 14 not later than November 1, 2009, that detail the allocation 15 of resources and the increased number of volunteers sup16 ported by the AmeriCorps programs: Provided further, 17 That the CEO shall provide to the Committees on Appro18 priations of the House of Representatives and the Senate 19 a report on the actual obligations, expenditures, and unob20 ligated balances for each activity funded under this head21 ing not later than November 1, 2009, and every 6 months 22 thereafter as long as funding provided under this heading 23 is available for obligation or expenditure. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 204 1 NATIONAL SERVICE TRUST 2 (INCLUDING TRANSFER OF FUNDS) 3 For an additional amount for ‘‘National Service 4 Trust’’ established under subtitle D of title I of the National and Community Service Act of 1990 (‘‘1990 Act’’), 6 $40,000,000, which shall remain available until expended: 7 Provided, That the Corporation for National and Commu8 nity Service may transfer additional funds from the 9 amount provided within ‘‘Operating Expenses’’ for grants made under subtitle C of the 1990 Act to this appropria11 tion upon determination that such transfer is necessary 12 to support the activities of national service participants 13 and after notice is transmitted to the Committees on Ap14 propriations of the House of Representatives and the Senate: Provided further, That the amount appropriated for 16 or transferred to the National Service Trust may be in17 vested under section 145(b) of the 1990 Act without re18 gard to the requirement to apportion funds under 31 19 U.S.C. 1513(b). SOCIAL SECURITY ADMINISTRATION 21 LIMITATION ON ADMINISTRATIVE EXPENSES 22 (INCLUDING TRANSFER OF FUNDS) 23 For an additional amount for ‘‘Limitation on Admin24 istrative Expenses’’, $900,000,000, which shall be used as follows: l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 205 1 (1) $400,000,000 for the construction and asso 2 ciated costs to establish a new National Computer 3 Center, which may include lease or purchase of real 4 property: Provided, That the construction plan and 5 site selection for such center shall be subject to re6 view and approval by the Office of Management and 7 Budget: Provided further, That the Committees on 8 Appropriations of the House of Representatives and 9 the Senate shall be notified 15 days in advance of 10 the lease or purchase of such site: Provided further, 11 That such center shall continue to be a government12 operated facility; and 13 (2) $500,000,000 for processing disability and 14 retirement workloads: Provided, That up to 15 $40,000,000 may be used by the Commissioner of 16 Social Security for health information technology re17 search and activities to facilitate the adoption of 18 electronic medical records in disability claims, in19 cluding the transfer of funds to ‘‘Supplemental Se20 curity Income Program’’ to carry out activities 21 under section 1110 of the Social Security Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 206 1 TITLE X—MILITARY CONSTRUC 2 TION AND VETERANS AF 3 FAIRS 4 DEPARTMENT OF DEFENSE MILITARY CONSTRUCTION, ARMY 6 For an additional amount for ‘‘Military Construction, 7 Army’’, $920,000,000: Provided, That notwithstanding 8 any other provision of law, such funds may be obligated 9 and expended to carry out planning and design and military construction projects in the United States not other11 wise authorized by law: Provided further, That of the 12 amount provided under this heading, $600,000,000 shall 13 be for training and recruit troop housing, $220,000,000 14 shall be for permanent party troop housing, and $100,000,000 shall be for child development centers: Pro16 vided further, That not later than 30 days after the date 17 of enactment of this Act, the Secretary of Defense shall 18 submit to the Committees on Appropriations of the House 19 of Representatives and the Senate an expenditure plan for funds provided under this heading. 21 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 22 For an additional amount for ‘‘Military Construction, 23 Navy and Marine Corps’’, $350,000,000: Provided, That 24 notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 207 1 design and military construction projects in the United 2 States not otherwise authorized by law: Provided further, 3 That of the amount provided under this heading, 4 $170,000,000 shall be for sailor and marine housing and $180,000,000 shall be for child development centers: Pro6 vided further, That not later than 30 days after the date 7 of enactment of this Act, the Secretary of Defense shall 8 submit to the Committees on Appropriations of the House 9 of Representatives and the Senate an expenditure plan for funds provided under this heading. 11 MILITARY CONSTRUCTION, AIR FORCE 12 For an additional amount for ‘‘Military Construction, 13 Air Force’’, $280,000,000: Provided, That notwith14 standing any other provision of law, such funds may be obligated and expended to carry out planning and design 16 and military construction projects in the United States not 17 otherwise authorized by law: Provided further, That of the 18 amount provided under this heading, $200,000,000 shall 19 be for airmen housing and $80,000,000 shall be for child development centers: Provided further, That not later than 21 30 days after the date of enactment of this Act, the Sec22 retary of Defense shall submit to the Committees on Ap23 propriations of the House of Representatives and the Sen24 ate an expenditure plan for funds provided under this heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 208 1 MILITARY CONSTRUCTION, DEFENSE-WIDE 2 For an additional amount for ‘‘Military Construction, 3 Defense-Wide’’, $3,750,000,000, for the construction of 4 hospitals and ambulatory surgery centers: Provided, That notwithstanding any other provision of law, such funds 6 may be obligated and expended to carry out planning and 7 design and military construction projects in the United 8 States not otherwise authorized by law: Provided further, 9 That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the 11 Committees on Appropriations of the House of Represent12 atives and the Senate an expenditure plan for funds pro13 vided under this heading. 14 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD For an additional amount for ‘‘Military Construction, 16 Army National Guard’’, $140,000,000: Provided, That 17 notwithstanding any other provision of law, such funds 18 may be obligated and expended to carry out planning and 19 design and military construction projects in the United States not otherwise authorized by law: Provided further, 21 That not later than 30 days after the date of enactment 22 of this Act, the Secretary of Defense shall submit to the 23 Committees on Appropriations of the House of Represent24 atives and the Senate an expenditure plan for funds provided under this heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 209 1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD 2 For an additional amount for ‘‘Military Construction, 3 Air National Guard’’, $70,000,000: Provided, That not4 withstanding any other provision of law, such funds may 5 be obligated and expended to carry out planning and de6 sign and military construction projects in the United 7 States not otherwise authorized by law: Provided further, 8 That not later than 30 days after the date of enactment 9 of this Act, the Secretary of Defense shall submit to the 10 Committees on Appropriations of the House of Represent11 atives and the Senate an expenditure plan for funds pro12 vided under this heading. 13 MILITARY CONSTRUCTION, ARMY RESERVE 14 For an additional amount for ‘‘Military Construction, 15 Army Reserve’’, $100,000,000: Provided, That notwith16 standing any other provision of law, such funds may be 17 obligated and expended to carry out planning and design 18 and military construction projects in the United States not 19 otherwise authorized by law: Provided further, That not 20 later than 30 days after the date of enactment of this Act, 21 the Secretary of Defense shall submit to the Committees 22 on Appropriations of the House of Representatives and the 23 Senate an expenditure plan for funds provided under this 24 heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 210 1 MILITARY CONSTRUCTION, NAVY RESERVE 2 For an additional amount for ‘‘Military Construction, 3 Navy Reserve’’, $30,000,000: Provided, That notwith4 standing any other provision of law, such funds may be 5 obligated and expended to carry out planning and design 6 and military construction projects in the United States not 7 otherwise authorized by law: Provided further, That not 8 later than 30 days after the date of enactment of this Act, 9 the Secretary of Defense shall submit to the Committees 10 on Appropriations of the House of Representatives and the 11 Senate an expenditure plan for funds provided under this 12 heading. 