Smart Grid Demonstrai Project Shal Provide Such Informat

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111
TH CONGRESS
1ST S ESSION
Making suplemnta aproitns orf job presvation and creation, infra-

struce investm, enrgy eficny and scien, asitnce to het
unemployd, and State and loca fiscal stabilzon, for the iscalf eary
endig Septembr 30, 2009, and orf other urpose.
IN THE HOUSE OF REPRESENTATIVES
Mr. O BEY , from the Comite on Approiatns, eportd the folwing bil;
whic asw comited to the Comite of the Whole House on the State
of the Union and orde to be printed
Making suplemnta aproitns orf job presvation and

creation, infrastuce investm, enrgy eficny and
scien, asitnce to the unemployd, and State and
loca fiscal stabilzon, for the fiscal year endig Sep-
tembr 30, 2009, and for other purose.
1 Be it enacted by the Senate and House of Representa-

2 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 Reinvestm Act of 2009 .
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1 SEC. 2. TABLE OF CONTENTS.
2 The table of contes for this Act is as folws:

TITLE I EN G ERAL PROVISIONS
TITLE I AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT
TITLE I COMMERCE, JUSTICE, AND SCIENCE
TITLE IV DEFENSE
TITLE V ENERGY AND WATER
TITLE VI FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE VII HOMELAND SECURITY
TITLE VII 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 XII STATE FISCAL STABILIZATION FUND
3 SEC. 3. STATEMENT OF APPROPRIATIONS.
4 The folwing sum in this Act are aproited, out

5 of any money in the Treasury not otherwis aproited,
6 for the fiscal year endig Septembr 30, 2009, and for
7 other purose.
8 TITLE I—GENERAL PROVISIONS
9 Subtitle A—Use of Funds
10 SEC. 1101. PURPOSES AND PRINCIPLES.
11 (a) S TATEMENT OF P URPOSES . The purose of

12 this Act include the folwing:
13 (1) To presv and creat jobs and promte
14 econmi recovy.
15 (2) To asit those most impacted by the recs-
16 sion.
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1 (3) To provide investm ned to increas
2 econmi eficny by spuring technolgia ad-
3 vances in scien and healt.
4 (4) To invest in transpoi, enviromtal
5 protecin, and other infrastuce tha wil provide
6 long-term econmi benfits.
7 (5) To stabilze State and loca governmt
8 budgets, in orde to minze and avoid reductions
9 in esntial servic and counterpdiv stae and
10 loca tax increas.
11 (b) G ENERAL P RINCIPLES CONCERNING U SE OF
12 F UNDS . The Presidnt and the heads of Fedral depart-

13 ments and agencis shal mange and expnd the funds
14 made avilbe in this Act so as to achiev the purose
15 specifd in subection (a), includg comenig expndi-
16 tures and actives as quickly as posible consite with
17 prudent manget.
18 SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.
19 In using funds made avilbe in this Act for infra-

20 struce investm, recipnts shal give prefnc to
21 actives tha can be stared and completd expditously,
22 includg a goal of using at least 50 percnt of the funds
23 for actives tha can be intaed not later than 120 days
24 after the date of the enactm of this Act. Recipents
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1 shal also use grant funds in a maner tha maxizes
2 job creation and econmi benfit.
3 SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.
4 (a) F ORMULA G RANTS . Formula grants using funds

5 made avilbe in this Act shal be awrde not later than
6 30 days after the date of the enactm of this Act (or,
7 in the case of aproitns not avilbe upon enact-
8 ment, not later than 30 days after the aproitn be-
9 comes avilbe for obligatn), unles exprsly provide
10 otherwis in this Act.
11 (b) C OMPETITIVE G RANTS . Competiv grants
12 using funds made avilbe in this Act shal be awrde
13 not later than 90 days after the date of the enactm
14 of this Act (or, in the case of aproitns not avilbe
15 upon enactm, not later than 90 days after the apro-
16 priaton becoms avilbe for obligatn), unles exprsly
17 provide otherwis in this Act.
18 (c) A DDITIONAL P ERIOD FOR N EW P ROGRAMS . The
19 time limts specifd in subection (a) and (b) may each
20 be extnd by up to 30 days in the case of grants for
21 whic fundig was not provide in fiscal year 2008.
22 SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANT-
23 EES.
24 (a) D EADLINE FOR BINDING COMMITMENTS . Each

25 recipnt of a grant made using amounts made avilbe
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1 in this Act in any acount listed in subection (c) shal
2 entr into contras or other bindg comitens not
3 later than 1 year after the date of the enactm of this
4 Act (or not later than 9 months after the grant is awrd-
5 ed, if later) to make use of 50 percnt of the funds awrd-
6 ed, and shal entr into contras or other bindg comit-
7 ments not later than 2 years after the date of the enact-
8 ment of this Act (or not later than 21 months after the
9 grant is awrde, if later) to make use of the remaing
10 funds. In the case of actives to be caried out directly
11 by a grant recipnt (rathe than by contras, subgrant,
12 or other arngemts with third parties), a certifaon
13 by the recipnt specifyng the amounts, planed timng,
14 and purose of such expnditurs shal be dem a bind-
15 ing comiten for purose of this section.
16 (b) R EDISTRIBUTION OF U NCOMMITTED F UNDS .
17 The head of the Fedral departmn or agency involed
18 shal recov or deobligat any grant funds not comited
19 in acordne with subection (a), and redistbu such
20 funds to other recipnts eligb under the grant progam
21 and able to make use of such funds in a timely maner
22 (includg bindg comitens withn 120 days after the
23 realoctin).
24 (c) A PPROPRIATIONS TO W HICH T HIS S ECTION AP -
25 PLIES . This section shal aply to grants made using
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1 amounts aproited in any of the folwing acounts
2 withn this Act:
3 (1) Envirometal Protecin Agency State
4 and Tribal Assitance Grants .
5 (2) Departmen of Transporti Fedral
6 Aviaton Adminstrao Grants-in-Aid for Air-
7 ports .
9 Railroad Adminstrao Capital Assitance for
10 Interciy Pasengr Rail Service .
12 Transit Adminstrao Capital Investm
13 Grants .
15 Transit Adminstrao Fixed Guideway Infra-
16 struce Investm .
18 Transit Adminstrao Transit Capital Assit-
19 ance .
20 (7) Departmen of Housing and Urban Devel-
21 opment Public and India Housing Public Hous-
22 ing Capital Fund .
24 opment Public and India Housing Eldery, Dis-
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1 abled, and Section 8 Assited Housing Energy Ret-
2 rofit .
4 opment Public and India Housing Native Amer-
5 ican Housing Block Grants .
6 (10) Departmen of Housing and Urban De-
7 velopmnt Comunity Planig and Develop-
8 ment HOME Investm Partneship Program .
9 (11) Departmen of Housing and Urban De-
10 velopmnt Comunity Planig and Develop-
11 ment Self-Help and Assited Homewnrship Op-
12 portuniy Program .
13 SEC. 1105. PERIOD OF AVAILABILITY.
14 (a) I N G ENERAL . All funds aproited in this Act

15 shal remain avilbe for obligatn until Septembr 30,
16 2010, unles exprsly provide otherwis in this Act.
17 (b) R EOBLIGATION . Amounts tha are not ned
18 or canot be used for the activy for whic orignaly obli-
19 gated may be deobligat and, notwihsadg the limta-
20 tion on avilbty specifd in subection (a), reobligatd
21 for other actives tha have recivd fundig from the
22 same acount or aproitn in this Act.
23 SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.
24 Unles other provisn is made in this Act (or in other

25 aplicbe law) for such expns, up to 0.5 percnt of
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1 each amount aproited in this Act may be used for the
2 expns of manget and oversight of the progams,
3 grants, and actives funde by such aproitn, and
4 may be transfed by the head of the Fedral departmn
5 or agency involed to any other aproite acount withn
6 the departmn or agency for tha purose. Funds set
7 aside under this section shal remain avilbe for obliga-
8 tion until Septembr 30, 2012.
9 SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.
10 In aditon to funds otherwis made avilbe in this

11 Act, ther are herby aproited the folwing sum to
12 the specifd Offices of Inspector Genral, to remain avil-
13 able until Septembr 30, 2013, for oversight and audit of
14 progams, grants, and projects funde under this Act:
15 (1) Departmen of Agriculte Office of In-
16 spector Genral , $22,500,000.
17 (2) Departmen of Comerc Office of In-
19 (3) Departmen of Defens Office of the In-
21 (4) Departmen of Education Departmenl
22 Managemt Office of the Inspector Genral ,
23 $14,000,000.
24 (5) Departmen of Energy Office of Inspec-
25 tor Genral , $15,000,000.
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1 (6) Departmen of Health and Human Serv-
2 ices Office of the Secretay Office of Inspector
3 Genral , $19,000,000.
4 (7) Departmen of Homeland Security Office
5 of Inspector Genral , $2,000,000.
7 opment Managemt and Adminstrao Office
9 (9) Departmen of the Interio Office of In-
11 (10) Departmen of Justice Office of Inspec-
12 tor Genral , $2,000,000.
13 (11) Departmen of Labor Departmenl
14 Managemt Office of Inspector Genral ,
15 $6,000,000.
16 (12) Departmen of Transporti Office of
17 Inspector Genral , $20,000,000.
18 (13) Departmen of Veterans Affairs Office
20 (14) Envirometal Protecin Agency Office
22 (15) Genral Services Adminstrao Gen-
23 eral Actives Office of Inspector Genral ,
24 $15,000,000.
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1 (16) National Aeronautics and Space Admins-
2 traion Office of Inspector Genral , $2,000,000.
3 (17) National Scienc Foundati Office of
5 (18) Smal Busine Adminstrao Office of
7 (19) Social Security Adminstrao Office of
9 (20) Corpoatin for National and Comunity
10 Service Office of Inspector Genral , $1,000,000.
11 SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNT-
12 ABILITY OFFICE.
13 Ther is herby aproited as an aditonl amount

14 for Governmt Accountabily Office Salaries and Ex-
15 pens $25,000,000, for oversight actives relating to
16 this Act.
17 SEC. 1109. PROHIBITED USES.
18 None of the funds aproited or otherwis made

19 avilbe in this Act may be used for any casino or other
20 gamblin establihmn, aqurim, zo, golf course, or
21 swimng pol.
22 SEC. 1110. RELATIONSHIP TO OTHER APPROPRIATIONS.
23 Each amount aproited or made avilbe in this

24 Act is in aditon to amounts otherwis aproited for
25 the fiscal year involed. Enactme of this Act shal have
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1 no efct on the avilbty of amounts under the Con-
2 tinug Approiatns Resolutin, 2009 (divson A of
3 Public Law 110-329).
4 SEC. 1111. EMERGENCY DESIGNATION.
5 Each amount in this Act is designat as an emr-

6 gency requimnt and necsary to met emrgncy neds
7 pursant to section 204(a) of S. Con. Res. 21 (110th Con-
8 gres) and section 301(b)(2) of S. Con. Res. 70 (110th
9 Congres), the conuret resolutin 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) R EQUIREMENTS FOR F EDERAL AGENCIES .

17 Each Fedral agency shal publish on the websit Recov-
18 ery.gov (as establihd under section 1226 of this sub-
19 tile)
20 (1) a plan for using funds made avilbe in
21 this Act to the agency; and
22 (2) al anoucemts for grant competins,
23 aloctins of formula grants, and awrds of com-
24 petiv grants using those funds.
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1 (b) R EQUIREMENTS FOR F EDERAL , TATE
S , AND
2 L OCAL G OVERNMENT AGENCIES .
3 (1) I NFRASTRUCTURE INVESTMENT FUND -
4 ING . With respct to funds made avilbe under
5 this Act for infrastuce investm to Fedral,
6 State, or loca governmt agencis, the folwing re-
7 quiremnts aply:
8 (A) Each such agency shal notify the pub-
9 lic of funds obligated to particul infrastuc-
10 ture investm by posting the notifca on
11 the websit Recovery.gov.
12 (B) The notifca requid by subpar-
13 graph (A) shal include the folwing:
14 (i) A descripton of the infrastuce
15 investm funde.
16 (i) The purose of the infrastuce
17 investm.
18 (i) The toal cost of the infrastuc-
19 ture investm.
20 (iv) The rationle of the agency for
21 fundig the infrastuce investm with
22 funds made avilbe under this Act.
23 (v) The name of the person to conta
24 at the agency if ther are coners with
25 the infrastuce investm and, with re-
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1 spect to Fedral agencis, an email adres
2 for the Fedral ofical in the agency whom
3 the public can conta.
4 (vi) In the case of State or loca agen-
5 cies, a certifaon from the Govern,
6 mayor, or other chief excutiv, as apro-
7 priate, tha the infrastuce investm
8 has recivd the ful reviw and veting re-
9 quired by law and tha the chief excutiv
10 acepts responiblty tha the infrastuc-
11 ture investm is an aproite use of
12 taxpyer dolars. A State or loca agency
13 may not reciv infrastuce investm
14 fundig from funds made avilbe in this
15 Act unles this certifaon is made.
16 (2) O PERATIONAL FUNDING . With respct to
17 funds made avilbe under this Act in the form of
18 grants for operatinl purose to State or loca gov-
19 ernmt agencis or other organizts, the agency
20 or organizt shal publish on the websit Recov-
21 ery.gov a descripton of the inted use of the
22 funds, includg the number of jobs sutained or cre-
23 ated.
24 (c) A VAILABILITY ON I NTERNET OF CONTRACTS AND
25 G RANTS . Each contra awrde or grant isued using
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1 funds made avilbe in this Act shal be posted on the
2 Inter and linked to the websit Recovery.gov. Propri-
3 etary dat tha is requid to be kept confidetal under
4 aplicbe Fedral or State law or regulation shal be re-
5 dacte befor posting.
6 SEC. 1202. INSPECTOR GENERAL REVIEWS.
7 (a) R EVIEWS . Any inspector genral of a Fedral

8 departmn or excutiv agency shal reviw, as apro-
9 priate, any coners raised by the public about specif
10 investm using funds made avilbe in this Act. Any
11 findgs of an inspector genral resulting from such a re-
12 view shal be relayd imedatly to the head of each de-
13 partmen and agency. In aditon, the findgs of such re-
14 views, along with any audits condute by any inspector
15 genral of funds made avilbe in this Act, shal be posted
16 on the Inter and linked to the websit Recovery.gov.
17 (b) E XAMINATION OF R ECORDS . The Inspector
18 Genral of the agency conerd may examin any recods
19 relatd to obligatns of funds made avilbe in this Act.
20 SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE RE-
21 VIEWS AND REPORTS.
22 (a) R EVIEWS AND R EPORTS . The Comptrole Gen-

23 eral of the United States shal condut bimonthly reviws
24 and prea repots on such reviws on the use by selctd
25 States and locaites of funds made avilbe in this Act.
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1 Such repots, along with any audits condute by the
2 Comptrole Genral of such funds, shal be posted on the
3 Inter and linked to the websit Recovery.gov.
4 (b) E XAMINATION OF R ECORDS . The Comptrole
5 Genral may examin any recods relatd to obligatns
6 of funds made avilbe in this Act.
7 SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS.
8 The Chairmn of the Council of Econmi Adviser,

9 in consultai with the Directo of the Office of Manage-
10 ment and Budget and the Secretay of the Treasury, shal
11 submit quartely repots to Congres detailng the esti-
12 mated impact of progams under this Act on employnt,
13 econmi growth, and other key econmi indcators.
14 SEC. 1205. SPECIAL CONTRACTING PROVISIONS.
15 The Fedral Acquiston Regulation shal aply to

16 contras awrde with funds made avilbe in this Act.
17 To the maxiu extn posible, such contras shal be
18 awrde as fixed-price contras throug the use of com-
19 petiv procedus. Existng contras so awrde may be
20 utilzed in orde to obligate such funds expditously. Any
21 contra awrde with such funds tha is not fixed-price
22 and not awrde using competiv procedus shal be
23 posted in a special section of the websit Recovery.gov.
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1 PART 2—ACCOUNTABILITY AND TRANSPARENCY
2 BOARD
3 SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND
4 TRANSPARENCY BOARD.
5 Ther is establihd a board to be know as the Re-

6 covery Act Accountabily and Transprecy Board
7 (heraft in this subtile refd to as the Board ) to
8 cordinate and condut oversight of Fedral spendig
9 under this Act to prevnt waste, fraud, and abuse.
10 SEC. 1222. COMPOSITION OF BOARD.
11 (a) M EMBERSHIP . The Board shal be compsed of

12 sevn mebrs as folws:
13 (1) The Chief Perfomance Officer of the Presi-
14 dent, who shal chair the Board.
15 (2) Six mebrs designat by the Presidnt
16 from the inspector genral and deputy secrtai
17 of the Departmens of Education, Energy, Health
18 and Human Services, Transporti, and other
19 Fedral departmns and agencis to whic funds
20 are made avilbe in this Act.
21 (b) T ERMS . Each mebr of the Board shal serv
22 for a term to be detrmin by the Presidnt.
23 SEC. 1223. FUNCTIONS OF THE BOARD.
24 (a) O VERSIGHT . The Board shal cordinate and