13 MILITARY CONSTRUCTION, AIR FORCE RESERVE 14 For an additional amount for ‘‘Military Construction, 15 Air Force Reserve’’, $60,000,000: Provided, That notwith16 standing any other provision of law, such funds may be 17 obligated and expended to carry out planning and design 18 and military construction projects in the United States not 19 otherwise authorized by law: Provided further, That not 20 later than 30 days after the date of enactment of this Act, 21 the Secretary of Defense shall submit to the Committees 22 on Appropriations of the House of Representatives and the 23 Senate an expenditure plan for funds provided under this 24 heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 211 1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2 1990 3 For an additional amount to be deposited into the 4 Department of Defense Base Closure Account 1990, established by section 2906(a)(1) of the Defense Base Clo6 sure and Realignment Act of 1990 (10 U.S.C. 2687 note), 7 $300,000,000: Provided, That not later than 30 days after 8 the date of enactment of this Act, the Secretary of Defense 9 shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure 11 plan for funds provided under this heading. 12 DEPARTMENT OF VETERANS AFFAIRS 13 VETERANS HEALTH ADMINISTRATION 14 MEDICAL FACILITIES For an additional amount for ‘‘Medical Facilities’’ for 16 non-recurring maintenance, including energy projects, 17 $950,000,000: Provided, That not later than 30 days after 18 the date of enactment of this Act, the Secretary of Vet19 erans Affairs shall submit to the Committees on Appropriations of the House of Representatives and the Senate 21 an expenditure plan for funds provided under this head22 ing. 23 NATIONAL CEMETERY ADMINISTRATION 24 For an additional amount for ‘‘National Cemetery Administration’’ for monument and memorial repairs, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 212 1 $50,000,000: Provided, That not later than 30 days after 2 the date of enactment of this Act, the Secretary of Vet3 erans Affairs shall submit to the Committees on Appro4 priations of the House of Representatives and the Senate 5 an expenditure plan for funds provided under this head6 ing. 7 TITLE XI—DEPARTMENT OF 8 STATE 9 DEPARTMENT OF STATE 10 ADMINISTRATION OF FOREIGN AFFAIRS 11 CAPITAL INVESTMENT FUND 12 For an additional amount for ‘‘Capital Investment 13 Fund’’, $276,000,000, of which up to $120,000,000 shall 14 be available for the design and construction of a backup 15 information management facility in the United States to 16 support mission-critical operations and projects, and up 17 to $98,527,000 shall be available to carry out the Depart18 ment of State’s responsibilities under the Comprehensive 19 National Cybersecurity Initiative: Provided, That the Sec20 retary of State shall submit to the Committees on Appro21 priations of the House of Representatives and the Senate 22 within 90 days of enactment of this Act a detailed spend23 ing plan for funds appropriated under this heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 213 1 INTERNATIONAL COMMISSIONS 2 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 3 UNITED STATES AND MEXICO 4 CONSTRUCTION 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘Construction’’ for the 7 water quantity program to meet immediate repair and re8 habilitation requirements, $224,000,000: Provided, That 9 up to $2,000,000 may be transferred to, and merged with, 10 funds available under the heading ‘‘International Bound11 ary and Water Commission, United States and Mexico— 12 Salaries and Expenses’’, and such amount shall be in lieu 13 of amounts available under section 1106 of this Act: Pro14 vided, That the Secretary of State shall submit to the 15 Committees on Appropriations of the House of Represent16 atives and the Senate within 90 days of enactment of this 17 Act a detailed spending plan for funds appropriated under 18 this heading. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 214 1 TITLE XII—TRANSPORTATION, 2 AND HOUSING AND URBAN 3 DEVELOPMENT 4 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 6 GRANTS-IN-AID FOR AIRPORTS 7 For an additional amount for ‘‘Grants-in-Aid for Air8 ports’’, to enable the Secretary of Transportation to make 9 grants for discretionary projects as authorized by sub- chapter I of chapter 471 and subchapter I of chapter 475 11 of title 49, United States Code, $3,000,000,000: Provided, 12 That such funds shall not be subject to apportionment for13 mulas, special apportionment categories, or minimum per14 centages under chapter 471: Provided further, That the conditions, certifications, and assurances required for 16 grants under subchapter I of chapter 471 of such title 17 apply: Provided further, That for purposes of applying sec18 tion 1104 of this Act to this appropriation, the deadline 19 for grantees to enter into contracts or other binding commitments to make use of not less than 50 percent of the 21 funds awarded shall be 120 days after award of the grant. 22 FEDERAL HIGHWAY ADMINISTRATION 23 HIGHWAY INFRASTRUCTURE INVESTMENT 24 For projects and activities eligible under section 133 of title 23, United States Code, section 144 of such title l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 215 1 (without regard to subsection (g)), and sections 103, 119, 2 134, 148, and 149 of such title, $30,000,000,000, of 3 which $300,000,000 shall be for Indian reservation roads 4 under section 204 of such title; $250,000,000 shall be for park roads and parkways under section 204 of such title; 6 $20,000,000 shall be for highway surface transportation 7 and technology training under section 140(b) of such title; 8 and $20,000,000 shall be for disadvantaged business en9 terprises bonding assistance under section 332(e) of title 49, United States Code: Provided, That the amount set 11 aside from this appropriation pursuant to section 1106 of 12 this Act shall not be more than 0.2 percent of the funds 13 made available under this heading instead of the percent14 age specified in such section: Provided further, That, after making the set-asides authorized by the previous provisos, 16 the funds made available under this heading shall be dis17 tributed among the States, and Puerto Rico, American 18 Samoa, Guam, the Virgin Islands, and the Commonwealth 19 of the Northern Mariana Islands, in the same ratio as the obligation limitation for fiscal year 2008 was distributed 21 among the States in accordance with the formula specified 22 in section 120(a)(6) of division K of Public Law 110–161, 23 but, in the case of the Puerto Rico Highway Program and 24 the Territorial Highway Program, under section 120(a)(5) of such division: Provided further, That 45 percent of the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 216 1 funds distributed to a State under this heading shall be 2 suballocated within the State in the manner and for the 3 purposes described in section 133(d) of title 23, United 4 States Code, (without regard to the comparison to fiscal year 2005 in paragraph (2)): Provided further, That in 6 selecting projects to be funded, recipients shall give pri7 ority to projects that can award contracts within 120 days 8 of enactment of this Act, are included in an approved 9 Statewide Transportation Improvement Program (STIP) and/or Metropolitan Transportation Improvement Pro11 gram (TIP), are projected for completion within a three12 year time frame, and are located in economically dis13 tressed areas as defined by section 301 of the Public 14 Works and Economic Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, That funds 16 made available under this heading shall be administered 17 as if apportioned under chapter 1 of title 23, United 18 States Code, except for funds made available for Indian 19 reservation roads and park roads and parkways which shall be administered in accordance with chapter 2 of title 21 23, United States Code: Provided further, That the Fed22 eral share payable on account of any project or activity 23 carried out with funds made available under this heading 24 shall, at the option of the recipient, be up to 100 percent of the total cost thereof: Provided further, That funds l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 217 1 made available by this Act shall not be obligated for the 2 purposes authorized under section 115(b) of title 23, 3 United States Code: Provided further, That the provisions 4 of section 1101(b) of Public Law 109–59 shall apply to funds made available under this heading: Provided further, 6 That, in lieu of the redistribution required by section 7 1104(b) of this Act, if less than 50 percent of the funds 8 made available to each State and territory under this 9 heading are obligated based on awarded contracts within 120 days after the date of distribution of those funds to 11 the States and territories, then the portion of the 50 per12 cent of the total funding distributed to the State or terri13 tory that has not been obligated based on awarded con14 tracts shall be redistributed, in the manner described in section 120(c) of division K of Public Law 110–161, to 16 those States and territories that have obligated, based on 17 awarded contracts, at least 50 percent of the funds made 18 available under this heading and are able to obligate 19 amounts in addition to those previously distributed, except that, for those funds suballocated within the State, if less 21 than 50 percent of the funds so suballocated within the 22 State are obligated, based on awarded contracts, within 23 90 days of suballocation, then the portion of the 50 per24 cent of funding so suballocated that has not been obligated, based on awarded contracts, will be returned to the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 218 1 State for use anywhere in the State prior to being redis2 tributed in accordance with the first part of this proviso: 3 Provided further, That, in lieu of the redistribution re4 quired by section 1104(b) of this Act, any funds made available under this heading that are not obligated, based 6 on awarded contracts, by August 1, 2010, shall be redis7 tributed, in the manner described in section 120(c) of divi8 sion K of Public Law 110–161, to those States able to 9 obligate amounts in addition to those previously distributed, except that funds suballocated within the State that 11 are not obligated, based on awarded contracts, by July 1, 12 2010, will be returned to the State for use anywhere in 13 the State prior to being redistributed in accordance with 14 the first part of this proviso: Provided further, That notwithstanding section 1103 of this Act, funds made avail16 able under this heading shall be apportioned not later than 17 7 days after the date of enactment of this Act. 18 FEDERAL RAILROAD ADMINISTRATION 19 CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL SERVICE 21 For an additional amount for ‘‘Capital Assistance for 22 Intercity Passenger Rail Service’’ to enable the Secretary 23 of Transportation to make grants for capital costs as au24 thorized by chapter 244 of title 49 United States Code, $300,000,000: Provided, That notwithstanding section l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 219 1 1103 of this Act, the Secretary shall give preference to 2 projects for the repair, rehabilitation, upgrade, or pur3 chase of railroad assets or infrastructure that can be 4 awarded within 180 days of enactment of this Act: Provided further, That in awarding grants for the acquisition 6 of a piece of rolling stock or locomotive, the Secretary shall 7 give preference to FRA-compliant rolling stock and loco8 motives: Provided further, That the Secretary shall give 9 preference to projects that support the development of intercity high speed rail service: Provided further, That the 11 Federal share shall be, at the option of the recipient, up 12 to 100 percent. 13 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 14 RAILROAD PASSENGER CORPORATION For an additional amount for ‘‘Capital and Debt 16 Service Grants to the National Railroad Passenger Cor17 poration’’ (Amtrak) to enable the Secretary of Transpor18 tation to make capital grants to Amtrak as authorized by 19 section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), 21 $800,000,000: Provided, That priority shall be given to 22 projects for the repair, rehabilitation, or upgrade of rail23 road assets or infrastructure: Provided further, That none 24 of the funds under this heading shall be used to subsidize the operating losses of Amtrak: Provided further, Notwith l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 220 1 standing section 1103 of this Act, funds made available 2 under this heading shall be awarded not later than 7 days 3 after the date of enactment of this Act. 4 FEDERAL TRANSIT ADMINISTRATION TRANSIT CAPITAL ASSISTANCE 6 For transit capital assistance grants, 7 $6,000,000,000, of which $5,400,000,000 shall be for 8 grants under section 5307 of title 49, United States Code 9 and shall be apportioned in accordance with section 5336 of such title (other than subsections (i)(1) and (j)) but 11 may not be combined or commingled with any other funds 12 apportioned under such section 5336, and of which 13 $600,000,000 shall be for grants under section 5311 of 14 such title and shall be apportioned in accordance with such section 5311 but may not be combined or commingled with 16 any other funds apportioned under that section: Provided, 17 That of the funds provided for section 5311 under this 18 heading, 3 percent shall be made available for section 19 5311(c)(1): Provided further, That applicable chapter 53 requirements shall apply except that the Federal share of 21 the costs for which a grant is made under this heading 22 shall be, at the option of the recipient, up to 100 percent: 23 Provided further, In lieu of the requirements of section 24 1103 of this Act, funds made available under this heading shall be apportioned not later than 7 days after the date l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 221 1 of enactment of this Act: Provided further, That for pur2 poses of applying section 1104 of this Act to this appro3 priation, the deadline for grantees to enter into contracts 4 or other binding commitments to make use of not less than 50 percent of the funds awarded shall be 120 days 6 after apportionment: Provided further, That the provisions 7 of section 1101(b) of Public Law 109–59 shall apply to 8 funds made available under this heading: Provided further, 9 That notwithstanding any other provision of law, of the funds apportioned in accordance with section 5336, up to 11 three-quarters of 1 percent shall be available for adminis12 trative expenses and program management oversight and 13 of the funds apportioned in accordance with section 5311, 14 up to one-half of 1 percent shall be available for administrative expenses and program management oversight and 16 both amounts shall remain available for obligation until 17 September 30, 2012: Provided further, That the preceding 18 proviso shall apply in lieu of the provisions in section 1106 19 of this Act. FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT 21 For an amount for capital expenditures authorized 22 under section 5309(b)(2) of title 49, United States Code, 23 $2,000,000,000: Provided, That the Secretary of Trans24 portation shall apportion funds under this heading pursuant to the formula set forth in section 5337 of title 49, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 222 1 United States Code: Provided further, That the funds ap2 propriated under this heading shall not be commingled 3 with funds available under the Formula and Bus Grants 4 account: Provided further, In lieu of the requirements of section 1103 of this Act, funds made available under this 6 heading shall be apportioned not later than 7 days after 7 the date of enactment of this Act: Provided further, That 8 for purposes of applying section 1104 of this Act to this 9 appropriation, the deadline for grantees to enter into contracts or other binding commitments to make use of not 11 less than 50 percent of the funds awarded shall be 120 12 days after apportionment: Provided further, That applica13 ble chapter 53 requirements shall apply except that the 14 Federal share of the costs for which a grant is made under this heading shall be, at the option of the recipient, up 16 to 100 percent: Provided further, That the provisions of 17 section 1101(b) of Public Law 109–59 shall apply to funds 18 made available under this heading: Provided further, That 19 notwithstanding any other provision of law, up to 1 percent of the funds under this heading shall be available for 21 administrative expenses and program management over22 sight and shall remain available for obligation until Sep23 tember 30, 2012: Provided further, That the preceding 24 proviso shall apply in lieu of the provisions in section 1106 of this Act. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 223 1 CAPITAL INVESTMENT GRANTS 2 For an additional amount for ‘‘Capital Investment 3 Grants’’, as authorized under section 5338(c)(4) of title 4 49, United States Code, and allocated under section 5309(m)(2)(A) of such title, to enable the Secretary of 6 Transportation to make discretionary grants as authorized 7 by section 5309(d) and (e) of such title, $1,000,000,000: 8 Provided, That such amount shall be allocated without re9 gard to the limitation under section 5309(m)(2)(A)(i): Provided further, That in selecting projects to be funded, 11 priority shall be given to projects that are currently in con12 struction or are able to award contracts based on bids 13 within 120 days of enactment of this Act: Provided further, 14 That for purposes of applying section 1104 of this Act to this appropriation, the deadline for grantees to enter 16 into contracts or other binding commitments to make use 17 of not less than 50 percent of the funds awarded shall 18 be 120 days after award: Provided further, That the provi19 sions of section 1101(b) of Public Law 109–59 shall apply to funds made available under this heading: Provided fur21 ther, That applicable chapter 53 requirements shall apply, 22 except that notwithstanding any other provision of law, 23 up to 1 percent of the funds under this heading shall be 24 available for administrative expenses and program management oversight and shall remain available for obliga l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 224 1 tion until September 30, 2012: Provided further, That the 2 preceding proviso shall apply in lieu of the provisions in 3 section 1106 of this Act. 4 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 6 PUBLIC AND INDIAN HOUSING 7 PUBLIC HOUSING CAPITAL FUND 8 For an additional amount for ‘‘Public Housing Cap9 ital Fund’’ to carry out capital and management activities for public housing agencies, as authorized under section 11 9 of the United States Housing Act of 1937 (42 U.S.C. 12 1437g) (‘‘the Act’’), $5,000,000,000: Provided, That the 13 Secretary of Housing and Urban Development shall dis14 tribute at least $4,000,000,000 of this amount by the same formula used for amounts made available in fiscal 16 year 2008: Provided further, That public housing authori17 ties shall give priority to capital projects that can award 18 contracts based on bids within 120 days from the date 19 the funds are made available to the public housing authorities: Provided further, That public housing agencies 21 shall give priority consideration to the rehabilitation of va22 cant rental units: Provided further, That notwithstanding 23 any other provision of the Act or regulations, (1) funding 24 provided herein may not be used for Operating Fund activities pursuant to section 9(g) of the Act, and (2) any l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 225 1 restriction of funding to replacement housing uses shall 2 be inapplicable: Provided further, That public housing 3 agencies shall prioritize capital projects underway or al4 ready in their 5-year plans: Provided further, That of the amount provided under this heading, the Secretary may 6 obligate up to $1,000,000,000, for competitive grants to 7 public housing authorities for activities including: (1) in8 vestments that leverage private sector funding or financ9 ing for housing renovations and energy conservation retrofit investments; (2) rehabilitation of units using sustain11 able materials and methods that improve energy efficiency, 12 reduce energy costs, or preserve and improve units with 13 good access to public transportation or employment cen14 ters; (3) increase the availability of affordable rental housing by expediting rehabilitation projects to bring vacant 16 units into use or by filling the capital investment gap for 17 redevelopment or replacement housing projects which have 18 been approved or are otherwise ready to proceed but are 19 stalled due to the inability to obtain anticipated private capital; or (4) address the needs of seniors and persons 21 with disabilities through improvements to housing and re22 lated facilities which attract or promote the coordinated 23 delivery of supportive services: Provided further, That the 24 Secretary may waive statutory or regulatory provisions related to the obligation and expenditure of capital funds l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 226 1 if necessary to facilitate the timely expenditure of funds 2 (except for requirements related to fair housing, non3 discrimination, labor standards, and the environment). 4 ELDERLY, DISABLED, AND SECTION 8 ASSISTED HOUSING ENERGY RETROFIT 6 For grants or loans to owners of properties receiving 7 project-based assistance pursuant to section 202 of the 8 Housing Act of 1959 (12 U.S.C. 17012), section 811 of 9 the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or section 8 of the United States Hous11 ing Act of 1937 (42 U.S.C. 1437f), to accomplish energy 12 retrofit investments, $2,500,000,000: Provided, That such 13 loans or grants shall be provided through the Office of 14 Affordable Housing Preservation of the Department of Housing and Urban Development, on such terms and con16 ditions as the Secretary of Housing and Urban Develop17 ment deems appropriate: Provided further, That eligible 18 owners must have at least a satisfactory management re19 view rating, be in substantial compliance with applicable performance standards and legal requirements, and com21 mit to an additional period of affordability determined by 22 the Secretary: Provided further, That the Secretary shall 23 undertake appropriate underwriting and oversight with re24 spect to such transactions: Provided further, That the Secretary may set aside funds made available under this l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 227 1 heading for an efficiency incentive payable upon satisfac2 tory completion of energy retrofit investments, and may 3 provide additional incentives if such investments resulted 4 in extraordinary job creation for low-income and very low- income persons: Provided further, that of the funds pro6 vided under this heading, 1 percent shall be available only 7 for staffing, training, technical assistance, technology, 8 monitoring, research and evaluation activities. 9 NATIVE AMERICAN HOUSING BLOCK GRANTS For an additional amount for ‘‘Native American 11 Housing Block Grants’’, as authorized under title I of the 12 Native American Housing Assistance and Self-Determina13 tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et 14 seq.), $500,000,000: Provided, That $250,000,000 of the amount appropriated under this heading shall be distrib16 uted according to the same funding formula used in fiscal 17 year 2008: Provided further, That in selecting projects to 18 be funded, recipients shall give priority to projects that 19 can award contracts based on bids within 120 days from the date that funds are available to the recipients: Pro21 vided further, That in allocating the funds appropriated 22 under this heading, the Secretary of Housing and Urban 23 Development shall not require an additional action plan 24 from grantees: Provided further, That the Secretary may obligate $250,000,000 of the amount appropriated under l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 228 1 this heading for competitive grants to eligible entities that 2 apply for funds as authorized under NAHASDA: Provided 3 further, That in awarding competitive funds, the Secretary 4 shall give priority to projects that will spur construction and rehabilitation and will create employment opportuni6 ties for low-income and unemployed persons. 7 COMMUNITY PLANNING AND DEVELOPMENT 8 COMMUNITY DEVELOPMENT FUND 9 For an additional amount for ‘‘Community Development Fund’’ $1,000,000,000, to carry out the community 11 development block grant program under title I of the 12 Housing and Community Development Act of 1974 (42 13 U.S.C. 5301 et seq.): Provided, That the amount appro14 priated in this paragraph shall be distributed according to the same funding formula used in fiscal year 2008: Pro16 vided further, That in allocating the funds appropriated 17 in this paragraph, the Secretary of Housing and Urban 18 Development shall not require an additional action plan 19 from grantees: Provided further, That in selecting projects to be funded, recipients shall give priority to projects that 21 can award contracts based on bids within 120 days from 22 the date the funds are made available to the recipients; 23 Provided further, That in administering funds provided in 24 this paragraph, the Secretary may waive any provision of any statute or regulation that the Secretary administers l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 229 1 in connection with the obligation by the Secretary or the 2 use by the recipient of these funds (except for require3 ments related to fair housing, nondiscrimination, labor 4 standards, and the environment), upon a finding that such waiver is required to facilitate the timely use of such funds 6 and would not be inconsistent with the overall purpose of 7 the statute. 