25 condut oversight of spendig under this Act to prevnt
26 waste, fraud, and abuse. In aditon to responiblt set
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1 forth in this subtile, the responiblt of the Board shal
2 include the folwing:
3 (1) Ensurig tha the repoting of informat
4 regadin contra and grants under this Act mets
5 aplicbe standr and specif the purose of the
6 contra or grant and measur of perfomanc.
7 (2) Verifyng tha competin requimnts ap-
8 plicabe to contras and grants under this Act and
9 other aplicbe Fedral law have ben satifed.
10 (3) Investiga spendig under this Act to de-
11 termin whetr wasteful spendig, por contra or
12 grant manget, or other abuse are ocuring.
13 (4) Reviewng whetr ther are suficent
14 qualifed acquiston and grant personl oversing
15 spendig under the this Act.
16 (5) Reviewng whetr acquiston and grant
17 personl reciv adequt traing and whetr
18 ther are aproite mechanis for interagcy
19 colabrtin.
20 (b) R EPORTS .
21 (1) F LASH AND OTHER REPORTS . The Board
22 shal submit to Congres repots, to be know as
23 flash repots , on potenial manget and fund-
24 ing problems tha requi imedat atenio. The
25 Board also shal submit to Congres such other re-
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1 ports as the Board consider aproite on the use
2 and benfits of funds made avilbe in this Act.
3 (2) Q UARTERLY . The Board shal submit to
4 the Presidnt and Congres quartely repots sum-
5 marizng its findgs and the findgs of agency in-
6 spector genral and may isue aditonl repots as
7 aproite.
8 (3) A NNUALLY . On an anul basi, the
9 Board shal prea a conslidate repot on the use
10 of funds under this Act. All repots shal be publicy
11 avilbe and shal be posted on the Inter websit
12 Recovery.gov, excpt tha portins of repots may be
13 redact if the portins would discloe informat
14 tha is protecd from public discloure under sec-
15 tion 552 of tile 5, United States Code (poulary
16 know as the Fredom of Informati Act).
17 (c) R ECOMMENDATIONS TO AGENCIES . The Board
18 shal make recomndatis to Fedral agencis on meas-
19 ures to prevnt waste, fraud, and abuse. A Fedral agency
20 shal, withn 30 days after recipt of any such rec-
21 omendati, submit to the Board, the Presidnt, and the
22 congresial comites of jurisdcton a repot on
23 whetr the agency agres or disagre with the rec-
24 omendatis and what step, if any, the agency plans
25 to take to implent the recomndatis.
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1 SEC. 1224. POWERS OF THE BOARD.
2 (a) C OORDINATION OF AUDITS AND I NVESTIGATIONS
3 BY AGENCY I NSPECTORS G ENERAL . The Board shal co-

4 ordinate the audits and investgao of spendig under
5 this Act by agency inspector genral.
6 (b) C ONDUCT OF R EVIEWS BY BOARD . The Board
7 may condut reviws of spendig under this Act and may
8 colabrte on such reviws with any inspector genral.
9 (c) M ETINGS . The Board may, for the purose of
10 carying out its duties under this Act, hold public met-
11 ings, sit and act at times and places, and reciv informa-
12 tion as the Board consider aproite. The Board shal
13 met at least once a month.
14 (d) O BTAINING O FICIAL D ATA. The Board may
15 secur directly from any departmn or agency of the
16 United States informat necsary to enabl it to cary
17 out its duties under this Act. Upon requst of the Chair-
18 man of the Board, the head of tha departmn or agency
19 shal furnish tha informat to the Board.
20 (e) C ONTRACTS . The Board may entr into con-
21 tracs to enabl the Board to discharge its duties under
22 this Act.
23 SEC. 1225. STAFFING.
24 (a) E XECUTIVE D IRECTOR . The Chairmn of the

25 Board may apoint and fix the compensati of an excu-
26 tive directo and other personl as may be requid to
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1 cary out the functios of the Board. The Directo shal
2 be paid at the rate of basic pay for lev IV of the Execu-
3 tive Schedul.
4 (b) S TAFF OF F EDERAL AGENCIES . Upon requst
5 of the Board, the head of any Fedral departmn or agen-
6 cy may detail any Fedral ofical or employ, includg
7 oficals and employs of ofices of inspector genral, to
8 the Board withou reimbusnt from the Board, and
9 such detail staf shal retain the rights, stau, and
10 privlegs of his or her regula employnt withou inter-
11 ruption.
12 (c) O FICE S PACE . Office space shal be provide
13 to the Board withn the Executiv Office of the Presidnt.
14 SEC. 1226. RECOVERY.GOV.
15 (a) R EQUIREMENT TO E STABLISH W EBSITE . The

16 Board shal establih and maint a websit on the Inter-
17 net to be named Recovery.gov, to foster great acount-
18 abilty and transpecy in the use of funds made avil-
19 able in this Act.
20 (b) P URPOSE . Recovery.gov shal be a portal or
21 gatewy to key informat relatd to this Act and provide
22 a windo to other Governmt websit with relatd infor-
23 mation.
24 (c) M ATTERS COVERED . In establihng the websit
25 Recovery.gov, the Board shal ensur the folwing:
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21
1 (1) The websit shal provide materils explain-
2 ing what this Act means for citzens. The materils
3 shal be easy to understa and regulay update.
4 (2) The websit shal provide acountbily in-
5 formatin, includg a datbse of findgs from au-
6 dits, inspector genral, and the Governmt Ac-
7 countabily Office.
8 (3) The websit shal provide dat on relvant
9 econmi, finacl, grant, and contra informat
10 in user-friendly visual presntaio to enhac pub-
11 lic awrens of the use funds made avilbe in this
12 Act.
13 (4) The websit shal provide detail dat on
14 contras awrde by the Governmt for purose
15 of carying out this Act, includg informat about
16 the competivns of the contraig proces, noti-
17 ficaton of solictan for contras to be awrde,
18 and informat about the proces tha was used for
19 the awrd of contras.
20 (5) The websit shal include printable repots
21 on funds made avilbe in this Act obligated by
22 month to each State and congresial distrc.
23 (6) The websit shal provide a means for the
24 public to give fedback on the perfomanc of con-
25 tracs awrde for purose of carying out this Act.
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1 (7) The websit shal be enhacd and update
2 as necsary to cary out the purose of this sub-
3 tile.
4 SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF IN-
5 SPECTORS GENERAL.
6 Inspector genral shal retain indept authoriy

7 to detrmin whetr to condut an audit or investgao
8 of spendig under this Act. If the Board requst tha
9 an inspector genral condut or refain from condutig
10 an audit or investgao and the inspector genral rejcts
11 the requst in whole or in part, the inspector genral shal,
12 withn 30 days after recipt of the requst, submit to the
13 Board, the agency head, and the congresial comites
14 of jurisdcton a repot explaing why the inspector gen-
15 eral has rejctd the requst in whole or in part.
16 SEC. 1228. COORDINATION WITH THE COMPTROLLER GEN-
17 ERAL AND STATE AUDITORS.
18 The Board shal cordinate its oversight actives

19 with the Comptrole Genral of the United States and
20 State auditor genrals.
21 SEC. 1229. INDEPENDENT ADVISORY PANEL.
22 (a) E STABLISHMENT . Ther is establihd a panel

23 to be know as the Indept Advisory Panel to ad-
24 vise the Board.
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January 15, 2009 (4:02 a.m.)
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1 (b) M EMBERSHIP . The Panel shal be compsed of
2 five mebrs apointed by the Presidnt from among ind-
3 viduals with exprtis in econmis, public finace, con-
4 tracing, acountig, or other relvant fields.
5 (c) F UNCTIONS . The Panel shal make rec-
6 omendatis to the Board on actions the Board could
7 take to prevnt waste, fraud, and abuse in Fedral spend-
8 ing under this Act.
9 (d) T RAVEL E XPENSES . Each mebr of the Panel
10 shal reciv travel expns, includg per diem in lieu
11 of subitenc, in acordne with aplicbe provisn
12 under subchapter I of chapter 57 of tile 5, United States
13 Code.
14 SEC. 1230. FUNDING.
15 Ther is herby aproited to the Board

16 $14,000,000 to cary out this subtile.
17 SEC. 1231. BOARD TERMINATION.
18 The Board shal termina 12 months after 90 per-

19 cent of the funds made avilbe under this Act have ben
20 expnd, as detrmin by the Directo of the Office of
21 Managemt and Budget.
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24
1 PART 3—ADDITIONAL ACCOUNTABILITY AND
2 TRANSPARENCY PROVISIONS
3 SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NON-
4 COMPETITIVE CONTRACTS.
5 No contra entrd into using funds made avilbe

6 in this Act pursant to the authoriy provide in section
7 303(c)(2) of the Fedral Property and Adminstrave
8 Services Act of 1949 (41 U.S.C. 253(c)(2) tha is for an
9 amount great than the simplfed acquiston thresold
10 (as defin in section 4(11) of the Office of Fedral Pro-
11 curemnt Policy Act (41 U.S.C. (4)(11))
12 (1) may excd the time necsary
13 (A) to met the unsal and compeling re-
14 quiremnts of the work to be perfomd under
15 the contra; and
16 (B) for the excutiv agency to entr into
17 another contra for the requid gods or serv-
18 ices throug the use of competiv procedus;
19 and
20 (2) may excd one year unles the head of the
21 excutiv agency entrig into such contra detr-
22 mines tha excptional cirumstane aply.
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1 SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OF-
2 FICE AND OFFICES OF INSPECTOR GENERAL
3 TO CERTAIN EMPLOYEES.
4 (a) A CCESS . Each contra awrde using funds

5 made avilbe in this Act shal provide tha the Comp-
6 trole Genral and his repsntaiv, and any repsnt-
7 atives of an aproite inspector genral apointed under
8 section 3 or 8G of the Inspector Genral Act of 1978 (5
9 U.S.C. App.), are authorized
10 (1) to examin any recods of the contra or
11 any of its subcontra, or any State or loca agen-
12 cy adminsterg such contra, tha directly pertain
13 to, and invole transcio relating to, the contra
14 or subcontra; and
15 (2) to intervw any curent employ regadin
16 such transcio.
17 (b) R ELATIONSHIP TO E XISTING AUTHORITY .
18 Nothing in this section shal be interpd to limt or re-
19 stric in any way any existng authoriy of the Comptrole
20 Genral or an Inspector Genral.
21 SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT
22 AND CONTRACTOR WHISTLEBLOWERS.
23 (a) P ROHIBITION OF R EPRISALS . An employ of

24 any no-Fedral employr recivng funds made avilbe
25 in this Act may not be discharge, demot, or otherwis
26 discrmnate aginst as a repisal for disclong to the
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1 Board, an inspector genral, the Comptrole Genral, a
2 mebr of Congres, or a Fedral agency head, or their
3 repsntaiv, informat tha the employ reasonbly
4 belivs is evidnc of
5 (1) gros misanget of an excutiv agen-
6 cy contra or grant;
7 (2) a gros waste of excutiv agency funds;
8 (3) a subtanil and specif danger to public
9 healt or safety; or
10 (4) a violatn of law relatd to an excutiv
11 agency contra (includg the competin for or ne-
12 gotian of a contra) or grant awrde or isued
13 to cary out this Act.
14 (b) I NVESTIGATION OF COMPLAINTS .
15 (1) A person who belivs tha the person has
16 ben subjectd to a repisal prohibted by subection
17 (a) may submit a complaint to the inspector genral
18 of the excutiv agency tha awrde the contra or
19 isued the grant. Unles the inspector genral detr-
20 mines tha the complaint is frivolus, the inspector
21 genral shal investga the complaint and, upon
22 completin of such investgao, submit a repot of
23 the findgs of the investgao to the person, the
24 person s employr, the head of the Fedral agency
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1 tha awrde the contra or isued the grant, and
2 the Board.
3 (2)(A) Except as provide under subpargh
4 (B), the inspector genral shal make a detrmina-
5 tion tha a complaint is frivolus or submit a repot
6 under pargh (1) withn 180 days after recivng
7 the complaint.
8 (B) If the inspector genral is unable to com-
9 plet an investgao in time to submit a repot
10 withn the 180-day period specifd in subpargh
11 (A) and the person submitng the complaint agres
12 to an extnsio of time, the inspector genral shal
13 submit a repot under pargh (1) withn such ad-
14 ditonal period of time as shal be agred upon be-
15 twen the inspector genral and the person submit-
16 ting the complaint.
17 (c) R EMEDY AND E NFORCEMENT AUTHORITY .
18 (1) Not later than 30 days after recivng an
19 inspector genral repot pursant to subection (b),
20 the head of the agency conerd shal detrmin
21 whetr ther is suficent basi to conlude tha the
22 no-Fedral employr has subjectd the complaint
23 to a repisal prohibted by subection (a) and shal
24 eithr isue an orde denyig relif or shal take one
25 or more of the folwing actions:
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1 (A) Order the employr to take afirmtve
2 action to abte the repisal.
3 (B) Order the employr to reinsta the
4 person to the positn tha the person held be-
5 fore the repisal, togehr with the compensa-
6 tion (includg back pay), employnt benfits,
7 and other terms and condits of employnt
8 tha would aply to the person in tha positn
9 if the repisal had not ben taken.
10 (C) Order the employr to pay the com-
11 plaint an amount equal to the agret
12 amount of al cost and expns (includg at-
13 torneys fes and exprt witnes fes) tha
14 wer reasonbly incured by the complaint
15 for, or in coneti with, bring the com-
16 plaint regadin the repisal, as detrmin by
17 the head of the agency.
18 (2) If the head of an excutiv agency isue an
19 orde denyig relif under pargh (1) or has not
20 isued an orde withn 210 days after the submion
21 of a complaint under subection (b), or in the case
22 of an extnsio of time under pargh (b)2)(B),
23 not later than 30 days after the expiraton of the ex-
24 tensio of time, and ther is no showing tha such
25 delay is due to the bad faith of the complaint, the
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January 15, 2009 (4:02 a.m.)
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1 complaint shal be dem to have exhaustd al
2 adminstrve remdis with respct to the com-
3 plaint, and the complaint may bring a de nov ac-
4 tion at law or equity aginst the employr to sek
5 compensatry damges and other relif avilbe
6 under this section in the aproite distrc court
7 of the United States, whic shal have jurisdcton
8 over such an action withou regad to the amount in
9 contrvesy. Such an action shal, at the requst of
10 eithr party to the action, be tried by the court with
11 a jury.
12 (3) An inspector genral detrminao and an
13 agency head orde denyig relif under pargh
14 (2) shal be admisble in evidnc in any de nov
15 action at law or equity brought pursant to this sub-
16 section.
17 (4) Whenvr a person fails to comply with an
18 orde isued under pargh (1), the head of the
19 agency shal file an action for enforcmt of such
20 orde in the United States distrc court for a dis-
21 tric in whic the repisal was found to have oc-
22 cured. In any action brought under this pargh,
23 the court may grant aproite relif, includg in-
24 junctive relif and compensatry and exmplary
25 damges.
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30
1 (5) Any person adversly afectd or agrievd
2 by an orde isued under pargh (1) may obtain
3 reviw of the orde s confrmae with this sub-
4 section, and any regulations isued to cary out this
5 section, in the United States court of apels for a
6 cirut in whic the repisal is alegd in the orde
7 to have ocured. No petion seking such reviw
8 may be filed more than 60 days after isuance of the
9 orde by the head of the agency. Review shal con-
10 form to chapter 7 of tile 5.
11 (d) C ONSTRUCTION . Nothing in this section may be
12 construed to authorize the discharge of, demotin of, or
13 discrmnato aginst an employ for a discloure other
14 than a discloure protecd by subection (a) or to modify
15 or derogat from a right or remdy otherwis avilbe to
16 the employ.
17 (e) D EFINITIONS .
18 (1) N ON -ED
F ERAL EMPLOYER RECEIVING
19 FUNDS UNDER THIS ACT . The term no-Fedral

20 employr recivng funds made avilbe in this Act
21 means
22 (A) with respct to a Fedral contra
23 awrde or Fedral grant isued to cary out
24 this Act, the contra or grante, as the case
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January 15, 2009 (4:02 a.m.)
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1 may be, if the contra or grante is an em-
2 ployer; or
3 (B) a State or loca governmt, if the
4 State or loca governmt has recivd funds
5 made avilbe in this Act.
6 (2) E XECUTIVE AGENCY . The term excutiv
7 agency has the meanig given tha term in section
8 4 of the Office of Fedral Procuremnt Policy Act
9 (41 U.S.C. 403).
10 (3) S TATE OR LOCAL GOVERNMENT . The term
11 State or loca governmt means
12 (A) the governmt of each of the sevral
13 States, the Distric of Columbia, the Comon-
14 wealth of Puerto Rico, Guam, American Samoa,
15 the Virgin Island, the Northen Marian Is-
16 lands, or any other terioy or posein of
17 the United States; or
18 (B) the governmt of any politca sub-
19 divson of a governmt listed in subpargh
20 (A).
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1 TITLE II—AGRICULTURE, NUTRI-
2 TION, AND RURAL DEVELOP-
3 MENT
4 DEPARTMENT OF AGRICULTURE
5 AGRICULTURE BUILDINGS AND F ACILITIES AND R ENTAL
6 P AYMENTS
7 For an aditonl amount for Agriculte Buildngs

8 and Faciltes and Rental Payments , $44,000,000, for
9 necsary construi, repai, and improvent actives:
10 Provided, That section 1106 of this Act shal not aply
11 to this aproitn.
12 AGRICULTURAL R ESEARCH S ERVICE
13 BUILDINGS AND FACILITIES
14 For an aditonl amount for Buildngs and Facil-

15 ties , $209,000,000, for work on defr maintec at
16 Agriculta Research Service faciltes: Provided, That
17 prioty in the use of such funds shal be given to crital
18 defr maintec, to projects tha can be completd,
19 and to actives tha can comen promtly folwing
20 enactm of this Act.
21 F ARM S ERVICE AGENCY
22 SALARIES AND EXPENSES
23 For an aditonl amount for Salaries and Ex-

24 pens, $245,000,000, for the purose of maintg
25 and modernizg the informat technolgy sytem: Pro-
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January 15, 2009 (4:02 a.m.)
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1 vided, That section 1106 of this Act shal not aply to
2 this aproitn.
3 N ATURAL R ESOURCES CONSERVATION S ERVICE
4 WATERSHED AND FLOOD PREVENTION OPERATIONS
5 For an aditonl amount for Watershd and Flod