8 For a further additional amount for ‘‘Community De9 velopment Fund’’, $4,190,000,000, to be used for neighborhood stabilization activities related to emergency as11 sistance for the redevelopment of abandoned and fore12 closed homes as authorized under division B, title III of 13 the Housing and Economic Recovery Act of 2008 (Public 14 Law 110–289), of which— (1) not less than $3,440,000,000 shall be allo16 cated by a competition for which eligible entities 17 shall be States, units of general local government, 18 and nonprofit entities or consortia of nonprofit enti19 ties: Provided, That the award criteria for such competition shall include grantee capacity, leveraging 21 potential, targeted impact of foreclosure prevention, 22 and any additional factors determined by the Sec 23 retary of Housing and Urban Development: Provided 24 further, that the Secretary may establish a minimum grant size: Provided further, That amounts made l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 230 1 available under this Section may be used to (A) es 2 tablish financing mechanisms for purchase and rede 3 velopment of foreclosed-upon homes and residential 4 properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for 6 low- and moderate-income homebuyers; (B) purchase 7 and rehabilitate homes and residential properties 8 that have been abandoned or foreclosed upon, in 9 order to sell or rent such homes and properties; (C) establish and operate land banks for homes that 11 have been foreclosed upon; (D) demolish foreclosed 12 properties that have become blighted structures; and 13 (E) redevelop demolished or vacant foreclosed prop14 erties in order to sell or rent such properties; and (2) up to $750,000,000 shall be awarded by 16 competition to nonprofit entities or consortia of non17 profit entities to provide community stabilization as18 sistance by (A) accelerating state and local govern19 ment and nonprofit productivity; (B) increasing the scale and efficiency of property transfers of fore 21 closed and vacant residential properties from finan 22 cial institutions and government entities to qualified 23 local housing providers in order to return the prop 24 erties to productive affordable housing use; (C) building industry and property management capac l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 231 1 ity; and (D) partnering with private sector real es 2 tate developers and contractors and leveraging pri 3 vate sector capital: Provided further, That such com 4 munity stabilization assistance shall be provided primarily in States and areas with high rates of de6 faults and foreclosures to support the acquisition, re7 habilitation and property management of single-fam8 ily and multi-family homes and to work in partner9 ship with the private sector real estate industry and to leverage available private and public funds for 11 those purposes: Provided further, That for purposes 12 of this paragraph qualified local housing providers 13 shall be nonprofit organizations with demonstrated 14 capabilities in real estate development or acquisition and rehabilitation or property management of single- 16 or multi-family homes, or local or state governments 17 or instrumentalities of such governments: Provided 18 further, That qualified local housing providers shall 19 be expected to utilize and leverage additional local nonprofit, governmental, for-profit and private re21 sources: 22 Provided further, That in the case of any foreclosure on 23 any dwelling or residential real property acquired with any 24 amounts made available under this heading, any successor in interest in such property pursuant to the foreclosure l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 232 1 shall assume such interest subject to—(1) the provision 2 by such successor in interest of a notice to vacate to any 3 bona fide tenant at least 90 days before the effective date 4 of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure (A) under any 6 bona fide lease entered into before the notice of foreclosure 7 to occupy the premises until the end of the remaining term 8 of the lease, except that a successor in interest may termi9 nate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary resi11 dence, subject to the receipt by the tenant of the 90-day 12 notice under this paragraph; or (B) without a lease or with 13 a lease terminable at will under State law, subject to the 14 receipt by the tenant of the 90-day notice under this paragraph, except that nothing in this paragraph shall affect 16 the requirements for termination of any Federal- or State17 subsidized tenancy or of any State or local law that pro18 vides longer time periods or other additional protections 19 for tenants: Provided further, That, for purposes of this paragraph, a lease or tenancy shall be considered bona fide 21 only if (1) the mortgagor under the contract is not the 22 tenant; (2) the lease or tenancy was the result of an arms23 length transaction; and (3) the lease or tenancy requires 24 the receipt of rent that is not substantially less than fair market rent for the property: Provided further, That the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 233 1 recipient of any grant or loan from amounts made avail2 able under this heading may not refuse to lease a dwelling 3 unit in housing assisted with such loan or grant to a hold4 er of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 (42 U.S.C. 6 1437f) because of the status of the prospective tenant as 7 such a holder: Provided further, That in the case of any 8 qualified foreclosed housing for which funds made avail9 able under this heading are used and in which a recipient of assistance under section 8(o) of the U.S. Housing Act 11 of 1937 resides at the time of acquisition or financing, 12 the owner and any successor in interest shall be subject 13 to the lease and to the housing assistance payments con14 tract for the occupied unit: Provided further, That vacating the property prior to sale shall not constitute 16 good cause for termination of the tenancy unless the prop17 erty is unmarketable while occupied or unless the owner 18 or subsequent purchaser desires the unit for personal or 19 family use: Provided further, That this paragraph shall not preempt any State or local law that provides more protec21 tion for tenants: Provided further, That amounts made 22 available under this heading may be used for the costs 23 of demolishing foreclosed housing that is deteriorated or 24 unsafe: Provided further, That the amount for demolition of such housing may not exceed 10 percent of amounts l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 234 1 allocated under this paragraph to States and units of gen2 eral local government: Provided further, That no amounts 3 from a grant made under this paragraph may be used to 4 demolish any public housing (as such term is defined in section 3 of the United States Housing Act of 1937 (42 6 U.S.C. 1437a)): Provided further, That section 2301(d)(4) 7 of the Housing and Economic Recovery Act of 2008 (Pub8 lic Law 110–289) is repealed. 9 HOME INVESTMENT PARTNERSHIPS PROGRAM For an additional amount for ‘‘HOME Investment 11 Partnerships Program’’ as authorized under Title II of the 12 Cranston-Gonzalez National Affordable Housing Act (‘‘the 13 Act’’), $1,500,000,000: Provided, That the amount appro14 priated under this heading shall be distributed according to the same funding formula used in fiscal year 2008: Pro16 vided further, That the Secretary of Housing and Urban 17 Development may waive statutory or regulatory provisions 18 related to the obligation of such funds if necessary to fa19 cilitate the timely expenditure of funds (except for requirements related to fair housing, nondiscrimination, labor 21 standards, and the environment): Provided further, That 22 in selecting projects to be funded, recipients shall give pri23 ority to projects that can award contracts based on bids 24 within 120 days from the date that funds are available to the recipients. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 235 1 SELF-HELP AND ASSISTED HOMEOWNERSHIP 2 OPPORTUNITY PROGRAM 3 For an additional amount for ‘‘Self-Help and As4 sisted Homeownership Opportunity Program’’, as authorized under section 11 of the Housing Opportunity Pro6 gram Extension Act of 1996, $10,000,000: Provided, That 7 in awarding competitive grant funds, the Secretary of 8 Housing and Urban Development shall give priority to the 9 provision and rehabilitation of sustainable, affordable single and multifamily units in low-income, high-need rural 11 areas: Provided further, That in selecting projects to be 12 funded, grantees shall give priority to projects that can 13 award contracts based on bids within 120 days from the 14 date the funds are made available to the grantee. HOMELESS ASSISTANCE GRANTS 16 For an additional amount for ‘‘Homeless Assistance 17 Grants’’, for the emergency shelter grants program as au18 thorized under subtitle B of tile IV of the McKinney-Vento 19 Homeless Assistance Act, $1,500,000,000: Provided, That in addition to homeless prevention activities specified in 21 the emergency shelter grant program, funds provided 22 under this heading may be used for the provision of short23 term or medium-term rental assistance; housing relocation 24 and stabilization services including housing search, mediation or outreach to property owners, legal services, credit l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 236 1 repair, resolution of security or utility deposits, utility pay2 ments, rental assistance for a final month at a location, 3 and moving costs assistance; or other appropriate home4 lessness prevention activities; Provided further, That these funds shall be allocated pursuant to the formula author6 ized by section 413 of such Act: Provided further, That 7 the Secretary of Housing and Urban Development may 8 waive statutory or regulatory provisions related to the obli9 gation and use of emergency shelter grant funds necessary to facilitate the timely expenditure of funds. 11 OFFICE OF HEALTHY HOMES AND LEAD HAZARD 12 CONTROL 13 LEAD HAZARD REDUCTION 14 For an additional amount for ‘‘Lead Hazard Reduction’’, for the Lead Hazard Reduction Program as author16 ized by section 1011 of the Residential Lead-Based Paint 17 Hazard Reduction Act of 1992, $100,000,000: Provided, 18 That for purposes of environmental review, pursuant to 19 the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the 21 purposes of such Act, a grant under the Healthy Homes 22 Initiative, Operation Lead Elimination Action Plan 23 (LEAP), or the Lead Technical Studies program under 24 this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 237 1 funds for a special project for purposes of section 305(e) 2 of the Multifamily Housing Property Disposition Reform 3 Act of 1994: Provided further, That of the total amount 4 made available under this heading, $30,000,000 shall be made available on a competitive basis for areas with the 6 highest lead paint abatement needs. 7 GENERAL PROVISIONS, THIS TITLE 8 SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING 9 REQUIREMENTS TO ENSURE TRANSPARENCY AND ACCOUNTABILITY. 11 (a) MAINTENANCE OF EFFORT.—Not later than 30 12 days after the date of enactment of this Act, for each 13 amount that is distributed to a State or agency thereof 14 from an appropriation in this Act for a covered program, the Governor of the State shall certify that the State will 16 maintain its effort with regard to State funding for the 17 types of projects that are funded by the appropriation. As 18 part of this certification, the Governor shall submit to the 19 covered agency a statement identifying the amount of funds the State planned to expend as of the date of enact21 ment of this Act from non-Federal sources in the period 22 beginning on the date of enactment of this Act through 23 September 30, 2010, for the types of projects that are 24 funded by the appropriation. (b) PERIODIC REPORTS.— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 238 1 (1) IN GENERAL.—Notwithstanding any other 2 provision of law, each grant recipient shall submit to 3 the covered agency from which they received funding 4 periodic reports on the use of the funds appropriated 5 in this Act for covered programs. Such reports shall 6 be collected and compiled by the covered agency and 7 transmitted to Congress. 8 (2) CONTENTS OF REPORTS.—For amounts re9 ceived under each covered program by a grant re10 cipient under this Act, the grant recipient shall in11 clude in the periodic reports information tracking— 12 (A) the amount of Federal funds appro13 priated, allocated, obligated, and outlayed under 14 the appropriation; 15 (B) the number of projects that have been 16 put out to bid under the appropriation and the 17 amount of Federal funds associated with such 18 projects; 19 (C) the number of projects for which con20 tracts have been awarded under the appropria21 tion and the amount of Federal funds associ 22 ated with such contracts; 23 (D) the number of projects for which work 24 has begun under such contracts and the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 239 1 amount of Federal funds associated with such 2 contracts; 3 (E) the number of projects for which work 4 has been completed under such contracts and the amount of Federal funds associated with 6 such contracts; 7 (F) the number of jobs created or sus8 tained by the Federal funds provided for 9 projects under the appropriation, including information on job sectors and pay levels; and 11 (G) for each covered program report infor12 mation tracking the actual aggregate expendi13 tures by each grant recipient from non-Federal 14 sources for projects eligible for funding under the program during the period beginning on the 16 date of enactment of this Act through Sep17 tember 30, 2010, as compared to the level of 18 such expenditures that were planned to occur 19 during such period as of the date of enactment of this Act. 21 (3) TIMING OF REPORTS.—Each grant recipient 22 shall submit the first of the periodic reports required 23 under this subsection not later than 30 days after 24 the date of enactment of this Act and shall submit updated reports not later than 60 days, 120 days, l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 240 1 180 days, 1 year, and 3 years after such date of en 2 actment. 3 (c) DEFINITIONS.—In this section, the following defi4 nitions apply: (1) COVERED AGENCY.—The term ‘‘covered 6 agency’’ means the Federal Aviation Administration, 7 the Federal Highway Administration, the Federal 8 Railroad Administration, and the Federal Transit 9 Administration of the Department of Transportation. 11 (2) COVERED PROGRAM.—The term ‘‘covered 12 program’’ means funds appropriated in this Act for 13 ‘‘Grants-in-Aid for Airports’’ to the Federal Aviation 14 Administration; for ‘‘Highway Infrastructure Investment’’ to the Federal Highway Administration; for 16 ‘‘Capital Assistance for Intercity Passenger Rail 17 Service’’ to the Federal Railroad Administration; for 18 ‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway In19 frastructure Investment’’, and ‘‘Capital Investment Grants’’ to the Federal Transit Administration. 21 (3) GRANT RECIPIENT.—The term ‘‘grant re 22 cipient’’ means a State or other recipient of assist 23 ance provided under a covered program in this Act. 24 Such term does not include a Federal department or agency. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 241 SEC. 12002. FHA LOAN LIMITS FOR 2009. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— For mortgages for which the mortgagee issues credit approval for the borrower during calendar year 2009, if the dollar amount limitation on the principal obligation of a mortgage determined under section 203(b)(2) of the National Housing Act (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 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 242 1 sizes of residences in such sub-area by higher median 2 home prices in such sub-area, the Secretary may, for mort 3 gages for which the mortgagee issues credit approval for 4 the borrower during calendar year 2009, increase the max imum dollar amount limitation for such size or sizes of 6 residences for such sub-area that is otherwise in effect (in 7 cluding pursuant to subsection (a) of this section), but in 8 no case to an amount that exceeds the amount specified 9 in section 202(a)(2) of the Economic Stimulus Act of 2008. 11 SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009. 12 (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 13 For mortgages originated during calendar year 2009, if 14 the limitation on the maximum original principal obliga tion of a mortgage that may purchased by the Federal 16 National Mortgage Association or the Federal Home Loan 17 Mortgage Corporation determined under section 302(b)(2) 18 of the Federal National Mortgage Association Charter Act 19 (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the Fed eral Home Loan Mortgage Corporation Act (12 U.S.C. 21 1754(a)(2)), respectively, for any size residence for any 22 area is less than such maximum original principal obliga23 tion limitation that was in effect for such size residence 24 for such area for 2008 pursuant to section 201 of the Eco nomic Stimulus Act of 2008 (Public Law 110-185; 122 l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 243 1 Stat. 619), notwithstanding any other provision of law, the 2 limitation on the maximum original principal obligation of 3 a mortgage for such Association and Corporation for such 4 size residence for such area shall be such maximum limitation in effect for such size residence for such area for 6 2008. 