6 Prevntio Operations , $350,000,000, of whic
7 $175,000,000 is for necsary expns to purchase and
8 resto flodpain easmnt as authorized by section 403
9 of the Agriculta Credit Act of 1978 (16 U.S.C. 2203)
10 (excpt tha no more than $50,000,000 of the amount pro-
11 vide for the purchase of flodpain easmnt may be ob-
12 ligated for projects in any one State): Provided, That sec-
13 tion 1106 of this Act shal not aply to this aproitn:
14 Provided further, That prioty in the use of such funds
15 shal be given to projects tha can be fuly funde and
16 completd with the funds aproited in this Act, and
17 to actives tha can comen promtly folwing enact-
18 ment of this Act.
19 WATERSHED REHABILITATION PROGRAM
20 For an aditonl amount for Watershd Rehabilt-

21 tion Program , $50,000,000, for necsary expns to
22 cary out rehabilton of strucal measur: Provided,
23 That section 1106 of this Act shal not aply to this ap-
24 proiatn: Provided further, That prioty in the use of
25 such funds shal be given to projects tha can be fuly
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January 15, 2009 (4:02 a.m.)
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1 funde and completd with the funds aproited in this
2 Act, and to actives tha can comen promtly fol-
3 lowing enactm of this Act.
4 R URAL D EVELOPMENT P ROGRAMS
5 RURAL COMMUNITY ADVANCEMENT PROGRAM
6 (INCLUDING TRANSFERS OF FUNDS)
7 For an aditonl amount for gros obligatns for

8 the princal amount of direct and guarnted loans as
9 authorized by section 306 and 310B and describ in sec-
10 tions 381E(d)1), 381E(d)2), and 381E(d)3) of the
11 Consolidate Farm and Rural Developmnt Act, to be
12 avilbe from the rual comunity advncemt pro-
13 gram, as folws: $5,838,000,000, of whic
14 $1,102,000,000 is for rual comunity faciltes direct
15 loans, of whic $2,000,000,000 is for busine and indus-
16 try guarnted loans, and of whic $2,736,000,000 is for
17 rual water and waste dispoal direct loans.
18 For an aditonl amount for the cost of direct loans,
19 loan guarntes, and grants, includg the cost of modi-
20 fying loans, as defin in section 502 of the Congresioal
21 Budget Act of 1974, as folws: $1,800,000,000, of whic
22 $63,000,000 is for rual comunity faciltes direct loans,
23 of whic $137,000,000 is for rual comunity faciltes
24 grants authorized under section 306(a) of the Consoli-
25 date Farm and Rural Developmnt Act, of whic
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January 15, 2009 (4:02 a.m.)
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1 $87,000,000 is for busine and industry guarnted
2 loans, of whic $13,000,000 is for rual busine entr-
3 prise grants authorized under section 310B of the Consoli-
4 date Farm and Rural Developmnt Act, of whic
5 $400,000,000 is for rual water and waste dispoal direct
6 loans, and of whic $1,100,000,000 is for rual water and
7 waste dispoal grants authorized under section 306(a):
8 Provided, That the amounts aproited under this head-
9 ing shal be transfed to, and mergd with, the apro-
10 priaton for Rural Housing Service, Rural Comunity
11 Faciltes Program Account , the aproitn for
12 Rural Busine-Cooperativ Service, Rural Busine Pro-
13 gram Account , and the aproitn for Rural Utiltes
14 Service, Rural Water and Waste Dispoal Program Ac-
15 count : Provided further, That prioty for awrding such
16 funds shal be given to project aplictons tha dem-
17 onstrae tha, if the aplicton is aproved, al project
18 elmnts wil be fuly funde: Provided further, That pri-
19 ority for awrding such funds shal be given to project ap-
20 plicatons for actives tha can be completd if the re-
21 questd funds are provide: Provided further, That prioty
22 for awrding such funds shal be given to actives tha
23 can comen promtly folwing enactm of this Act.
24 In aditon to other avilbe funds, the Secretay of
25 Agriculte may use not more than 3 percnt of the funds
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January 15, 2009 (4:02 a.m.)
36
1 made avilbe under this acount for adminstrve cost
2 to cary out loans, loan guarntes, and grants funde
3 under this acount, whic shal be transfed and mergd
4 with the aproitn for Rural Developmnt, Salaries
5 and Expens and shal remain avilbe until Septembr
6 30, 2012:
Provided, That the authoriy provide in this
7 pargh shal aply to aproitns under this head-
8 ing in lieu of the provisn of section 1106 of this Act.
9 Funds aproited by this Act to the Rural Comu-
10 nity Advancemt Program for rual comunity faciltes,
11 rual busine, and rual water and waste dispoal direct
12 loans, loan guarntes and grants may be transfed
13 among thes progams: Provided, That the Comites on
14 Approiatns of the House of Represntaiv and the
15 Senate shal be notifed at least 15 days in advnce of
16 any transfe.
17 R URAL H OUSING S ERVICE
18 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
20 For an aditonl amount of gros obligatns for the

21 princal amount of direct and guarnted loans as au-
22 thorized by tile V of the Housing Act of 1949, to be avil-
23 able from funds in the rual housing insurace fund, as
24 folws: $22,129,000,000 for loans to section 502 bor-
25 rowes, of whic $4,018,000,000 shal be for direct loans,
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January 15, 2009 (4:02 a.m.)
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1 and of whic $18,111,000,000 shal be for unsbidze
2 guarnted loans.
3 For an aditonl amount for the cost of direct and
4 guarnted loans, includg the cost of modifyng loans,
5 as defin in section 502 of the Congresioal Budget Act
6 of 1974, as folws: section 502 loans, $500,000,000, of
7 whic $270,000,000 shal be for direct loans, and of whic
8 $230,000,000 shal be for unsbidze guarnted loans.
9 In aditon to other avilbe funds, the Secretay of
10 Agriculte may use not more than 3 percnt of the funds
11 made avilbe under this acount for adminstrve cost
12 to cary out loans and loan guarntes funde under this
13 acount, of whic $1,750,000 wil be comited to agency
14 projects asocited with maintg the compliane, safe-
15 ty, and sounde of the portfli of loans guarnted
16 throug the section 502 guarnted loan progam: Pro-
17 vided, Thes funds shal be transfed and mergd with
18 the aproitn for Rural Developmnt, Salaries and
19 Expens : Provided further, That the authoriy provide
20 in this pargh shal aply to aproitns under this
21 heading in lieu of the provisn of section 1106 of this
22 Act.
23 Funds aproited by this Act to the Rural Housing
24 Insurace Fund Program acount for section 502 direct
25 loans and unsbidze guarnted loans may be trans-
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January 15, 2009 (4:02 a.m.)
38
1 ferd betwn thes progams: Provided, That the Com-
2 mites on Approiatns of the House of Represntaiv
3 and the Senate shal be notifed at least 15 days in ad-
4 vance of any transfe.
5 R URAL U TILITIES S ERVICE
6 DISTANCE LEARNING ,TELEMEDICINE ,AND BROADBAND
7 PROGRAM
9 For an aditonl amount for the cost of broadn

10 loans and loan guarntes, as authorized by the Rural
11 Electrifaon 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 guarnted loans shal be as defin in section 502
14 of the Congresioal Budget Act of 1974: Provided fur-
15 ther, That, notwihsadg tile VI of the Rural Elec-
16 trifcaon Act of 1936, this amount is avilbe for grants,
17 loans and loan guarntes for open aces broadn in-
18 frastuce in any are of the United States: Provided
19 further, That at least 75 percnt of the are to be servd
20 by a project recivng funds from such grants, loans or
21 loan guarntes shal be in a rual are withou suficent
22 aces to hig sped broadn servic to facilte rual
23 econmi devlopmnt, as detrmin by the Secretay of
24 Agriculte: Provided further, That prioty for awrding
25 funds made avilbe under this pargh shal be given
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January 15, 2009 (4:02 a.m.)
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1 to projects tha provide servic to the most rual residnt
2 tha do not have aces to broadn servic: Provided fur-
3 ther, That prioty shal be given for project aplictons
4 from borwes or forme borwes under tile I of the
5 Rural Electrifaon Act of 1936 and for project aplic-
6 tions tha include such borwes or forme borwes:
7 Provided further, That notwihsadg section 1103 of
8 this Act, 50 percnt of the grants, loans, and loan guarn-
9 tes made avilbe under this heading shal be awrde
10 not later than Septembr 30, 2009: Provided further, That
11 prioty for awrding such funds shal be given to project
12 aplictons tha demonstra tha, if the aplicton is
13 aproved, al project elmnts wil be fuly funde: Pro-
14 vided further, That prioty for awrding such funds shal
15 be given to project aplictons for actives tha can be
16 completd if the requstd funds are provide: Provided
17 further, That prioty for awrding such funds shal be
18 given to actives tha can comen promtly folwing
19 enactm of this Act: Provided further, That no are of
20 a project funde with amounts made avilbe under this
21 pargh may reciv fundig to provide broadn serv-
22 ice under the Broadbn Deployment Grant Program:
23 Provided further, That the Secretay shal submit a repot
24 on planed spendig and actul obligatns describng the
25 use of thes funds not later than 90 days after the date
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January 15, 2009 (4:02 a.m.)
40
1 of enactm of this Act, and quartely theraf until
2 al funds are obligated, to the Comites on Approia-
3 tions of the House of Represntaiv and the Senate.
4 In aditon to other avilbe funds, the Secretay
5 may use not more than 3 percnt of the funds made avil-
6 able under this acount for adminstrve cost to cary
7 out loans, loan guarntes, and grants funde under this
8 acount, whic shal be transfed and mergd with the
9 aproitn for Rural Developmnt, Salaries and Ex-
10 pens and shal remain avilbe until Septembr 30,
11 2012:
Provided, That the authoriy provide in this par-
12 graph shal aply to aproitns under this heading in
13 lieu of the provisn of section 1106 of this Act.
14 F OOD AND N UTRITION S ERVICE
15 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
16 WOMEN ,INFANTS ,AND CHILDREN (WIC)
17 For an aditonl amount for the special suple-

18 mental nutrio progam as authorized by section 17 of
19 the Child Nutrion Act of 1966 (42 U.S.C. 1786),
20 $100,000,000, for the purose specifd in section
21 17(h)(10)(B)(i for the Secretay of Agriculte to pro-
22 vide asitnce to State agencis to implent new man-
23 agemnt informat sytem or improve existng mange-
24 ment informat sytem for the progam.
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41
1 GENERAL PROVISIONS, THIS TITLE
2 SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER
3 THE SUPPLEMENTAL NUTRITION ASSIST-
4 ANCE PROGRAM.
5 (a) M AXIMUM BENEFIT I NCREASE .

6 (1) I N GENERAL . Begin the first month
7 tha begins not les than 25 days after the date of
8 enactm of this Act, the value of benfits detr-
9 mined under section 8(a) of the Fod and Nutrion
10 Act of 2008 and conslidate block grants for Puer-
11 to Rico and American Samoa detrmin under sec-
12 tion 19(a) of such Act shal be caluted using
13 113.6 percnt of the June 2008 value of the thrify
14 fod plan as specifd under section 3(o) of such
15 Act.
16 (2) T ERMINATION .
17 (A) The authoriy provide by this sub-
18 section shal termina after Septembr 30,
19 2009.
20 (B) Notwihsandg subpargh (A),
21 the Secretay of Agriculte may not reduc the
22 value of the maxiu alotmen below the lev
23 in efct for fiscal year 2009 as a result of
24 pargh (1).
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January 15, 2009 (4:02 a.m.)
42
1 (b) R EQUIREMENTS FOR THE S ECRETARY . In car-
2 rying out this section, the Secretay shal
3 (1) consider the benfit increas describ in
4 subection (a) to be a mas change ;
5 (2) requi a simple proces for States to notify
6 houseld of the increas in benfits;
7 (3) consider section 16(c)(3)(A) of the Fod
8 and Nutrion Act of 2008 (7 U.S.C. 2025(c)(3)(A)
9 to aply to any eros in the implentao of this
10 section, withou regad to the 120-day limt de-
11 scribed in tha section; and
12 (4) have the authoriy to take such measur as
13 necsary to ensur the eficnt adminstro of
14 the benfits provide in this section.
15 (c) A DMINISTRATIVE E XPENSES .
16 (1) I N GENERAL . For the cost of State ad-
17 minstrave expns asocited with carying out
18 this section, the Secretay shal make avilbe
19 $150,000,000 in each of fiscal years 2009 and 2010,
20 to remain avilbe throug Septembr 30, 2012, of
21 whic $4,500,000 is for necsary expns of the
22 Fod and Nutrion Service for manget and
23 oversight of the progam and for monitrg the in-
24 tegriy and evaluting the efcts of the payments
25 made under this section.
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43
1 (2) AVAILABILITY OF FUNDS . Funds describ
2 in pargh (1) shal be made avilbe as grants
3 to State agencis based on each State s share of
4 houseld tha partice in the Suplemnta Nu-
5 trion Assitance Program as repotd to the De-
6 partmen of Agriculte for the 12-month period
7 endig with June, 2008.
8 (d) T REATMENT OF J OBLESS W ORKERS . Begin
9 with the first month tha begins not les than 25 days
10 after the date of enactm of this Act, and for each sub-
11 sequnt month throug Septembr 30, 2010, jobles
12 adults who comply with work registaon and employnt
13 and traing requimnts under section 6, section 20, or
14 section 26 of the Fod and Nutrion Act of 2008 (7
15 U.S.C. 2015, 2029, or 2035) shal not be disqualfe from
16 the Suplemnta Nutrion Assitance Program becaus
17 of the provisn of section 6(o)(2) of such Act (7 U.S.C.
18 2015(o)(2). Begin on October 1, 2010, for the pur-
19 pose of section 6(o), a State agency shal disrega any
20 period during whic an indvual recivd Suplemnta
21 Nutrion Assitance Program benfits prio to October 1,
22 2010.
23 (e) F UNDING . Ther is aproited to the Sec-
24 retay of Agriculte such sum as are necsary to cary
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January 15, 2009 (4:02 a.m.)
44
1 out this section, to remain avilbe until expnd. Sec-
2 tion 1106 of this Act shal not aply to this aproitn.
3 SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK
4 CHILDREN.
5 Section 17(r) of the Richard B. Rusel National

6 Schol Lunch Act (42 U.S.C. 1766 (r) is amend by
7 strikng subection (5).
8 TITLE III—COMMERCE, JUSTICE,
9 AND SCIENCE
10 Subtitle A—Commerce
11 DEPARTMENT OF COMMERCE
12 E CONOMIC D EVELOPMENT ADMINISTRATION
13 E CONOMIC D EVELOPMENT ASSISTANCE P ROGRAMS
14 ( INCLUDING TRANSFER OF FUNDS )

15 For an aditonl amount for Econmi Develop-
16 ment Assitance Programs , $250,000,000: Provided,
17 That the amount set aside from this aproitn purs-
18 ant to section 1106 of this Act shal not excd 2 percnt
19 instead of the percntag specifd in such section: Pro-
20 vided further, That the amount set aside pursant to the
21 previous provis shal be transfed to and mergd with
22 the aproitn for Salaries and Expens for pur-
23 pose of progam adminstro and oversight: Provided
24 further, That up to $50,000,000 may be transfed to
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45
1 fedraly authorized regional econmi devlopmnt com-
2 mison.
3 BUREAU OF THE CENSUS
4 PERIODIC CENSUSES AND PROGRAMS
5 For an aditonl amount for Periodc Censue and

6 Programs , $1,000,000,000:
Provided, That section 1106
7 of this Act shal not aply to funds provide under this
8 heading.
9 N ATIONAL T ELECOMMUNICATIONS AND I NFORMATION
10 ADMINISTRATION

13 pens , $350,000,000, to remain avilbe until Sep-
14 tembr 30, 2011: Provided, That funds shal be avilbe
15 to establih the State Broadbn Data and Developmnt
16 Grant Program, as authorized by Public Law 110385,
17 for the devlopmnt and implentao of staewid in-
18 tiaves to identfy and track the avilbty and adoptin
19 of broadn servic withn each State, and to devlop
20 and maint a natiowde broadn invetory map, as
21 authorized by section 3101 of this Act.
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46
1 WIRELESS AND BROADBAND DEPLOYMENT GRANT
2 PROGRAMS
3 (INCLUDING TRANSFER OF FUNDS)
4 For necsary expns relatd to the Wirels and

5 Broadbn Deployment Grant Programs establihd by
6 section 3102 of this Act, $2,825,000,000, of whic
7 $1,000,000,000 shal be for Wirels Deployment Grants
8 and $1,825,000,000 shal be for Broadbn Deployment
9 Grants: Provided, That the National Telecomuniats
10 and Informati Adminstrao shal submit a repot on
11 planed spendig and actul obligatns describng the use
12 of thes funds not later than 120 days after the date of
13 enactm of this Act, and an update repot not later than
14 60 days folwing the intal repot, to the Comites on
15 Approiatns of the House of Represntaiv and the
16 Senate, the Comite on Energy and Comerc of the
17 House of Represntaiv, and the Comite on Com-
18 merc, Scienc, and Transporti of the Senate: Pro-
19 vided further, That notwihsadg section 1103 of this
20 Act, 50 percnt of the grants made avilbe under this
21 heading shal be awrde not later than Septembr 30,
22 2009:
Provided further, That up to 20 percnt of the funds
23 provide under this heading for Wirels Deployment
24 Grants and Broadbn Deployment Grants may be trans-
25 ferd betwn thes progams: Provided further, That the
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47
1 Comites on Approiatns of the House of Represnt-
2 atives and the Senate shal be notifed at least 15 days
3 in advnce of any transfe.
4 DIGITAL -TO -ANALOG CONVERTER BOX PROGRAM
5 Notwihsandg any other provisn of law, and in

6 aditon to amounts otherwis provide in any other Act,
7 for cost asocited with the Digital-to-Analog Convert
8 Box Program, $650,000,000, to be avilbe until Sep-
9 tembr 30, 2009: Provided, That thes funds shal be
10 avilbe for coupns and relatd actives, includg but
11 not limted to education, consumer suport and outreach,
12 as dem aproite and necsary to ensur a timely
13 conversi of anlog to digtal telvison.
14 N ATIONAL I NSTITUTE OF S TANDARDS AND T ECHNOLOGY
15 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
16 For an aditonl amount for Scientfc and Tech-