7 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 8 Notwithstanding any other provision of law, if the Direc9 tor of the Federal Housing Finance Agency determines, for any geographic area that is smaller than an area for 11 which limitations on the maximum original principal obli12 gation of a mortgage are determined for the Federal Na13 tional Mortgage Association or the Federal Home Loan 14 Mortgage Corporation, that a higher such maximum original principal obligation limitation is warranted for any 16 particular size or sizes of residences in such sub-area by 17 higher median home prices in such sub-area, the Director 18 may, for mortgages originated during 2009, increase the 19 maximum original principal obligation limitation for such size or sizes of residences for such sub-area that is other21 wise in effect (including pursuant to subsection (a) of this 22 section) for such Association and Corporation, but in no 23 case to an amount that exceeds the amount specified in 24 the matter following the comma in section 201(a)(1)(B) of the Economic Stimulus Act of 2008. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 244 SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR 2009. For mortgages for which the mortgagee issues credit approval for the borrower during calendar year 2009, the second sentence of section 255(g) of the National Housing Act (12 U.S.C. 171520(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—STATE FISCAL STABILIZATION FUND DEPARTMENT OF EDUCATION STATE FISCAL STABILIZATION FUND For necessary expenses for a State Fiscal Stabilization Fund, $79,000,000,000, which shall be administered by the Department of Education, of which $39,500,000,000 shall become available on July 1, 2009 and remain available through September 30, 2010, and $39,500,000,000 shall become available on July 1, 2010 and remain available through September 30, 2011: Provided, That the provisions of section 1103 of this Act shall not apply to the funds reserved under section 13001(c) of this title: Provided further, That the amount made available under section 13001(b) of this title for adminis l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 245 1 tration and oversight shall take the place of the set-aside 2 under section 1106 of this Act. 3 GENERAL PROVISIONS, THIS TITLE 4 SEC. 13001. ALLOCATIONS. (a) OUTLYING AREAS.—From each year’s appropria6 tion to carry out this title, the Secretary of Education 7 shall first allocate one half of 1 percent to the outlying 8 areas on the basis of their respective needs, as determined 9 by the Secretary, for activities consistent with this title under such terms and conditions as the Secretary may de11 termine. 12 (b) ADMINISTRATION AND OVERSIGHT.—The Sec13 retary may, in addition, reserve up to $12,500,000 each 14 year for administration and oversight of this title, including for program evaluation. 16 (c) RESERVATION FOR ADDITIONAL PROGRAMS.— 17 After reserving funds under subsections (a) and (b), the 18 Secretary shall reserve $7,500,000,000 each year for 19 grants under sections 13006 and 13007. (d) STATE ALLOCATIONS.—After carrying out sub21 sections (a), (b), and (c), the Secretary shall allocate the 22 remaining funds made available to carry out this title to 23 the States as follows: 24 (1) 61 percent on the basis of their relative population of individuals aged 5 through 24. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 246 1 (2) 39 percent on the basis of their relative 2 total population. 3 (e) STATE GRANTS.—From funds allocated under 4 subsection (d), the Secretary shall make grants to the 5 Governor of each State. 6 (f) REALLOCATION.—The Governor shall return to 7 the Secretary any funds received under subsection (e) that 8 the Governor does not obligate within one year of receiving 9 a grant, and the Secretary shall reallocate such funds to 10 the remaining States in accordance with subsection (d). 11 SEC. 13002. STATE USES OF FUNDS. 12 (a) EDUCATION FUND.— 13 (1) IN GENERAL.—For each fiscal year, the 14 Governor shall use at least 61 percent of the State’s 15 allocation under section 13001 for the support of el16 ementary, secondary, and postsecondary education. 17 (2) RESTORING 2008 STATE SUPPORT FOR EDU18 CATION.— 19 (A) IN GENERAL.—The Governor shall 20 first use the funds described in paragraph (1)— 21 (i) to provide the amount of funds, 22 through the State’s principal elementary 23 and secondary funding formula, that is 24 needed to restore State support for elemen l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 247 1 tary and secondary education to the fiscal 2 year 2008 level; and 3 (ii) to provide the amount of funds to 4 public institutions of higher education in 5 the State that is needed to restore State 6 support for postsecondary education to the 7 fiscal year 2008 level. 8 (B) SHORTFALL.—If the Governor deter9 mines that the amount of funds available under 10 paragraph (1) is insufficient to restore State 11 support for education to the levels described in 12 clauses (i) and (ii) of subparagraph (A), the 13 Governor shall allocate those funds between 14 those clauses in proportion to the relative short15 fall in State support for the education sectors 16 described in those clauses. 17 (3) SUBGRANTS TO IMPROVE BASIC PROGRAMS 18 OPERATED BY LOCAL EDUCATIONAL AGENCIES.— 19 After carrying out paragraph (2), the Governor shall 20 use any funds remaining under paragraph (1) to 21 provide local educational agencies in the State with 22 subgrants based on their relative shares of funding 23 under part A of title I of the Elementary and Sec 24 ondary Education Act of 1965 (20 U.S.C. 6311 et l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 248 1 seq.) for the most recent year for which data are 2 available. 3 (b) OTHER GOVERNMENT SERVICES.—For each fis4 cal year, the Governor may use up to 39 percent of the State’s allocation under section 1301 for public safety and 6 other government services, which may include assistance 7 for elementary and secondary education and public institu8 tions of higher education. 9 SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES. 11 (a) IN GENERAL.—A local educational agency that 12 receives funds under this title may use the funds for any 13 activity authorized by the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6301 et seq.) (‘‘ESEA’’), the Individuals with Disabilities Education Act (20 U.S.C. 16 1400 et seq.) (‘‘IDEA’’), or the Carl D. Perkins Career 17 and Technical Education Act of 2006 (20 U.S.C. 2301 18 et seq.) (‘‘the Perkins Act’’). 19 (b) PROHIBITION.—A local educational agency may not use funds received under this title for capital projects 21 unless authorized by ESEA, IDEA, or the Perkins Act. 22 SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER 23 EDUCATION. 24 (a) IN GENERAL.—A public institution of higher education that receives funds under this title shall use the l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 249 1 funds for education and general expenditures, and in such 2 a way as to mitigate the need to raise tuition and fees 3 for in-State students. 4 (b) PROHIBITION.—An institution of higher edu5 cation may not use funds received under this title to in6 crease its endowment. 7 (c) ADDITIONAL PROHIBITION.—An institution of 8 higher education may not use funds received under this 9 title for construction, renovation, or facility repair. 10 SEC. 13005. STATE APPLICATIONS. 11 (a) IN GENERAL.—The Governor of a State desiring 12 to receive an allocation under section 13001 shall submit 13 an annual application at such time, in such manner, and 14 containing such information as the Secretary may reason15 ably require. 16 (b) FIRST YEAR APPLICATION.—In the first of such 17 applications, the Governor shall— 18 (1) include the assurances described in sub19 section (e); 20 (2) provide baseline data that demonstrates the 21 State’s current status in each of the areas described 22 in such assurances; and 23 (3) describe how the State intends to use its al24 location. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 250 1 (c) SECOND YEAR APPLICATION.—In the second year 2 application, the Governor shall— 3 (1) include the assurances described in sub 4 section (e); and 5 (2) describe how the State intends to use its al6 location. 7 (d) INCENTIVE GRANT APPLICATION.