17 nical Research and Services , $100,000,000.
18 INDUSTRIAL TECHNOLOGY SERVICES
19 For an aditonl amount for Industrial Technolgy

20 Services , $100,000,000, of whic $70,000,000 shal be
21 avilbe for the necsary expns of the Technolgy In-
22 novati Program and $30,000,000 shal be avilbe for
23 the necsary expns of the Holings Manufactrig Ex-
24 tensio Partneship.
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48
1 CONSTRUCTION OF RESEARCH FACILITIES
2 For an aditonl amount for Construcio of Re-

3 search Faciltes , as authorized by section 13 throug
4 15 of the Act of March 13, 1901 (15 U.S.C. 278c-278e),
5 $300,000,000, for a competiv construi grant pro-
6 gram for resach scien buildngs: Provided further,
7 That for per-reviwd grants made under this heading,
8 the time limtaon provide in section 1103(b) of this Act
9 shal be 120 days.
10 N ATIONAL O CEANIC AND ATMOSPHERIC
11 ADMINISTRATION
12 OPERATIONS ,RESEARCH ,AND FACILITIES
13 For an aditonl amount for Operations, Research,

14 and Faciltes , $400,000,000, for habit restoain and
15 mitgaon actives.
16 PROCUREMENT ,ACQUISITION AND CONSTRUCTION
17 For an aditonl amount for Procuremnt, Acquis-

18 tion and Construcio , $600,000,000, for acelrting
19 sateli devlopmnt and acquiston, acquirng climate
20 senor and climate modeling capity, and establihng
21 climate dat recods: Provided further, That not les than
22 $140,000,000 shal be avilbe for climate dat modeling.
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49
1 GENERAL PROVISIONS, THIS SUBTITLE
2 SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPA-
3 BILITY AND AVAILABILITY.
4 (a) E STABLISHMENT . To provide a comprehnsiv

5 natiowde invetory of existng broadn servic cap-
6 bilty and avilbty, the National Telecomuniats
7 and Informati Adminstrao (NTIA ) shal devlop
8 and maint a broadn invetory map of the United
9 States tha identfs and depicts the georaphic extn
10 to whic broadn servic capbilty is deploy and
11 avilbe from a comerial provide or public provide
12 throug each State.
13 (b) P UBLIC AVAILABILITY AND I NTERACTIVITY .
14 Not later than 2 years after the date of enactm of this
15 Act, the NTIA shal make the broadn invetory map
16 devlop and mainted pursant to this section aces-
17 sible by the public on a World Wide Web site of the NTIA
18 in a form tha is interacv and searchbl.
19 SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT
20 GRANT PROGRAMS.
21 (a) G RANTS AUTHORIZED .

22 (1) I N GENERAL . The National Telecomuni-
23 cations and Informati Adminstrao (NTIA )
24 is authorized to cary out a progam to awrd
25 grants to eligb entis for the no-recuing cost
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January 15, 2009 (4:02 a.m.)
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1 asocited with the deploymnt of broadn infra-
2 struce in rual, subran, and urban ares, in ac-
3 cordane with the requimnts of this section.
4 (2) P ROGRAM WEBSITE . The NTIA shal de-
5 velop and maint a websit to make publicy avil-
6 able informat about the progam describ in
7 pargh (1), includg
8 (A) each priotzan repot submited by
9 a State under subection (b);
10 (B) a list of eligb entis tha have ap-
11 plied for a grant under this section, and the
12 are or ares the entiy prose to serv; and
13 (C) the stau of each such aplicton,
14 whetr aproved, deni, or pendig.
15 (b) S TATE P RIORITIES .
16 (1) P RIORITIES REPORT SUBMISSION . Not
17 later than 75 days after the date of enactm of
18 this section, each State intedg to partice in
19 the progam under this section shal submit to the
20 NTIA a repot indcatg the georaphic ares of
21 the State whic
22 (A) for the purose of detrming the
23 ned for Wirels Deployment Grants under
24 subection (c), the State consider to have the
25 greats prioty for
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January 15, 2009 (4:02 a.m.)
51
1 (i) wirels voice servic in unservd
2 ares; and
3 (i) advnce wirels broadn serv-
4 ice in undersv ares; and
5 (B) for the purose of detrming the
6 ned for Broadbn Deployment Grants under
7 subection (d), the State consider to have the
8 greats prioty for
9 (i) basic broadn servic in
10 unservd ares; and
11 (i) advnce broadn servic in un-
12 dersv ares.
13 (2) L IMITATION . The unservd and under-
14 servd ares identf by a State in the repot re-
15 quired by this subection shal not repsnt, in the
16 agret, more than 20 percnt of the poulatin
17 or of the georaphic are of such State.
18 (c) W IRELESS D EPLOYMENT G RANTS .
19 (1) A UTHORIZED ACTIVITY . The NTIA shal
20 awrd Wirels Deployment Grants in acordne
21 with this subection from money aproited for
22 Wirels Deployment Grants by this subtile to elig-
23 ble entis to deploy necsary infrastuce for the
24 provisn of wirels voice servic or advnce wire-
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January 15, 2009 (4:02 a.m.)
52
1 les broadn servic to end user in designat
2 ares.
3 (2) G RANT DISTRIBUTION . The NTIA shal
4 sek to distrbue grants, to the extn posible, so
5 tha 25 percnt of the grants awrde under this
6 subection shal be awrde to eligb entis for
7 providng wirels voice servic to unservd ares
8 and 75 percnt of grants awrde under this sub-
9 section shal be awrde to eligb entis for pro-
10 vidng advnce wirels broadn servic to under-
11 servd ares.
12 (d) B ROADBAND D EPLOYMENT G RANTS .
13 (1) A UTHORIZED ACTIVITY . The NTIA shal
14 awrd Broadbn Deployment Grants in acordne
15 with this subection from money aproited for
16 Broadbn Deployment Grants by this subtile to el-
17 igble entis to deploy necsary infrastuce for
18 the provisn of basic broadn servic or advnce
19 broadn servic to end user in designat ares.
20 (2) G RANT DISTRIBUTION . The NTIA shal
21 sek to distrbue grants, to the extn posible, so
22 tha 25 percnt of the grants awrde under this
23 subection shal be awrde to eligb entis for
24 providng basic broadn servic to unservd ares
25 and 75 percnt of grants awrde under this sub-
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January 15, 2009 (4:02 a.m.)
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1 section shal be awrde to eligb entis for pro-
2 vidng advnce broadn servic to undersv
3 ares.
4 (e) G RANT R EQUIREMENTS . The NTIA shal
5 (1) adopt rules to protec aginst unjst enrich-
6 ment; and
7 (2) ensur tha grant recipnts
8 (A) met buildot requimnts;
9 (B) maxize use of the suported infra-
10 struce by the public;
11 (C) operat basic and advnce broadn
12 servic networks on an open aces basi;
13 (D) operat advnce wirels broadn
14 servic on a wirels open aces basi; and
15 (E) adher to the princles contaied in
16 the Fedral Comunicatos Comison s
17 broadn policy staemn (FCC 05-151,
18 adopte August 5, 2005).
19 (f) A PPLICATIONS .
20 (1) S UBMISSION . To be consider for a grant
21 awrde under subection (c) or (d), an eligb enti-
22 ty shal submit to the NTIA an aplicton at such
23 time, in such maner, and contaig such informa-
24 tion as the NTIA may requi. Such an aplicton
25 shal include
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January 15, 2009 (4:02 a.m.)
54
1 (A) a cost-study estima for serving the
2 particul georaphic are to be servd by the
3 entiy;
4 (B) an engir plan;
5 (C) a prosed build-out schedul to resi-
6 dential houseld and smal busine in the
7 are;
8 (D) for aplicnts for Wirels Deployment
9 Grants under subection (c), a build-out sched-
10 ule for georaphic coverag of such ares; and
11 (E) any other requimnts the NTIA
12 dems necsary.
13 (2) S ELECTION .
14 (A) N OTIFICATION . The NTIA shal no-
15 tify each eligb entiy tha has submited a
16 complet aplicton whetr the entiy has
17 ben aproved or deni for a grant under this
18 section in timely fashion.
19 (B) G RANT DISTRIBUTION CONSIDER -
20 ATIONS . In awrding grants under this sec-
21 tion, the NTIA shal, to the extn practil
22 (i) awrd not les than one grant in
23 each State;
24 (i) give subtanil weight to whetr
25 an aplicton is from an eligb entiy to
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January 15, 2009 (4:02 a.m.)
55
1 deploy infrastuce in an are tha is an
2 are
3 (I) identf by a State in a re-
4 port submited under subection (b);
5 or
6 (I) in whic the NTIA detr-
7 mines ther wil be a signfcat
8 amount of public safety or emrgncy
9 respon use of the infrastuce;
10 and
11 (i) consider whetr an aplicton
12 from an eligb entiy to deploy infrastuc-
13 ture in an are
14 (I) wil, if aproved, increas the
15 afordbilty of, or subcriehp to,
16 servic to the greats poulatin of
17 undersv user in the are;
18 (I) wil, if aproved, enhac
19 servic for healt care delivry, edu-
20 cation, or children to the greats po-
21 ulation of undersv user in the
22 are;
23 (I) contais conret plans for
24 enhacig computer ownership or
25 computer literacy in the are;
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January 15, 2009 (4:02 a.m.)
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1 (IV) is from a recipnt of more
2 than 20 percnt matching grants from
3 State, loca, or private entis for
4 servic in the are and the extn of
5 such comiten; and
6 (V) wil, if aproved, result in
7 unjst enrichmt becaus the eligb
8 entiy has aplied for, or inteds to
9 aply for, suport for the no-recu-
10 ring cost throug another Fedral
11 progam for servic in the are.
12 (g) C ONSULTATION . The NTIA shal consult with
13 the Fedral Comunicatos Comison and other ap-
14 proiate Fedral agencis in implentg this section.
15 (h) D EFINITIONS . For the purose of this section
16 (1) the term advnce broadn servic
17 means a servic delivrng dat to the end user
18 transmied at a sped of at least 45 megabits per
19 second downstream and at least 15 megabits per
20 second upstream;
21 (2) the term advnce wirels broadn
22 servic means a wirels servic delivrng to the
23 end user dat transmied at a sped of at least 3
24 megabits per second downstream and at least 1
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January 15, 2009 (4:02 a.m.)
57
1 megabit per second upstream over an end-to-end
2 inter protcl wirels network;
3 (3) the term basic broadn servic means
4 a servic delivrng dat to the end user transmied
5 at a sped of at least 5 megabits per second down-
6 stream and at least 1 megabit per second upstream;
7 (4) the term eligb entiy means
8 (A) a provide of wirels voice servic, ad-
9 vanced wirels broadn servic, basic
10 broadn servic, or advnce broadn serv-
11 ice;
12 (B) a State or unit of loca governmt, or
13 agency or instrumealy therof, tha is or in-
14 tends to be a provide of any such servic; and
15 (C) any other entiy, includg constru-
16 tion companies, tower-buildng companies, or
17 other servic provides, tha the NTIA author-
18 izes by rule to partice in the progams
19 under this section, if such other entiy is re-
20 quired to provide aces to the suported infra-
21 struce on a neutral, reasonbl basi to
22 maxize use;
23 (5) the term State includes the Distric of
24 Columbia and the terios and posein;
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January 15, 2009 (4:02 a.m.)
58
1 (6) the term undersv are shal be de-
2 fined by the Fedral Comunicatos Comison
3 not later than 45 days after the date of enactm
4 of this section;
5 (7) the term unservd are shal be defin
6 by the Fedral Comunicatos Comison not
7 later than 45 days after the date of enactm of
8 this section;
9 (8) the term wirels voice servic means the
10 provisn of two-way, real-time, voice comunia-
11 tions using a mobile servic;
12 (9) the term open aces shal be defin by
13 the Fedral Comunicatos Comison not later
14 than 45 days after the date of enactm of this sec-
15 tion; and
16 (10) the term wirels open aces shal be
17 defin by the Fedral Comunicatos Comison
18 not later than 45 days after the date of enactm
19 of this section.
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59
1 Subtitle B—Justice
2 DEPARTMENT OF JUSTICE
3 S TATE AND L OCAL L AW E NFORCEMENT ACTIVITIES
4 O FICE OF J USTICE P ROGRAMS
5 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
6 For an aditonl amount for State and Local Law

7 Enforcemt Assitance , $3,000,000,000, to be avilbe
8 for the Edwar Byrne Memorial Justice Assitance Grant
9 Program as authorized by subpart 1 of part E of tile I
10 of the Omnibus Crime Control and Safe Strets Act of
11 1968, (excpt tha section 1001(c), and the special rules
12 for Puerto Rico under section 505(g), of such Act shal
13 not aply for purose of this Act): Provided, That section
14 1106 of this Act shal not aply to funds provide under
15 this heading.
16 COMMUNITY ORIENTED POLICING SERVICES
17 For an aditonl amount for Comunity Orientd

18 Policng Services , $1,000,000,000, to be avilbe for
19 grants under section 1701 of tile I of the 1968 Act (42
20 U.S.C. 3796dd) for the hirng and rehing of aditonl
21 care law enforcmt oficers under part Q of such tile
22 notwihsadg subection (i) of such section: Provided,
23 That for per-reviwd grants made under this heading,
24 the time limtaon provide in section 1103(b) of this Act
25 shal be 120 days.
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60
1 Subtitle C—Science
2 NATIONAL AERONAUTICS AND SPACE
3 ADMINISTRATION
4 SCIENCE
5 For an aditonl amount for Scienc ,

6 $400,000,000, of whic not les than $250,000,000 shal
7 be soley for acelrting the devlopmnt of the tier 1 set
8 of Earth scien climate resach mison recomnd
9 by the National Academis Decadl Survey.
10 AERONAUTICS
11 For an aditonl amount for Aeronautics ,

12 $150,000,000.
13 CROSS AGENCY SUPPORT PROGRAMS
14 For an aditonl amount for Cros Agency Suport

15 Programs , for necsary expns for restoain and
16 mitgaon of National Aeronautics and Space Adminstra-
17 tion owned infrastuce and faciltes relatd to the con-
18 sequnc of huricanes, flods, and other naturl disa-
19 ters ocuring during 2008 for whic the Presidnt de-
20 clared a major disater under tile IV of the Robert T.
21 Staford Disater Relief and Emergncy Assitance Act of
22 1974, $50,000,000.
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61
1 NATIONAL SCIENCE FOUNDATION
2 RESEARCH AND RELATED ACTIVITIES
3 For an aditonl amount for Research and Related

4 Actives , $2,500,000,000:
Provided, That $300,000,000
5 shal be avilbe soley for the Major Research Instru-
6 mentaio progam and $200,000,000 shal be for activ-
7 ties authorized by tile I of Public Law 100570 for ac-
8 demic resach faciltes modernizat: Provided, That for
9 per-reviwd grants made under this heading, the time
10 limtaon provide in section 1103(b) of this Act shal be
11 120 days.
12 EDUCATION AND HUMAN RESOURCES
13 For an aditonl amount for Education and

14 Human Resource , $100,000,000: Provided, That
15 $60,000,000 shal be for actives authorized by section
16 7030 of Public Law 11069 and $40,000,000 shal be for
17 actives authorized by section 9 of the National Scienc
18 Foundati Authorizan Act of 2002 (42 U.S.C. 1862n).
19 MAJOR RESEARCH EQUIPMENT AND FACILITIES
20 CONSTRUCTION
21 For an aditonl amount for Major Research

22 Equipment and Faciltes Construcio , $400,000,000,
23 whic shal be avilbe only for aproved projects.
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1 TITLE IV—DEFENSE
2 DEPARTMENT OF DEFENSE
3 F ACILITY I NFRASTRUCTURE I NVESTMENTS , D
EFNSE
4 For expns, not otherwis provide for, to improve,

5 repai and moderniz Departmen of Defens faciltes, re-
6 store and moderniz Army barcks, and invest in the en-
7 ergy eficny of Departmen of Defens faciltes,
8 $4,500,000,000, for Faciltes Sustainme, Restorain
9 and Modernizato progams of the Departmen of De-
10 fens (includg minor construi and major mainte-
11 nace and repai), whic shal be avilbe as folws:
12 (1) Operation and Mainteac, Army ,
13 $1,490,804,000.
14 (2) Operation and Mainteac, Navy ,
15 $624,380,000.
16 (3) Operation and Mainteac, Marine
17 Corps , $128,499,000.
18 (4) Operation and Mainteac, Air Force ,
19 $1,236,810,000.
20 (5) Defens Health Program , $454,658,000.
21 (6) Operation and Mainteac, Army Re-
22 serv , $110,899,000.
23 (7) Operation and Mainteac, Navy Re-
24 serv , $62,162,000.
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1 (8) Operation and Mainteac, Marine Corps
2 Reserv , $45,038,000.
3 (9) Operation and Mainteac, Air Force Re-
4 serv , $14,881,000.
5 (10) Operation and Mainteac, Army Na-
6 tional Guard , $302,700,000.
7 (11) Operation and Mainteac, Air National
8 Guard , $29,169,000.
9 E NERGY R ESEARCH AND D EVELOPMENT , D
EFNSE
10 For expns, not otherwis provide for, for re-

11 search, devlopmnt, tes and evalution progams for im-
12 provemnts in enrgy genratio, transmio, regulation,
13 use, and storage, for miltary instalo, miltary vehi-
14 cles, and other miltary equipmnt, $350,000,000, whic
15 shal be avilbe as folws:
16 (1) Research, Developmnt, Test and Evalu-
17 tion, Army , $87,500,000.
19 tion, Navy , $87,500,000.
21 tion, Air Force , $87,500,000.
23 tion, Defens-Wide , $87,500,000
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1 TITLE V—ENERGY AND WATER
2 DEPARTMENT OF THE ARMY
3 CORPS OF E NGINERS C IVIL
4 CONSTRUCTION
5 For an aditonl amount for Construcio ,

6 $2,000,000,000:
Provided, That section 102 of Public
7 Law 109103 (33 U.S.C. 2221) shal not aply to funds
8 provide in this pargh: Provided further, That not-
9 withsandg any other provisn of law, funds provide
10 in this pargh shal not be cost shared with the Inlad
11 Waterways Trust Fund as authorized in Public Law 99
12 662:
Provided further, That funds provide in this par-
13 graph may only be used for progams, projects or actives
14 previously funde: Provided further, That the Corps of En-
15 giners is direct to priotze fundig for actives based
16 on the abilty to acelrt existng contras or fuly fund
17 project elmnts and contras for such elmnts in a time
18 period of 2 years after the date of enactm of this Act
19 givn prefnc to projects and actives tha are labor
20 intesv: Provided further, That funds provide in this
21 pargh shal be used for elmnts of projects, progams
22 or actives tha can be completd using funds provide
23 herin: Provided further, That funds aproited in this
24 pargh may be used by the Secretay of the Army, act-
25 ing throug the Chief of Engiers, to undertak work au-
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1 thorized to be caried out in acordne with one or more
2 of section 14 of the Flod Control Act of 1946 (33 U.S.C.
3 701r), section 205 of the Flod Control Act of 1948 (33
4 U.S.C. 701s), section 206 of the Water Resource Devel-
5 opment Act of 1996 (33 U.S.C. 2330), and section 1135
6 of the Water Resource Developmnt Act of 1986 (33
7 U.S.C. 2309a), notwihsadg the progam cost limta-
8 tions set forth in those section: Provided further, That
9 the limtaon conerig toal project cost in section 902
10 of the Water Resource Developmnt Act of 1986, as
11 amend (33 U.S.C. 2280), shal not aply during fiscal
12 year 2009 to any project tha recivd funds provide in
13 this tile: Provided further, That for projects tha are
14 being completd with funds aproited in this Act tha
15 are otherwis expird or lapsed for obligatn, expird or
16 lapsed funds aproited in this Act may be used to pay
17 the cost of asocited supervion, inspecto, overhad,
18 engir and design on those projects and on sube-
19 quent claims, if any: Provided further, That the Secretay
20 of the Army shal submit a quartely repot to the Com-
22 and the Senate detailng the aloctin, obligatn and ex-
23 penditurs of thes funds, begin not later than 45
24 days after enactm of this Act.
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1 MISSISSIPPI RIVER AND TRIBUTARIES
2 For an aditonl amount for Misip River and

3 Tributares , $250,000,000: Provided, That funds pro-
4 vide in this pargh may only be used for progams,
5 projects, or actives previously funde: Provided further,
6 That the Corps of Engiers is direct to priotze fund-
7 ing for actives based on the abilty to acelrt existng
8 contras or fuly fund project elmnts and contras for
9 such elmnts in a time period of 2 years after the date
10 of enactm of this Act givn prefnc to projects and
11 actives tha are labor intesv: Provided further, That
12 funds provide in this pargh shal be used for el-
13 ments of projects, progams, or actives tha can be com-
14 pletd using funds provide herin: Provided further, That
15 for projects tha are being completd with funds apro-
16 priated in this Act tha are otherwis expird or lapsed
17 for obligatn, expird or lapsed funds aproited in this
18 Act may be used to pay the cost of asocited supervion,
19 inspecto, overhad, engir and design on those
20 projects and on subeqnt claims, if any: Provided fur-
21 ther, That the Secretay of the Army shal submit a quar-
22 terly repot to the Comites on Approiatns of the
23 House of Represntaiv and the Senate detailng the al-
24 locatin, obligatn and expnditurs of thes funds, begin-
25 nig not later than 45 days after enactm of this Act.
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1 OPERATION AND MAINTENANCE
2 For an aditonl amount for Operation and Main-

3 tenac , $2,225,000,000:
Provided, That the Corps of
4 Engiers is direct to priotze fundig for actives
5 based on the abilty to acelrt existng contras or fuly
6 fund project elmnts and contras for such elmnts in
7 a time period of 2 years after the date of enactm of
8 this Act givn prefnc to projects and actives tha
9 are labor intesv: Provided further, That funds provide
10 in this pargh shal be used for elmnts of projects,
11 progams, or actives tha can be completd using funds
12 provide herin: Provided further, That for projects tha
13 are being completd with funds aproited in this Act
14 tha are otherwis expird or lapsed for obligatn, expird
15 or lapsed funds aproited in this Act may be used to
16 pay the cost of asocited supervion, inspecto, over-
17 head, engir and design on those projects and on
18 subeqnt claims, if any: Provided further, That the Sec-
19 retay of the Army shal submit a quartely repot to the
21 atives and the Senate detailng the aloctin, obligatn
22 and expnditurs of thes funds, begin not later than
23 45 days after enactm of this Act.
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1 REGULATORY PROGRAM
2 For an aditonl amount for Regulatory Program ,

3 $25,000,000.
4 DEPARTMENT OF THE INTERIOR
5 BUREAU OF R ECLAMATION
6 WATER AND RELATED RESOURCES
7 For an aditonl amount for Water and Related

8 Resource , $500,000,000:Provided, That of the amount
9 aproited under this heading, not les than
10 $126,000,000 shal be used for water reclamtion and
11 reus projects authorized under tile XVI of Public Law
12 102575:
Provided further, That of the amount apro-
13 priated under this heading, not les than $80,000,000
14 shal be used for rual water projects and thes funds shal
15 be expnd primaly on water intake and treamn fa-
16 ciltes of such projects: Provided further, That the cost
17 of reimbusal actives, other than for maintec and
18 rehabilton, caried out with funds made avilbe under
19 this heading shal be repaid pursant to existng authori-
20 ties and agremnts: Provided further, That the cost of
21 maintec and rehabilton actives caried out with
22 funds provide in this Act shal be repaid pursant to ex-
23 istng authoriy, excpt the length of repaymnt period
24 shal be detrmin on neds-based critea to be estab-
25 lished and adopte by the Comisoner of the Bureau
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1 of Reclamtion, but in no case shal the repaymnt period
2 excd 25 years.
3 DEPARTMENT OF ENERGY
4 ENERGY PROGRAMS
5 E NERGY E FICIENCY AND R ENEWABLE E NERGY
6 For an aditonl amount for Energy Eficeny and

7 Renewabl Energy , $18,500,000,000, whic shal be used
8 as folws:
9 (1) $2,000,000,000 shal be for expns nec-
10 esary for enrgy eficny and renwabl enrgy re-
11 search, devlopmnt, demonstrai and deploymnt
12 actives, to acelrt the devlopmnt of tech-
13 nolgies, to include advnce bateris, of whic not
14 les than $800,000,000 is for biomas and
15 $400,000,000 is for geothrmal technolgis.
16 (2) $500,000,000 shal be for expns nec-
17 esary to implent the progams authorized under
18 part E of tile I of the Energy Policy and Con-
19 servation Act (42 U.S.C. 6341 et seq.).
20 (3) $1,000,000,000 shal be for the cost of
21 grants to instuoal entis for enrgy sutain-
22 abilty and eficny under section 399A of the En-
23 ergy Policy and Conservatio Act (42 U.S.C. 6371h-
24 1).
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1 (4) $6,200,000,000 shal be for the Weatheriz-
2 tion Assitance Program under part A of tile IV of
3 the Energy Conservatio and Productin Act (42
4 U.S.C. 6861 et seq.).
5 (5) $3,500,000,000 shal be for Energy Efi-
6 cieny and Conservatio Block Grants, for imple-
7 mentaio of progams authorized under subtile E
8 of tile V of the Energy Indepc and Security
9 Act of 2007 (42 U.S.C. 17151 et seq.).
10 (6) $3,400,000,000 shal be for the State En-
11 ergy Program authorized under part D of tile I
12 of the Energy Policy and Conservatio Act (42
13 U.S.C. 6321).
15 esary to implent the progams authorized under
16 section 131 of the Energy Indepc and Secu-
17 rity Act of 2007 (42 U.S.C. 17011).
19 esary to implent the progam authorized under
20 section 124 of the Energy Policy Act of 2005 (42
21 U.S.C. 15821) and the Energy Star progam.
23 esary to implent the progam authorized under
24 section 721 of the Energy Policy Act of 2005 (42
25 U.S.C. 16071).
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1 (10) $1,000,000,000 shal be for expns nec-
2 esary for the manufctrig of advnce bateris
3 authorized under section 136(b)(1)(B) of the Energy
4 Indepc and Security Act of 2007 (42 U.S.C.
5 17013(b)(1)(B):
6 Provided, That notwihsadg section 3304 of tile 5,
7 United States Code, and withou regad to the provisn
8 of section 3309 throug 3318 of such tile 5, the Sec-
9 retay of Energy may, upon a detrminao tha ther
10 is a sevr shortage of candites or a crital hirng ned
11 for particul positn, recuit and directly apoint higly
12 qualifed indvuals into the competiv servic: Provided
13 further, That such authoriy shal not aply to positn
14 in the Exceptd Service or the Senior Executiv Service:
15 Provided further, That any action authorized herin shal
16 be consite with the merit princles of section 2301 of
17 such tile 5, and the Departmen shal comply with the
18 public notice requimnts of section 3327 of such tile
19 5.
20 E LECTRICITY D ELIVERY AND E NERGY R ELIABILITY
21 For an aditonl amount for Electriy Delivery
22 and Energy Reliabty, $4,500,000,000: Provided, That
23 funds shal be avilbe for expns necsary for elc-
24 tricy delivry and enrgy reliabty actives to mod-
25 erniz the elctri grid, enhac security and reliabty of
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1 the enrgy infrastuce, enrgy storage resach, devl-
2 opment, demonstrai and deploymnt, and facilte re-
3 covery from disrupton to the enrgy suply, and for im-
4 plemntaio of progams authorized under tile XII of
5 the Energy Indepc and Security Act of 2007 (42
6 U.S.C. 17381 et seq.):Provided further, That of such
7 amounts, $100,000,000 shal be for worke traing: Pro-
8 vided further, That the Secretay of Energy may use or
9 transfe amounts provide under this heading to cary out
10 new authoriy for transmio improvents, if such au-
11 thoriy is enactd in any subeqnt Act, consite with
12 existng fiscal manget practies and procedus.
13 ADVANCED BATTERY L OAN G UARANTEE P ROGRAM
14 For the cost of guarnted loans as authorized by

15 section 135 of the Energy Indepc and Security Act
16 of 2007 (42 U.S.C. 17012), $1,000,000,000, to remain
17 avilbe until expnd: Provided, That of such amount,
18 $10,000,000 shal be used for adminstrve expns in
19 carying out the guarnted loan progam, and shal be
20 in lieu of the amount set aside under section 1106 of this
21 Act: Provided further, That the cost of such loans, includ-
22 ing the cost of modifyng such loans, shal be as defin
23 in section 502 of the Congresioal Budget Act of 1974.
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1 I NSTITUTIONAL L OAN G UARANTEE P ROGRAM
2 For the cost of guarnted loans as authorized by

3 section 399A of the Energy Policy and Conservatio Act
4 (42 U.S.C. 6371h1), $500,000,000:
Provided, That of
5 such amount, $10,000,000 shal be used for adminstr-
6 tive expns in carying out the guarnted loan pro-
7 gram, and shal be in lieu of the amount set aside under
8 section 1106 of this Act: Provided further, That the cost
9 of such loans, includg the cost of modifyng such loans,
10 shal be as defin in section 502 of the Congresioal
11 Budget Act of 1974.
12 I NNOVATIVE T ECHNOLOGY L OAN G UARANTEE P ROGRAM
13 For an aditonl amount for Inovatie Technolgy

14 Loan Guarnte Program for the cost of guarnted
15 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 shal be used for adminstrve expns in
18 carying out the guarnted loan progam, and shal be
19 in lieu of the amount set aside under section 1106 of this
20 Act: Provided further, That the cost of such loans, includ-
21 ing the cost of modifyng such loans, shal be as defin
22 in section 502 of the Congresioal Budget Act of 1974.
23 F OSSIL E NERGY
24 For an aditonl amount for Fosil Energy ,

25 $2,400,000,000 for necsary expns to demonstra
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January 15, 2009 (4:02 a.m.)
74
1 carbon capture and sequtraion technolgis as author-
2 ized under section 702 of the Energy Indepc and
3 Security Act of 2007.
4 S CIENCE
5 For an aditonl amount for Scienc ,

6 $2,000,000,000:
Provided, That of such amounts, not les
7 than $400,000,000 shal be used for the Advanced Re-
8 search Projects Agency Energy authorized under section
9 5012 of the America COMPETES Act (42 U.S.C. 16538):
10 Provided further, That of such amounts, not les than
11 $100,000,000 shal be used for advnce scientf com-
12 puting.
13 ENVIRONMENTAL AND OTHER DEFENSE
14 ACTIVITIES
15 D EFNSE E NVIRONMENTAL CLEANUP
16 For an aditonl amount for Defens Enviro-
17 mental Cleanup, $500,000,000: Provided, That such
18 amounts shal be used for elmnts of projects, progams,
19 or actives tha can be completd using funds provide
20 herin.
22 SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY
23 INDEPENDENCE AND SECURITY ACT OF 2007.
24 (a) Section 543(a) of the Energy Indepc and

25 Security Act of 2007 (42 U.S.C. 17153(a) is amend
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1 (1) by redsignat parghs (2) throug
2 (4) as parghs (3) throug (5), respctivly; and
3 (2) by strikng pargh (1) and insertg the
4 folwing:
5 (1) 34 percnt to eligb units of loca govern-
6 mentalriv 1, in acordne with subection
7 (b);
8 (2) 34 percnt to eligb units of loca govern-
9 mentalriv 2, in acordne with subection
10 (b); .
11 (b) Section 548(a)(1) of the Energy Indepc
12 and Security Act of 2007 (42 U.S.C. 17158(a)(1) is
13 amendig by strikng ; provide and al tha folws
14 throug 541(3)(B) .
15 SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY
16 INDEPENDENCE AND SECURITY ACT OF 2007.
17 Title XII of the Energy Indepc and Security

18 Act of 2007 (15 U.S.C. 17381 and folwing) is amend
19 as folws:
20 (1) By amendig subpargh (A) of section
21 1304(b)(3) to read as folws:
22 (A) I N GENERAL . In carying out the
23 intave, the Secretay shal provide finacl
24 suport to smart grid demonstrai projects
25 includg those in rual ares and ares wher
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1 the majority of genratio and transmio as-
2 set are contrled by a tax-exmpt entiy. .
3 (2) By amendig subpargh (C) of section
4 1304(b)(3) to read as folws:
5 (C) F EDERAL SHARE OF COST OF TECH -
6 NOLOGY INVESTMENTS . The Secretay shal
7 provide to an elctri utily describ in sub-
8 pargh (B) or to other parties finacl as-
9 sitance for use in paying an amount equal to
10 not more than 50 percnt of the cost of quali-
11 fying advnce grid technolgy investm
12 made by the elctri utily or other party to
13 cary out a demonstrai project. .
14 (3) By insertg a new subpargh (E) after
15 1304(b)(3)(D) as folws:
16 (E) A VAILABILITY OF DATA . The Sec-
17 retay shal establih and maint a smart grid
18 informat clearinghous in a timely maner
19 whic wil make dat from smart grid dem-
20 onstrai projects and other source avilbe
21 to the public. As a condit of recivng fina-
22 cial asitnce under this subection, a utily or
23 other particn in a smart grid demonstrai
24 project shal provide such informat as the
25 Secretay may requi to becom avilbe
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77
1 throug the smart grid informat clearing-
2 house in the form and withn the timefras as
3 direct by the Secretay. The Secretay shal
4 asure tha busine proietay informat
5 and indvual customer informat is not in-
6 clude in the informat made avilbe
7 throug the clearinghous. .
8 (4) By amendig pargh (2) of section
9 1304(c) to read as folws:
10 (2) to cary out subection (b), such sum as
11 may be necsary. .
12 (5) By amendig subection (a) of section 1306
13 by strikng reimbusnt of one-fith (20 per-
14 cent) and insertg grants of up to one-half (50
15 percnt) .
16 (6) By strikng the last sentc of subection
17 (b)9) of section 1306.
18 (7) By strikng are eligb for in subection
19 (c)1) of section 1306 and insertg utilze .
20 (8) By amendig subection (e) of section 1306
21 to read as folws:
22 (e) P ROCEDURES AND R ULES . The Secretay
23 shal
24 (1) establih withn 60 days after the enact-
25 ment of the American Recovery and Reinvestm
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1 Act of 2009 procedus by whic aplicnts can ob-
2 tain grants of not more than one-half of their docu-
3 mentd cost;
4 (2) establih procedus to ensur tha ther is
5 no duplicaton or multipe payment for the same in-
6 vestmn or cost, tha the grant goes to the party
7 making the actul expnditurs for qualifyng smart
8 grid investm, and tha the grants made have sig-
9 nifcat efct in encouragi and faciltng the de-
10 velopmnt of a smart grid;
11 (3) maint public recods of grants made,
12 recipnts, and qualifyng smart grid investm
13 whic have recivd grants;
14 (4) establih procedus to provide advnce
15 payment of moneys up to the ful amount of the
16 grant awrd; and
17 (5) have and exrcis the discreton to deny
18 grants for investm tha do not qualify in the
19 reasonbl judgment of the Secretay. .
20 SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER
21 TRANSMISSION LOAN GUARANTEE PRO-
22 GRAMS.
23 (a) A MENDMENT . Title XVII of the Energy Policy

24 Act of 2005 (42 U.S.C. 16511 et seq.) is amend by ad-
25 ing the folwing at the end:
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1 ‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY-
2 MENT OF RENEWABLE ENERGY AND ELEC-
3 TRIC POWER TRANSMISSION PROJECTS.
4 (a) I N G ENERAL . Notwihsandg section 1703,