—The Governor 8 of a State seeking a grant under section 13006 shall— 9 (1) submit an application for consideration; 10 (2) describe the status of the State’s progress 11 in each of the areas described in subsection (e), and 12 the strategies the State is employing to help ensure 13 that high-need students in the State continue mak14 ing progress towards meeting the State’s student 15 academic achievement standards; 16 (3) describe how the State would use its grant 17 funding, including how it will allocate the funds to 18 give priority to high-need schools and local edu19 cational agencies; and 20 (4) include a plan for evaluating its progress in 21 closing achievement gaps. 22 (e) ASSURANCES.—An application under subsection 23 (b) or (c) shall include the following assurances: 24 (1) MAINTENANCE OF EFFORT.— l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 251 1 (A) ELEMENTARY AND SECONDARY EDU 2 CATION.—The State will, in each of fiscal years 3 2009 and 2010, maintain State support for ele 4 mentary and secondary education at least at 5 the level of such support in fiscal year 2006. 6 (B) HIGHER EDUCATION.—The State will, 7 in each of fiscal years 2009 and 2010, maintain 8 State support for public institutions of higher 9 education (not including support for capital 10 projects or for research and development) at 11 least at the level of such support in fiscal year 12 2006. 13 (2) ACHIEVING EQUITY IN TEACHER DISTRIBU14 TION.—The State will take actions to comply with 15 section 1111(b)(8)(C) of ESEA (20 U.S.C. 16 6311(b)(8)(C)) in order to address inequities in the 17 distribution of teachers between high-and low-pov18 erty schools, and to ensure that low-income and mi19 nority children are not taught at higher rates than 20 other children by inexperienced, unqualified, or out21 of-field teachers. 22 (3) IMPROVING COLLECTION AND USE OF 23 DATA.—The State will establish a longitudinal data 24 system that includes the elements described in sec l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 252 1 tion 6401(e)(2)(D) of the America COMPETES Act 2 (20 U.S.C. 9871). 3 (4) ASSESSMENTS.—The State— 4 (A) will enhance the quality of academic assessments described in section 1111(b)(3) of 6 ESEA (20 U.S.C. 6311(b)(3)) through activi7 ties such as those described in section 6112(a) 8 of such Act (20 U.S.C. 7301a(a)); and 9 (B) will comply with the requirements of paragraphs 3(C)(ix) and (6) of section 1111(b) 11 of ESEA (20 U.S.C. 6311(b)) and section 12 612(a)(16) of IDEA (20 U.S.C. 1412(a)(16)) 13 related to the inclusion of children with disabil14 ities and limited English proficient students in State assessments, the development of valid and 16 reliable assessments for those students, and the 17 provision of accommodations that enable their 18 participation in State assessments. 19 SEC. 13006. STATE INCENTIVE GRANTS. (a) IN GENERAL.—From the total amount reserved 21 under section 13001(c) that is not used for section 13007, 22 the Secretary shall, in fiscal year 2010, make grants to 23 States that have made significant progress in meeting the 24 objectives of paragraphs (2), (3), and (4) of section 13005(e). l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 253 1 (b) BASIS FOR GRANTS.—The Secretary shall deter2 mine which States receive grants under this section, and 3 the amount of those grants, on the basis of information 4 provided in State applications under section 13005 and 5 such other criteria as the Secretary determines appro6 priate. 7 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN8 CIES.—Each State receiving a grant under this section 9 shall use at least 50 percent of the grant to provide local 10 educational agencies in the State with subgrants based on 11 their relative shares of funding under part A of title I of 12 ESEA (20 U.S.C. 6311 et seq.) for the most recent year. 13 SEC. 13007. INNOVATION FUND. 14 (a) IN GENERAL.— 15 (1) PROGRAM ESTABLISHED.—From the total 16 amount reserved under section 13001(c), the Sec17 retary may reserve up to $325,000,000 each year to 18 establish an Innovation Fund, which shall consist of 19 academic achievement awards that recognize States, 20 local educational agencies, or schools that meet the 21 requirements described in subsection (b). 22 (2) BASIS FOR AWARDS.—The Secretary shall 23 make awards to States, local educational agencies, 24 or schools that have made significant gains in clos l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 254 1 ing the achievement gap as described in subsection 2 (b)(1)— 3 (A) to allow such States, local educational 4 agencies, and schools to expand their work and serve as models for best practices; 6 (B) to allow such States, local educational 7 agencies, and schools to work in partnership 8 with the private sector and the philanthropic 9 community; and (C) to identify and document best practices 11 that can be shared, and taken to scale based on 12 demonstrated success. 13 (b) ELIGIBILITY.—To be eligible for such an award, 14 a State, local educational agency, or school shall— (1) have significantly closed the achievement 16 gaps between groups of students described in section 17 1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2)); 18 (2) have exceeded the State’s annual measur19 able objectives consistent with such section 1111(b)(2) for 2 or more consecutive years or have 21 demonstrated success in significantly increasing stu 22 dent academic achievement for all groups of stu 23 dents described in such section through another 24 measure, such as measures described in section 1111(c)(2) of ESEA; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 255 1 (3) have made significant improvement in other 2 areas, such as graduation rates or increased recruit 3 ment and placement of high-quality teachers and 4 school leaders, as demonstrated with meaningful data; and 6 (4) demonstrate that they have established 7 partnerships with the private sector, which may in8 clude philanthropic organizations, and that the pri9 vate sector will provide matching funds in order to help bring results to scale. 11 SEC. 13008. STATE REPORTS. 12 For each year of the program under this title, a State 13 receiving funds under this title shall submit a report to 14 the Secretary, at such time and in such manner as the Secretary may require, that describes— 16 (1) the uses of funds provided under this title 17 within the State; 18 (2) how the State distributed the funds it re19 ceived under this title; (3) the number of jobs that the Governor esti 21 mates were saved or created with funds the State re 22 ceived under this title; 23 (4) tax increases that the Governor estimates 24 were averted because of the availability of funds from this title; l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 256 1 (5) the State’s progress in reducing inequities 2 in the distribution of teachers, in implementing a 3 State student longitudinal data system, and in devel 4 oping and implementing valid and reliable assessments for limited English proficient students and 6 children with disabilities; 7 (6) the tuition and fee increases for in-State 8 students imposed by public institutions of higher 9 education in the State during the period of availability of funds under this title, and a description of 11 any actions taken by the State to limit those in12 creases; and 13 (7) the extent to which public institutions of 14 higher education maintained, increased, or decreased enrollment of in-State students, including students 16 eligible for Pell Grants or other need-based financial 17 assistance. 18 SEC. 13009. EVALUATION. 19 The Comptroller General of the United States shall conduct evaluations of the programs under sections 13006 21 and 13007 which shall include, but not be limited to, the 22 criteria used for the awards made, the States selected for 23 awards, award amounts, how each State used the award 24 received, and the impact of this funding on the progress made toward closing achievement gaps. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 257 SEC. 13010. SECRETARY’S REPORT TO CONGRESS. The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of State reports, that evaluates the information provided in the State reports under section 13008. SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN AS SISTANCE. No recipient of funds under this title shall use such funds to provide financial assistance to students to attend private elementary or secondary schools. SEC. 13012. DEFINITIONS. Except as otherwise provided in this title, as used in this title— (1) the term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) the term ‘‘Secretary’’ means the Secretary of Education; (3) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.) H:\FY 2009 ECON RECOVERY\ECREC05.XML House Approps Cmtte 258 1 (4) any other term used in this title that is de 2 fined in section 9101 of ESEA (20 U.S.C. 7801) 3 shall have the meaning given the term in that sec4 tion. l:\VA\011509\A011509.004.xml January 15, 2009 (4:02 a.m.)