5 the Secretay may make guarntes under this section
6 only for comerial technolgy projects under subection
7 (b) tha wil comen construi not later than Sep-
8 tembr 30, 2011.
9 (b) C ATEGORIES . Projects from only the folwing
10 categoris shal be eligb for suport under this section:
11 (1) Renewabl enrgy sytem.
12 (2) Electri power transmio sytem.
13 (c) W AGE R ATE R EQUIREMENTS . The Secretay
14 shal requi tha each recipnt of suport under this sec-
15 tion provide reasonbl asurnce tha al labores and
16 mechanis employd in the perfomanc of the project for
17 whic the asitnce is provide, includg those employd
18 by contras or subcontra, wil be paid wages at
19 rates not les than those prevailng on simlar work in the
20 locaity as detrmin by the Secretay of Labor in acord-
21 ance with subchapter IV of chapter 31 of part A of subtile
22 I of tile 40, United States Code (comnly refd to
23 as the Davis-Bacon Act ).
24 (d) S UNSET . The authoriy to entr into guarn-
25 tes under this section shal expir on Septembr 30,
26 2011. .
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1 (b) T ABLE OF CONTENTS AMENDMENT . The table
2 of contes for the Energy Policy Act of 2005 is amend
3 by insertg after the item relating to section 1704 the
4 folwing new item:
Sec. 1705. Temporay progam orf apidr deploymnt of renwabl nergy and
elctri power ransmiot projects. .
5 SEC. 5004. WESTERN AREA POWER ADMINISTRATION BOR-
6 ROWING AUTHORITY.
7 The Hover Power Plant Act of 1984 (Public Law

8 98-381) is amend by ading at the end the folwing:
9 ‘‘TITLE III—BORROWING
10 AUTHORITY
11 ‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR-
12 ROWING AUTHORITY.
13 (a) D EFINITIONS . In this section

14 (1) A DMINISTRATOR . The term Admins-
15 trao means the Adminstrao of the Western
16 Area Power Adminstrao.
17 (2) S ECRETARY . The term Secretay means
18 the Secretay of the Treasury.
19 (b) A UTHORITY .
20 (1) I N GENERAL . Notwihsandg any other
21 provisn of law, subject to parghs (2) throug
22 (5)
23 (A) the Western Area Power Adminstra-
24 tion may borw funds from the Treasury; and
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1 (B) the Secretay shal, withou furthe
2 aproitn and withou fiscal year limtaon,
3 loan to the Western Area Power Adminstra-
4 tion, on such terms as may be fixed by the Ad-
5 minstrao and the Secretay, such sum (not
6 to excd, in the agret (includg defr
7 inters), $3,250,000,000 in outsandig repay-
8 able balnces at any 1 time) as, in the judg-
9 ment of the Adminstrao, are from time to
10 time requid for the purose of
11 (i) construig, finacg, facil-
12 taing, or studying construi of new or
13 upgrade elctri power transmio lines
14 and relatd faciltes with at least 1 ter-
15 minus withn the are servd by the West-
16 ern Area Power Adminstrao; and
17 (i) delivrng or faciltng the de-
18 livery of power genratd by renwabl en-
19 ergy resouc construed or reasonbly
20 expctd to be construed after the date
21 of enactm of this section.
22 (2) I NTEREST . The rate of inters to be
23 charged in coneti with any loan made pursant
24 to this subection shal be fixed by the Secretay,
25 taking into considerat market yields on out-
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1 standig marketbl obligatns of the United States
2 of comparble maturies as of the date of the loan.
3 (3) R EFINANCING . The Western Area Power
4 Adminstrao may refinac loans taken pursant
5 to this section withn the Treasury.
6 (4) P ARTICIPATION . The Adminstrao may
7 permit other entis to partice in projects fi-
8 naced under this section.
9 (5) C ONGRESSIONAL REVIEW OF DISBURSE -
10 MENT . Efectiv upon the date of enactm of this
11 section, the Adminstrao shal have the authoriy
12 to have utilzed $1,750,000,000 at any one time. If
13 the Adminstrao sek to borw funds above
14 $1,750,000,000, the funds wil be disbure unles
15 ther is enactd, withn 90 calendr days of the first
16 such requst, a joint resolutin tha rescind the re-
17 mainder of the balnce of the borwing authoriy
18 provide in this section.
19 (c) T RANSMISSION L INE AND R ELATED F ACILITY
20 P ROJECTS .
21 (1) I N GENERAL . For repaymnt purose,
22 each transmio line and relatd facilty project in
23 whic the Western Area Power Adminstrao par-
24 ticpaes pursant to this section shal be tread as
25 separt and distnc from
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1 (A) each other such project; and
2 (B) al other Western Area Power Admin-
3 istraon power and transmio faciltes.
4 (2) P ROCEEDS . The Western Area Power
5 Adminstrao shal aply the proceds from the use
6 of the transmio capity from an indvual
7 project under this section to the repaymnt of the
8 princal and inters of the loan from the Treasury
9 atribule to tha project, after resving such
10 funds as the Western Area Power Adminstrao
11 detrmins are necsary
12 (A) to pay for any ancilry servic tha
13 are provide; and
14 (B) to met the cost of operating and
15 maintg the new project from whic the
16 revnus are deriv.
17 (3) S OURCE OF REVENUE . Revenu from the
18 use of projects under this section shal be the only
19 source of revnu for
20 (A) repaymnt of the asocited loan for
21 the project; and
22 (B) payment of expns for ancilry
23 servic and operatin and maintec.
24 (4) L IMITATION ON AUTHORITY . Nothing in
25 this section confers on the Adminstrao any obliga-
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1 tion to provide ancilry servic to user of trans-
2 mison faciltes devlop under this section.
3 (d) C ERTIFICATION .
4 (1) I N GENERAL . For each project in whic
5 the Western Area Power Adminstrao partices
6 pursant to this section, the Adminstrao shal cer-
7 tify, prio to comitng funds for any such project,
8 tha
9 (A) the project is in the public inters;
10 (B) the project wil not adversly impact
11 sytem reliabty or operatins, or other stau-
12 tory obligatns; and
13 (C) it is reasonbl to expct tha the
14 proceds from the project shal be adequt to
15 make repaymnt of the loan.
16 (2) F ORGIVENESS OF BALANCES .
17 (A) I N GENERAL . If, at the end of the
18 usefl life of a project, ther is a remaing bal-
19 ance owed to the Treasury under this section,
20 the balnce shal be forgiven.
21 (B) U NCONSTRUCTED PROJECTS . Funds
22 expnd to study projects tha are consider
23 pursant to this section but tha are not con-
24 struced shal be forgiven.
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1 (C) N OTIFICATION . The Adminstrao
2 shal notify the Secretay of such amounts as
3 are to be forgiven under this pargh.
4 (e) P UBLIC P ROCESSES .
5 (1) P OLICIES AND PRACTICES . Prior to re-
6 questing any loans under this section, the Admins-
7 trao shal use a public proces to devlop practies
8 and polices tha implent the authoriy granted by
9 this section.
10 (2) R EQUESTS FOR INTERESTS . In the
11 course of selcting potenial projects to be funde
12 under this section, the Adminstrao shal sek re-
13 quest for inters from entis intersd in ident-
14 fying potenial projects throug one or more notices
15 published in the Fedral Register. .
16 SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS.
17 (a) I NCOME L EVEL . Section 412(7) of the Energy

18 Conservatio and Productin Act (42 U.S.C. 6862(7) is
19 amend by strikng 150 percnt both places it apers
20 and insertg 200 percnt .
21 (b) A SSISTANCE L EVEL P ER D WELLING U NIT .
22 Section 415(c)(1) of the Energy Conservatio and Produc-
23 tion Act (42 U.S.C. 6865(c)(1) is amend by strikng
24 $2,500 and insertg $5,000 .
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1 SEC. 5006. BONNEVILLE POWER ADMINISTRATION.
2 For the purose of providng funds to asit in fi-

3 nacig the construi, acquiston, and replacmnt of
4 the transmio sytem of the Bonevil Power Admins-
5 traion and to implent the authoriy of the Admins-
6 trao under the Pacif Northwes Electri Power Plan-
7 nig and Conservatio Act (16 U.S.C. 839 et seq.), an
8 aditonl $3,250,000,000 in borwing authoriy is made
9 avilbe under the Fedral Columbia River Transmio
10 System Act (16 U.S.C. 838 et seq.), to remain outsandig
11 at any time.
12 SEC. 5007. RENEWABLE ELECTRICITY TRANSMISSION
13 STUDY.
14 In completing the 2009 National Electri Trans-

15 mison Congestio Study, the Secretay of Energy shal
16 include
17 (1) an anlysi of the signfcat potenial
18 source of renwabl enrgy tha are constraied in
19 acesing aproite market ares by lack of ade-
20 quate transmio capity;
21 (2) an anlysi of the reason for failure to de-
22 velop the adequt transmio capity; and
23 (3) recomndatis for achievng adequt
24 transmio capity.
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1 SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY.
2 Not to excd 20 percnt of the amounts made avil-

3 able in this Act to the Departmen of Energy for Energy
4 Eficeny and Renewabl Energy , Electriy Delivery
5 and Energy Reliabty , and Advanced Batery Loan
6 Guarnte Program may be transfed withn and be-
7 twen such acounts, excpt tha no amount specifd
8 under any such heading may be increasd or decras
9 by more than a toal of 20 percnt by such transfe, and
10 notifca of such transfe shal be submited promtly
11 to the Comites on Approiatns of the House of Rep-
12 resntaiv and the Senate.
13 TITLE VI—FINANCIAL SERVICES
14 AND GENERAL GOVERNMENT
15 Subtitle A—General Services
16 G ENERAL S ERVICES ADMINISTRATION
17 FEDERAL BUILDINGS FUND
18 LIMITATIONS ON AVAILABILITY OF REVENUE
20 For an aditonl amount to be deposit in the Fed-

21 eral Buildngs Fund, $7,700,000,000 for real proety ac-
22 tives with prioty given to actives tha can comen
23 promtly folwing enactm of this Act; of whic up to
24 $1,000,000,000 shal be used for construi, repai, and
25 alterion of borde faciltes and land ports of entry; of
26 whic not les than $6,000,000,000 shal be used for con-
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1 strucion, repai, and alterion of Fedral buildngs for
2 projects tha wil creat the greats impact on enrgy efi-
3 cieny and conservati; of whic $108,000,000 shal re-
4 main avilbe until Septembr 30, 2012, and shal be
5 used for rental of space cost asocited with the constru-
6 tion, repai, and alterion of thes projects; Provided,
7 That of the amounts provide, $160,000,000 shal remain
8 avilbe until Septembr 30, 2012, and shal be for build-
9 ing operatins in suport of the actives describ in this
10 pargh: Provided further, That the precding provis
11 shal aply to this aproitn in lieu of the provisn
12 of section 1106 of this Act: Provided further, That the Ad-
13 minstrao of Genral Services is authorized to intae
14 design, construi, repai, alterion, leasing, and other
15 projects throug existng authories of the Adminstrao:
16 Provided further, That the Adminstrao shal submit a
17 detail plan, by project, regadin the use of funds to
18 the Comites on Approiatns of the House of Rep-
19 resntaiv and the Senate withn 30 days after enact-
20 ment of this Act, and shal provide notifca to the
21 Comites withn 15 days prio to any changes regadin
22 the use of thes funds: Provided further, That the Admin-
23 istrao shal repot to the Comites on the obligatn
24 of thes funds on a quartely basi begin on June 30,
25 2009:
Provided further, That of the amounts provide,
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1 $4,000,000 shal be transfed to and mergd with Gov-
2 ernmt-Wide Policy , for the Office of Fedral High-Per-
3 formance Gren Buildngs as authorized in the Energy
4 Indepc and Security Act of 2007 (Public Law 110
5 140).
6 ENERGY EFICIENT FEDERAL MOTOR VEHICLE FLET
7 PROCUREMENT
8 For capitl expnditurs and necsary expns of

9 the Genral Services Adminstrao s Motor Vehicle Ac-
10 quiston and Motor Vehicle Leasing progams for the ac-
11 quiston of motr vehicls, includg plug-in and alter-
12 native fuel vehicls, $600,000,000: Provided, That the
13 amount set aside from this aproitn pursant to sec-
14 tion 1106 of this Act shal be 1 percnt instead of the
15 percntag specifd in such section: Provided further,
16 That noe of thes funds may be obligated until the Ad-
17 minstrao of Genral Services submit to the Comites
18 on Approiatns of the House of Represntaiv and the
19 Senate, withn 90 days after enactm of this Act, a plan
20 for expnditur of the funds tha details the curent inve-
21 tory of the Fedral flet owned by the Genral Services
22 Adminstrao, as wel as other Fedral agencis, and the
23 straegy to expnd thes funds to replac a portin of the
24 Fedral flet with the goal of subtanily increasg en-
25 ergy eficny over the curent stau, includg increas-
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1 ing fuel eficny and reducing emison: Provided fur-
2 ther, That the Adminstrao shal repot to the Comit-
3 tes on the obligatn of thes funds on a quartely basi
4 begin on June 30, 2009.
5 Subtitle B—Small Business
6 S MALL BUSINESS ADMINISTRATION
7 BUSINESS LOANS PROGRAM ACCOUNT
9 For the cost of direct loans and loan guarntes au-

10 thorized by section 6202 throug 6205 of this Act,
11 $426,000,000:
Provided, That such cost, includg the
12 cost of modifyng such loans, shal be as defin in section
13 502 of the Congresioal Budget Act of 1974. In aditon,
14 for adminstrve expns to cary out the direct loan
15 and loan guarnte progams authorized by this Act,
16 $4,000,000, whic may be transfed to and mergd with
17 the aproitns for Salaries and Expens: Provided,
18 That this sentc shal aply to this aproitn in lieu
19 of the provisn of section 1106 of this Act.
21 SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR
22 SMALL BUSINESSES.
23 (a) P URPOSE . The purose of this section is to per-

24 mit the Smal Busine Adminstrao to guarnte up
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1 to 95 percnt of qualifyng smal busine loans made by
2 eligb lendrs.
3 (b) D EFINITIONS . For purose of this section:
4 (1) The term Adminstrao means the Ad-
5 minstrao of the Smal Busine Adminstrao.
6 (2) The term qualifyng smal busine loan
7 means any loan to a smal busine coner tha
8 would be eligb for a loan guarnte under section
9 7(a) of the Smal Busine Act (15 U.S.C. 636) or
10 tile V of the Smal Busine Investm Act of
11 1958 (15 U.S.C. 695 and folwing).
12 (3) The term smal busine coner has the
13 same meanig as provide by section 3 of the Smal
14 Busine Act (15 U.S.C. 632).
15 (c) A PPLICATION . In orde to partice in the loan
16 guarnte progam under this section a lendr shal sub-
17 mit an aplicton to the Adminstrao for the guarnte
18 of up to 95 percnt of the princal amount of a qualifyng
19 smal busine loan. The Adminstrao shal aprove or
20 deny each such aplicton withn 5 busine days after
21 recipt therof. The Adminstrao may not delgat to
22 lendrs the authoriy to aprove or disaprove such apli-
23 cations.
24 (d) F ES . The Adminstrao may charge fes for
25 guarntes isued under this section. Such fes shal not
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1 excd the fes permitd for loan guarntes under sec-
2 tion 7(a) of the Smal Busine Act (15 U.S.C. 631 and
3 folwing).
4 (e) I NTEREST R ATES . The Adminstrao may not
5 guarnte under this section any loan tha bears inters
6 at a rate higer than 3 percnt above the higer of eithr
7 of the folwing as quoted in the Wal Stret Journal on
8 the first busine day of the wek in whic such guarnte
9 is isued:
10 (1) The Londo interbak oferd rate
11 (LIBOR) for a 3-month period.
12 (2) The Prime Rate.
13 (f) Q UALIFIED BORROWERS .
14 (1) A LIENS UNLAWFULLY PRESENT IN THE
15 UNITED STATES . A loan guarnte may not be

16 made under this section for a loan made to a con-
17 cern if an indvual who is an alien unlawfy
18 presnt in the United States
19 (A) has an ownership inters in tha con-
20 cern; or
21 (B) has an ownership inters in another
22 coner tha itself has an ownership inters in
23 tha coner.
24 (2) F IRMS IN VIOLATION OF IMMIGRATION
25 LAWS . No loan guarnte may be made under this
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1 section for a loan to any entiy found, based on a
2 detrminao by the Secretay of Homeland Secu-
3 rity or the Attorney Genral to have engad in a
4 patern or practie of hirng, recuitng or refing
5 for a fe, for employnt in the United States an
6 alien knowig the person is an unathorized alien.
7 (g) C RIMINAL BACKGROUND CHECKS . Prior to the
8 aprovl of any loan guarnte under this section, the Ad-
9 minstrao may verify the aplicnt s crimnal back-
10 ground, or lack therof, throug the best avilbe means,
11 includg, if posible, use of the National Crime Informa-
12 tion Center computer sytem at the Fedral Bureau of In-
13 vestigaon.
14 (h) A PPLICATION OF O THER L AW. Nothing in this
15 section shal be construed to exmpt any activy of the
16 Adminstrao under this section from the Fedral Credit
17 Reform Act of 1990 (tile V of the Congresioal Budget
18 and Impoundet Control Act of 1974; 2 U.S.C. 661 and
19 folwing).
20 (i) S UNSET . Loan guarntes may not be isued
21 under this section after the date 90 days after the date
22 of establihmn (as detrmin by the Adminstrao) of
23 the econmi recovy progam under section 6204.
24 (j) S MALL BUSINESS ACT P ROVISIONS . The provi-
25 sion of the Smal Busine Act aplicbe to loan guarn-
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1 tes under section 7 of tha Act shal aply to loan guarn-
2 tes under this section excpt as otherwis provide in this
3 section.
4 (k) A UTHORIZATION . Ther are authorized to be ap-
5 proiated such sum as may be necsary to cary out
6 this section.
7 SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET
8 LENDING AUTHORITY.
9 (a) P URPOSE . The purose of this section is to pro-

10 vide the Smal Busine Adminstrao with the authoriy
11 to establih a Secondary Market Lendig Authoriy withn
12 the SBA to make loans to the sytemical importan SBA
13 secondary market broke-dealrs who operat the SBA
14 secondary market.
17 minstrao of the SBA.
18 (2) The term SBA means the Smal Busine
19 Adminstrao.
20 (3) The terms Secondary Market Lendig Au-
21 thoriy and Authoriy mean the ofice establihd
22 under subection (c).
23 (4) The term SBA secondary market means
24 the market for the purchase and sale of loans orig-
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1 nated, underwit, and closed under the Smal
2 Busine Act.
3 (5) The term Systemicaly Importan Sec-
4 ondary Market Broker-Dealers mean those entis
5 designat under subection (c)1) as vital to the
6 contiued operatin of the SBA secondary market
7 by reason of their purchase and sale of the govern-
8 ment guarnted portin of loans, or pols of loans,
9 orignated, underwit, and closed under the Smal
10 Busine Act.
11 (c) R ESPONSIBILITIES , UA
THORITIES , OGANIZA
R -
12 TION ,AND L IMITATIONS .
13 (1) D ESIGNATION OF SYSTEMICALLY IMPOR -
14 TANT SBA SECONDARY MARKET BROKER -DEAL -
15 ERS . The Adminstrao shal establih a proces to
16 designat, in consultai with the Board of Gov-
17 ernos of the Fedral Reserv and the Secretay of
18 the Treasury, Systemicaly Importan Secondary
19 Market Broker-Dealers.
20 (2) E STABLISHMENT OF SBA SECONDARY MAR -
21 KET LENDING AUTHORITY .
22 (A) O RGANIZATION .
23 (i) The Adminstrao shal establih
24 withn the SBA an ofice to provide loans
25 to Systemicaly Importan Secondary Mar-
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1 ket Broker-dealrs to be used for the pur-
2 pose of finacg the invetory of the gov-
3 ernmt guarnted portin of loans, orig-
4 nated, underwit, and closed under the
5 Smal Busine Act or pols of such loans.
6 (i) The Adminstrao shal apoint a
7 Directo of the Authoriy who shal repot
8 to the Adminstrao.
9 (i) The Adminstrao is authorized
10 to hire such personl as are necsary to
11 operat the Authoriy.
12 (iv) The Adminstrao may contra
13 such Authoriy operatins as he detrmins
14 necsary to qualifed third-party compa-
15 nies or indvuals.
16 (v) The Adminstrao is authorized to
17 contra with private sector fiducary and
18 custodial agents as necsary to operat
19 the Authoriy.
20 (B) L OANS .
21 (i) The Adminstrao shal establih
22 by rule a proces under whic Systemicaly
23 Importan SBA Secondary Market Broker-
24 Dealers designat under pargh (1)
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1 may aply to the Adminstrao for loans
2 under this section.
3 (i) The rule under clause (i) shal
4 provide a proces for the Adminstrao to
5 consider and make decison regadin
6 whetr or not to extnd a loan aplied for
7 under this section. Such rule shal include
8 provisn to asure each of the folwing:
9 (I) That loans made under this
10 section are for the sole purose of fi-
11 nacig the invetory of the govern-
12 ment guarnted portin of loans,
13 orignated, underwit, and closed
14 under the Smal Busine Act or pols
15 of such loans.
16 (I) That loans made under this
17 section are fuly colaterizd to the
18 satifcon of the Adminstrao.
19 (I) That ther is no limt to the
20 frequncy in whic a borwe may
21 borw under this section unles the
22 Adminstrao detrmins tha doing
23 so would creat an unde risk of los
24 to the agency or the United States.
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1 (IV) That ther is no limt on the
2 size of a loan, subject to the discreton
3 of the Adminstrao.
4 (i) Inters on loans under this sec-
5 tion shal not excd the Fedral Funds
6 targe rate as establihd by the Fedral
7 Reserv Board of Governs plus 25 basi
8 points.
9 (iv) The rule under this section shal
10 provide for such loan documents, lega cov-
11 enats, colater requimnts and other
12 requid documentai as necsary to
13 protec the inters of the agency, the
14 United States, and the taxpyer.
15 (v) The Adminstrao shal establih
16 custodial acounts to safegurd any colat-
17 eral pledg to the SBA in coneti with
18 a loan under this section.
19 (vi) The Adminstrao shal establih
20 a proces to disbure and reciv funds to
21 and from borwes under this section.
22 (C) L IMITATIONS ON USE OF LOAN PRO -
23 CEEDS BY SYSTEMICALLY IMPORTANT SEC -
24 ONDARY MARKET BROKER -DEALERS . The Ad-
25 minstrao shal ensur tha borwes under
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1 this section are using funds provide under this
2 section only for the purose specifd in sub-
3 pargh (B)(iI. If the Adminstrao finds
4 tha such funds wer used for any other pur-
5 pose, the Adminstrao shal
6 (i) requi imedat repaymnt of
7 outsandig loans;
8 (i) prohibt the borwe, its afil-
9 ates, or any futre corpate manifesto
10 of the borwe from using the Authoriy;
11 and
12 (i) take any other actions the Ad-
13 minstrao, in consultai with the Attor-
14 ney Genral of the United States, dems
15 aproite.
16 (d) R EPORT TO CONGRESS . The Adminstrao shal
17 submit a repot to Congres not later than the third busi-
18 nes day of each month contaig a staemn of each
19 of the folwing:
20 (1) The agret loan amounts extnd dur-
21 ing the precding month under this section.
22 (2) The agret loan amounts repaid under
23 this section during the proceding month.
24 (3) The agret loan amount outsandig
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1 (4) The agret value of aset held as colat-
2 eral under this section;
3 (5) The amount of any defaults or delinqucs
4 on loans made under this section.
5 (6) The identy of any borwe found by the
6 Adminstrao to misue funds made avilbe under
7 this section.
8 (7) Any other informat the Adminstrao
9 dems necsary to fuly inform Congres of unde
10 risk of finacl los to the United States in cone-
11 tion with loans made under this section.
12 (e) D URATION . The authoriy of this section shal
13 remain in efct for a period of 2 years after the date of
14 enactm of this section.
15 (f) F UNDING . Such sum as necsary are author-
16 ized to be aproited to cary out the provisn of this
17 section.
18 (g) B UDGET T REATMENT . Nothing in this section
19 shal be construed to exmpt any activy of the Admins-
20 trao under this section from the Fedral Credit Reform
21 Act of 1990 (tile V of the Congresioal Budget and Im-
22 poundmet Control Act of 1974; 2 U.S.C. 661 and fol-
23 lowing).
24 (h) E MERGENCY R ULEMAKING AUTHORITY . The
25 Adminstrao shal promulgate regulations under this sec-
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1 tion withn 15 days after the date of enactm of enact-
2 ment of this section. In promulgatin thes regulations,
3 the Adminstrao the notice requimnts of section
4 553(b) of tile 5 of the United States Code shal not aply.
5 SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET
6 GUARANTEE AUTHORITY.
7 (a) P URPOSE . The purose of this section is to pro-

8 vide the Adminstrao with the authoriy to establih the
9 SBA Secondary Market Guarnte Authoriy withn the
10 SBA to provide a Fedral guarnte for pols of first lien
11 504 loans tha are to be sold to third-party investor.
15 (2) The term first lien positn 504 loan
16 means the first mortgae positn, no-fedraly
17 guarnted loans made by private sector lendrs
18 made under tile V of the Smal Busine Invest-
19 ment Act.
20 (c) E STABLISHMENT OF AUTHORITY .
21 (1) O RGANIZATION .
22 (A) The Adminstrao shal establih a
23 Secondary Market Guarnte Authoriy withn
24 the Smal Busine Adminstrao.
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1 (B) The Adminstrao shal apoint a Di-
2 recto of the Authoriy who shal repot to the
3 Adminstrao.
4 (C) The Adminstrao is authorized to
5 hire such personl as are necsary to operat
6 the Authoriy and may contra such operatins
7 of the Authoriy as necsary to qualifed third-
8 party companies or indvuals.
9 (D) The Adminstrao is authorized to
10 contra with private sector fiducary and custo-
11 dial agents as necsary to operat the Author-
12 ity.
13 (2) G UARANTEE PROCESS .
14 (A) The Adminstrao shal establih, by
15 rule, a proces in whic private sector entis
16 may aply to the Adminstrao for a Fedral
17 guarnte on pols of first lien positn 504
18 loans tha are to be sold to third-party inves-
19 tors.
20 (B) The Adminstrao shal apoint a Di-
21 recto of the Authoriy who shal repot to the
22 Adminstrao.
23 (C) The Adminstrao is authorized to
24 hire such personl as are necsary to operat
25 the Authoriy and may contra such operatins
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1 of the Authoriy as necsary to qualifed third-
2 party companies or indvuals.
3 (D) The Adminstrao is authorized to
4 contra with private sector fiducary and custo-
5 dial agents as necsary to operat the Author-
6 ity.
7 (3) R ESPONSIBILITIES .
8 (A) The Adminstrao shal establih, by
9 rule, a proces in whic private sector entis
10 may aply to the SBA for a Fedral guarnte
11 on pols of first lien positn 504 loans tha are
12 to be sold to third-party investor.
13 (B) The rule under this section shal pro-
14 vide for a proces for the Adminstrao to con-
15 sider and make decison regadin whetr to
16 extnd a Fedral guarnte refd to in
17 clause (i). Such rule shal also provide tha:
18 (i) The selr of the pols purchasing
19 a guarnte under this section retains not
20 les than 5 percnt of the dolar amount of
21 the pols to be sold to third-party inves-
22 tors.
23 (i) The selr of such pols shal ab-
24 sorb any and al lose resulting from a
25 shortage or excs of monthly cash flows.
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1 (i) The Adminstrao shal reciv a
2 monthly fe of not more than 50 basi
3 points on the outsandig balnce of the
4 dolar amount of the pols tha are guar-
5 anted.
6 (iv) The Adminstrao may guarnte
7 not more than $3,000,000,0000 of pols
8 under this authoriy.
9 (C) The Adminstrao shal establih doc-
10 uments, lega covenats, and other requid
11 documentai to protec the inters of the
12 United States.
13 (D) The Adminstrao shal establih a
14 proces to reciv and disbure funds to entis
15 under the authoriy establihd in this section.
16 (d) L IMITATIONS .
17 (1) The Adminstrao shal ensur tha entis
18 purchasing a guarnte under this section are using
19 such guarnte for the purose of seling 504 first
20 lien positn pols to third-party investor.
21 (2) If the Adminstrao finds tha any such
22 guarnte was used for a purose other than tha
23 specifd in pargh (1), the Adminstrao shal
24 (A) termina such guarnte imedatly,
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1 (B) prohibt the purchase of the guar-
2 ante or its afiltes (withn the meanig of the
3 regulations under 13 CFR 121.103) from using
4 the authoriy of this section in the futre; and
5 (C) take any other actions the Admins-
6 trao, in consultai with the Attorney Gen-
7 eral of the United States dems aproite.
8 (e) O VERSIGHT . The Adminstrao shal submit a
9 repot to Congres not later than the third busine day
10 of each month seting forth each of the folwing:
11 (1) The agret amount of guarntes ex-
12 tend under this section during the proceding
13 month.
14 (2) The agret amount of guarntes out-
15 standig.
16 (3) Defaults and payments on defaults made
18 (4) The identy of each purchase of a guar-
19 ante found by the Adminstrao to have misued
20 guarntes under this section.
21 (5) Any other informat the Adminstrao
22 dems necsary to fuly inform Congres of unde
23 risk to the United States asocited with the
24 isuance of guarntes under this section.
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1 (f) D URATION OF P ROGRAM . The authoriy of this
2 section shal termina on the date 2 years after the date
3 of enactm of this section.
4 (g) F UNDING . Such sum as necsary are author-
5 ized to be aproited to cary out the provisn of this
6 section.
7 (h) B UDGET T REATMENT . Nothing in this section
8 shal be construed to exmpt any activy of the Admins-
9 trao under this section from the Fedral Credit Reform
10 Act of 1990 (tile V of the Congresioal Budget and Im-
11 poundmet Control Act of 1974; 2 U.S.C. 661 and fol-
12 lowing).
13 (i) E MERGENCY R ULEMAKING AUTHORITY . The
14 Adminstrao shal isue regulations under this section
15 withn 15 days after the date of enactm of this section.
16 The notice requimnts of section 553(b) of Title 5,
17 United States Code shal not aply to the promulgatin
18 of such regulations.
19 SEC. 6204. ECONOMIC RECOVERY PROGRAM.
20 (a) P URPOSE . The purose of this section is to es-

21 tablish a new lendig and refinacg authoriy withn the
22 Smal Busine Adminstrao.
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1 (2) The term smal busine coner has the
2 same meanig as provide by section 3 of the Smal
4 (c) R EFINANCING AUTHORITY .
5 (1) I N GENERAL . Upon aplicton from a
6 lendr (and with conset of the borwe), the Ad-
7 minstrao may refinac existng no-Smal Busi-
8 nes Adminstrao or Smal Busine Adminstra-
9 tion loans (includg loans under section 7(a) and
10 504 of the Smal Busine Act) made to smal busi-
11 nes coners.
12 (2) E LIGIBLE LOANS . In orde to be eligb
13 for refinacg under this section
14 (A) the amount of the loan refinacd may
15 not excd $10,000,000 and a first lien must be
16 conveyd to the Adminstrao;
17 (B) the lendr shal ofer to acept from
18 the Adminstrao as ful repaymnt of the loan
19 an amount equal to les than 100 percnt but
20 more than 85 percnt of the remaing balnce
21 of the princal of the loan; and
22 (C) the loan to be refinacd was made be-
23 fore the date of enactm of this Act and for
24 a purose tha would have ben eligb for a
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1 loan under any Smal Busine Adminstrao
2 lendig progam.
3 (3) T ERMS . The term of the refinacg by
4 the Adminstrao under this section shal not be
5 les than remaing term on the loan tha is refi-
6 naced but shal not excd a term of 20 years. The
7 rate of inters on the loan refinacd under this
8 section shal be fixed by the Adminstrao at a lev
9 tha the Adminstrao detrmins wil result in
10 mangebl monthly payments for the borwe.
11 (4) L IMIT . The Adminstrao may not refi-
12 nace amounts under this section tha are great
13 than the amount the lendr agres to acept from
14 the Adminstrao as ful repaymnt of the loan as
15 provide in pargh (2)(B).
16 (d) U NDERWRITING AND O THER L OAN S ERVICES .
17 (1) I N GENERAL . The Adminstrao is au-
18 thorized to enga in underwitg, loan closing,
19 fundig, and servicng of loans made to smal busi-
20 nes coners and to guarnte loans made by other
21 entis to smal busine coners.
22 (2) APPLICATION PROCESS . The Admins-
23 trao shal by rule establih a proces in whic
24 smal busine coners may submit aplictons to
25 the Adminstrao for the purose of securing a
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1 loan under this subection. The Adminstrao shal,
2 at a minu, colet al informat necsary to
3 detrmin the creditwohns and repaymnt abil-
4 ity of the borwe.
5 (3) P ARTICIPATION OF LENDERS .
6 (A) The Adminstrao shal by rule estab-
7 lish a proces in whic the Adminstrao makes
8 avilbe loan aplictons and al acom-
9 panyig informat to lendrs for the purose
10 of such lendrs orignat, underwitg, clos-
11 ing, and servicng such loans.
12 (B) Lenders are eligb to reciv loan ap-
13 plicatons and acompnyig informat under
14 this pargh if they partice in the pro-
15 grams establihd in section 7(a) of the Smal
16 Busine Act (15 U.S.C. 636) or tile V of the
17 Smal Busine Investm Act (15 U.S.C.
18 695).
19 (C) The Adminstrao shal first make
20 avilbe such loan aplictons and acom-
21 panyig informat to lendrs withn 100 miles
22 of a loan aplicnt s princal ofice.
23 (D) If a lendr describ in subpargh
24 (C) does not agre to orignate, underwit,
25 close, and servic such loans withn 5 busine
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1 days of recivng the loan aplictons, the Ad-
2 minstrao shal subeqntly make avilbe
3 such loan aplictons and acompnyig infor-
4 mation to lendrs in the Prefrd Lenders Pro-
5 gram under section 7(a)(2)(C)(i of the Smal
7 (E) If a lendr describ in subpargh
8 (C) or (D) does not agre to orignate, under-
9 write, close, and servic such loans withn 10
10 busine days of recivng the loan aplictons,
11 the Adminstrao may orignate, underwit,
12 close, and servic such loans as describ in
13 pargh (1) of this subection.
14 (4) A SSET SALES . The Adminstrao shal
15 ofer to sel loans made or refinacd by the Admin-
16 istrao under this section. Such sale shal be made
17 throug semi-anul public solictan (in the Fed-
18 eral Register and in other media) of ofers to pur-
19 chase. The Adminstrao may contra with vendors
20 for due dilgenc, aset valution, and other servic
21 relatd to such sale. The Adminstrao may not
22 sel any loan under this section for les than 90 per-
23 cent of the net presnt value of the loan, as detr-
24 mined and certifd by a qualifed third-party.
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1 (5) L OANS NOT SOLD . The Adminstrao
2 shal maint and servic loans made by the Admin-
3 istrao under this section tha are not sold throug
4 the aset sale under this section.
5 (e) D URATION . The authoriy of this section shal
6 termina on the date two years after the date on whic
7 the progam under this section becoms operatinl (as
8 detrmin by the Adminstrao).
9 (f) A PPLICATION OF O THER L AW. Nothing in this
10 section shal be construed to exmpt any activy of the
11 Adminstrao under this section from the Fedral Credit
12 Reform Act of 1990 (tile V of the Congresioal Budget
13 and Impoundet Control Act of 1974; 2 U.S.C. 661 and
14 folwing).
15 (g) Q UALIFIED L OANS .
16 (1) A LIENS UNLAWFULLY PRESENT IN THE
17 UNITED STATES . A loan to any coner shal not

18 be subject to this section if an indvual who is an
19 alien unlawfy presnt in the United States
20 (A) has an ownership inters in tha con-
21 cern; or
22 (B) has an ownership inters in another
23 coner tha itself has an ownership inters in
24 tha coner.
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1 (2) F IRMS IN VIOLATION OF IMMIGRATION
2 LAWS . No loan shal be subject to this section if

3 the borwe is an entiy found, based on a detr-
4 minato by the Secretay of Homeland Security or
5 the Attorney Genral to have engad in a patern
6 or practie of hirng, recuitng or refing for a
7 fe, for employnt in the United States an alien
8 knowig the person is an unathorized alien.
9 (h) R EPORTS . The Adminstrao shal submit a re-
10 port to Congres semi-anuly seting forth the agret
11 amount of loans and georaphic disperon of such loans
12 made, underwit, closed, funde, servicd, sold, guarn-
13 ted, or held by the Adminstrao under the authoriy of
14 this section. Such repot shal also set forth informat
15 conerig loan defaults, preaymnts, and recovis re-
16 lated to loans ,made under the authoriy of this section.
17 (i) A UTHORIZATION . Ther are authorized to be ap-
18 proiated such sum as may be necsary to cary out
19 this section.
20 SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT
21 LENDING.
22 (a) R EFINANCING U NDER THE L OCAL D EVELOP -

23 MENT BUSINESS L OAN P ROGRAM . Section 502 of the
24 Smal Busine Investm Act of 1958 (15 U.S.C. 696)
25 is amend by ading at the end the folwing:
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1 (7) P ERMISSIBLE DEBT REFINANCING .
2 (A) I N GENERAL . Any finacg ap-
3 proved under this tile may include a limted
4 amount of debt refinacg.
5 (B) E XPANSIONS . If the project involes
6 expansio of a smal busine coner whic
7 has existng indebts colaterizd by fixed
8 aset, any amount of existng indebts
9 tha does not excd 12 of the project cost of
10 the expansio may be refinacd and ade to
11 the expansio cost, if
12 (i) the proceds of the indebts
13 wer used to acquire land, includg a
14 buildng situaed theron, to constru a
15 buildng theron, or to purchase equip-
16 ment;
17 (i) the borwe has ben curent on
18 al payments due on the existng debt for
19 not les than 1 year precding the date of
20 refinacg; and
21 (i) the finacg under section 504
22 wil provide betr terms or rate of inters
23 than exist on the debt at the time of refi-
24 nacig. .
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1 (b) J OB CREATION G OALS . Section 501(e)(1) and
2 section 501(e)(2) of the Smal Busine Investm Act
3 (15 U.S.C. 695) are each amend by strikng $50,000
4 and insertg $65,000 .
5 SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT.
6 (a) S IMPLIFIED M AXIMUM L EVERAGE L IMITS . Sec-

7 tion 303(b) of the Smal Busine Investm Act of 1958
8 (15 U.S.C. 683(b) is amend
9 (1) by strikng so much of pargh (2) as
10 precds subpargh (C) and (D) and insertg
11 the folwing:
12 (2) M AXIMUM LEVERAGE .
13 (A) I N GENERAL . The maxiu
14 amount of outsandig levrag made avilbe
15 to any one company licensd under section
16 301(c) of this Act may not excd the lesr
17 of
18 (i) 300 percnt of such company s
19 private capitl; or
20 (i) $150,000,000.
21 (B) M ULTIPLE LICENSES UNDER COM -
22 MON CONTROL . The maxiu amount of out-
23 standig levrag made avilbe to two or more
24 companies licensd under section 301(c) of this
25 Act tha are comnly contrled (as detr-
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115
1 mined by the Adminstrao) and not under
2 capitl imparent may not excd
3 $225,000,000. ; and
4 (2) by strikng pargh (4).
5 (b) S IMPLIFIED AGREGATE I NVESTMENT L IMITA -
6 TIONS . Section 306(a) of the Smal Busine Investm
7 Act of 1958 (15 U.S.C. 686(a) is amend to read as
8 folws:
9 (a) P ERCENTAGE L IMITATION ON P RIVATE CAP -
10 ITAL . If any smal busine investm company has ob-
11 tained finacg from the Adminstrao and such finac-
12 ing remains outsandig, the agret amount of securi-
13 ties acquired and for whic comitens may be isued
14 by such company under the provisn of this tile for any
15 single entrpis shal not, withou the aprovl of the Ad-
16 minstrao, excd 10 percnt of the sum of
17 (1) the private capitl of such company; and
18 (2) the toal amount of levrag projectd by
19 the company in the company s busine plan tha
20 was aproved by the Adminstrao at the time of
21 the grant of the company s licens. .
22 SEC. 6207. GAO REPORT.
23 (a) R EPORT . Not later than 30 days after the enact-

24 ment of this Act, the Comptrole Genral of the United
25 States shal repot to the Congres on the actions of the
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1 Adminstrao in implentg the authoriy establihd
2 in section 6201 throug 6206 of this Act.
3 (b) I NCLUDED I TEM . The repot under this section
4 shal include a sumary of the activy of the Admins-
5 trao under this section and an anlysi of whetr he
6 is acomplishng the purose of increasg liqudty in the
7 secondary market for Smal Busine Adminstrao
8 loans.
9 TITLE VII—HOMELAND
10 SECURITY
11 DEPARTMENT OF HOMELAND SECURITY
12 U.S. UCSTOMS AND BORDER P ROTECTION

15 pens , $100,000,000, for no-intrusve detcion tech-
16 nolgy to be deploy at sea ports of entry.
17 CONSTRUCTION

19 $150,000,000, to repai and constru inspecto faciltes
20 at land borde ports of entry.
21 T RANSPORTATION S ECURITY ADMINISTRATION
22 AVIATION SECURITY
23 For an aditonl amount for Aviaton Security ,

24 $500,000,000, for the purchase and instalo of explo-
25 sive detcion sytem and emrgin chekpoint tech-
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1 nolgies: Provided, That the Assitan Secretay of Home-
2 land Security (Transpoti Security Adminstrao)
3 shal priotze the awrd of thes funds to acelrt the
4 instalo at locatins with completd design plans and
5 to expditously awrd new letrs of inte.
6 COAST G UARD
7 ALTERATION OF BRIDGES
8 For an aditonl amount for Alteraion of

9 Bridges , $150,000,000, for alterion or removal of ob-
10 strucive bridges, as authorized by section 6 of the Tru-
11 man-Hobs Act (33 U.S.C. 516): Provided, That the
12 Coast Guard shal awrd thes funds to those bridges tha
13 are ready to proced to construi.
14 F EDERAL E MERGENCY M ANAGEMENT AGENCY
15 EMERGENCY FOOD AND SHELTER
16 For an aditonl amount for Emergncy Fod and

17 Sheltr , $200,000,000, to cary out the emrgncy fod
18 and sheltr progam pursant to tile I of the McKin-
19 ney-Vento Homels Assitance Act (42 U.S.C. 11331 et
20 seq.): Provided, That for the purose of this aproi-
21 tion, the redistbuon requid by section 1104(b) shal
22 be caried out by the Fedral Emergncy Managemt
23 Agency and the National Board, who may realoct and
24 obligate any funds tha are unclaimed or retund to the
25 progam: Provided further, That the amount set aside
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1 from this aproitn pursant to section 1106 of this
2 Act shal be 3.5 percnt instead of the percntag specifd
3 in such section.
4 TITLE VIII—INTERIOR AND
5 ENVIRONMENT
6 DEPARTMENT OF THE INTERIOR
7 BUREAU OF L AND M ANAGEMENT
8 CONSTRUCTION

11 $325,000,000, for prioty road, bridge, and trail repai
12 or decomisng, crital defr maintec
13 projects, faciltes construi and renovati, hazrdous
14 fuels reduction, and remdiaton of abndoe mine or
15 wel site: Provided, That funds may be transfed to
16 other aproite acounts of the Bureau of Land man-
17 agemnt: Provided further, That the amount set aside
18 from this aproitn pursant to section 1106 of this
19 Act shal be not more than 5 percnt instead of the per-
20 centag specifd in such section.
21 U NITED S TATES F ISH AND W ILDLIFE S ERVICE
22 CONSTRUCTION

25 $300,000,000, for prioty road and bridge repai and re-
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1 placemnt, and crital defr maintec and improve-
2 ment projects on National Wildife Refuges, National Fish
3 Hatcheris, and other Service proetis: Provided, That
4 funds may be transfed to Resource Managemt :
5 Provided further, That the amount set aside from this ap-
6 proiatn pursant to section 1106 of this Act shal be
7 not more than 5 percnt instead of the percntag speci-
8 fied in such section.
9 N ATIONAL P ARK S ERVICE
10 CONSTRUCTION

13 $1,700,000,000, for projects to adres crital defr
14 maintec neds withn the National Park System, in-
15 cluding roads, bridges and trails, and for other crital in-
16 frastuce projects: Provided, That funds may be trans-
17 ferd to Operation of the National Park System : Pro-
18 vided further, That $200,000,000 of thes funds shal be
19 for projects relatd to the presvation and repai of his-
20 torical and cultra resouc withn the National Park
21 System: Provided further, That the amount set aside from
22 this aproitn pursant to section 1106 of this Act
23 shal be not more than 5 percnt instead of the percntag
24 specifd in such section.
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1 NATIONAL MALL REVITALIZATION FUND
2 For construi, improvents, repai, or replac-

3 ment of faciltes relatd to the revitalzon of National
4 Park Service aset on the National Mal in Washingto,
5 DC, $200,000,000, of whic $100,000,000 shal only be
6 made avilbe to the extn tha funds are matched by
7 no-Fedral contribus: Provided, That the amount set
8 aside from this aproitn pursant to section 1106 of
9 this Act shal be not more than 5 percnt instead of the
10 percntag specifd in such section.
11 CENTENNIAL CHALLENGE
12 To cary out provisn of section 814(g) of Public

13 Law 104333 relating to chaleng cost share agremnts,
14 $100,000,000, for National Park Service Centeial Chal-
15 leng signature projects and progams: Provided, That not
16 les than 50 percnt of the toal cost of each project or
17 progam is deriv from no-Fedral source in the form
18 of donate cash, aset, in-kind servic, or a pledg of
19 donati guarnted by an irevocabl letr of credit: Pro-
20 vided further, That the amount set aside from this apro-
21 priaton pursant to section 1106 of this Act shal be not
22 more than 5 percnt instead of the percntag specifd
23 in such section.
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1 U NITED S TATES G EOLOGICAL S URVEY
2 SURVEYS ,INVESTIGATIONS ,AND RESEARCH
3 For an aditonl amount for Surveys, Investiga-

4 tions, and Research , $200,000,000, for repai and res-
5 torain of faciltes; equipmnt replacmnt and upgrades
6 includg stream gaes, and seimc and volcan moni-
7 toring sytem; natiol map actives; and other crital
8 defr maintec and improvent projects: Pro-
9 vided, That the amount set aside from this aproitn
10 pursant to section 1106 of this Act shal be not more
11 than 5 percnt instead of the percntag specifd in such
12 section.
13 BUREAU OF I NDIAN AFAIRS
14 CONSTRUCTION

17 $500,000,000, for prioty repai and replacmnt of
18 schol, detnio centrs, roads, bridges, employ hous-
19 ing, and crital defr maintec projects: Provided,
20 That not les than $250,000,000 shal be used for new
21 and replacmnt schol and detnio centrs: Provided
22 further, That funds may be transfed to Operation of
23 India Programs : Provided further, That the amount set
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3 ENVIRONMENTAL PROTECTION AGENCY
4 H AZARDOUS S UBSTANCE S UPERFUND
5 For an aditonl amount for Hazrdous Substance

6 Superfund , $800,000,000, whic shal be used for the
7 Superfund Remedial progam: Provided, That amounts
8 avilbe by law from this aproitn for manget
9 and adminstro shal take the place of the set-aside
10 under section 1106 of this Act.
11 L EAKING U NDERGROUND S TORAGE T ANK T RUST F UND
12 P ROGRAM
13 For an aditonl amount for Leaking Undergoun

14 Storage Tank Trust Fund Program , to cary out leaking
15 undergo storage tank cleanup actives authorized by
16 subtile I of the Solid Waste Dispoal Act, $200,000,000,
17 whic shal be used to cary out leaking undergo stor-
18 age tank cleanup actives authorized by section 9003(h)
19 of the Solid Waste Dispoal Act, excpt tha such funds
20 shal not be subject to the State matching requimnts
21 in section 9003(h)(7)(B): Provided, That amounts avil-
22 able by law from this aproitn for manget and
23 adminstro shal take the place of the set-aside under
24 section 1106 of this Act.
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1 S TATE AND T RIBAL ASSISTANCE G RANTS
2 For an aditonl amount for State and Tribal As-

3 sitance Grants , $8,400,000,000, whic shal be used as
4 folws:
5 (1) $6,000,000,000 shal be for capitlzon
6 grants for the Clean Water State Revoling Funds
7 under tile VI of the Fedral Water Polution Con-
8 trol Act (33 U.S.C. 1381 et seq.), excpt tha such
9 funds shal not be subject to the State matching re-
10 quiremnts in parghs (2) and (3) of section
11 602(b) of such Act or to the Fedral cost share lim-
12 taions in section 202 of such Act: Provided, That
13 the amount set aside from this aproitn purs-
14 ant to section 1106 of this Act shal be not more
15 than 2 percnt instead of the percntag specifd in
16 such section: Provided further, That, notwih-
17 standig the limtaon on amounts specifd in sec-
18 tion 518(c) of the Fedral Water Polution Control
19 Act, up to a toal of 1.5 percnt of such funds may
20 be resvd by the Adminstrao of the Enviro-
21 mental Protecin Agency for grants under section
22 518(c) of such Act: Provided further, That the re-
23 quiremnts of section 513 of such Act shal aply to
24 the construi of treamn works caried out in
25 whole or in part with asitnce made avilbe
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1 under this heading by a Clean Water State Revol-
2 ing Fund under tile VI of such Act, or with asit-
3 ance made avilbe under section 205(m) of such
4 Act, or both: Provided further, That, notwih-
5 standig the requimnts of section 603(d) of such
6 Act, each State shal use 50 percnt of the amount
7 of the capitlzon grant recivd by the State
8 under tile VI of such Act to provide asitnce, in
9 the form of aditonl subidzaton, includg for-
10 givens of princal, negativ inters loans, and
11 grants, to municpaltes (as defin in section 502
12 of such Act) for projects tha are include on the
13 State s prioty list establihd under section 603(g)
14 of such Act, of whic 80 percnt shal be for projects
15 to benfit municpaltes tha met afordbilty cri-
16 teria as detrmin by the Govern of the State
17 and 20 percnt shal be for projects to adres
18 water-eficny goals, adres enrgy-eficny
19 goals, mitgae stormwae runof, or encourag en-
20 vironmetaly senitv project planig, design, and
21 construi, to the extn tha ther are suficent
22 project aplictons eligb for such asitnce.
23 (2) $2,000,000,000 shal be for capitlzon
24 grants for the Drinkg Water State Revoling
25 Funds under section 1452 of the Safe Drinkg
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1 Water Act (42 U.S.C. 300j-12), excpt tha such
2 funds shal not be subject to the State matching re-
3 quiremnts of section 1452(e) of such Act: Provided,
4 That the amount set aside from this aproitn
5 pursant to section 1106 of this Act shal be not
6 more than 2 percnt instead of the percntag speci-
7 fied in such section: Provided further, That section
8 1452(k) of the Safe Drinkg Water Act shal not
9 aply to such funds: Provided further, That the re-
10 quiremnts of section 1450(e) of such Act (42
11 U.S.C. 300j-9(e) shal aply to the construi
12 caried out in whole or part with asitnce made
13 avilbe under this heading by a Drinkg Water
14 State Revoling fund under section 1452 of such
15 Act: Provided further, That, notwihsadg the re-
16 quiremnts of section 1452(a)(2) of such Act, each
17 State shal use 50 percnt of the amount of the cap-
18 italzon grant recivd by the State under section
19 1452 of such Act to provide asitnce, in the form
20 of aditonl subidzaton, includg forgivens of
21 princal, negativ inters loans, and grants, to mu-
22 nicpaltes (as defin in section 1401 of such Act)
23 for projects tha are include on the State s prioty
24 list establihd under section 1452(b)(3) of such
25 Act.
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1 (3) $300,000,000 shal be for grants under tile
2 VII, Subtile G of the Energy Policy Act of 2005:
3 Provided, That the amount set aside from this ap-
4 proiatn pursant to section 1106 of this Act
5 shal be not more than 3 percnt instead of the per-
7 (4) $100,000,000 shal be to cary out section
8 104(k) of the Comprehnsiv Envirometal Re-
9 spone, Compensatio, and Liabilty Act of 1980:
10 Provided, That the amount set aside from this ap-
11 proiatn pursant to section 1106 of this Act
12 shal be not more than 3 percnt instead of the per-
14 DEPARTMENT OF AGRICULTURE
15 F OREST S ERVICE
16 CAPITAL IMPROVEMENT AND MAINTENANCE
18 For an aditonl amount for Capital Improvent

19 and Mainteac , $650,000,000, for reconstui, cap-
20 ital improvent, decomisng, and maintec of
21 forest roads, bridges and trails; alterniv enrgy tech-
22 nolgies, enrgy eficny enhacmts and defr
23 maintec at Fedral faciltes; and for remdiaton of
24 abndoe mine site, removal of fish pasge baries,
25 and other crital habit, forest improvent and water-
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1 shed enhacmt projects on Fedral lands and waters:
2 Provided, That funds may be transfed to National
3 Forest System : Provided further, That the amount set
7 WILDLAND FIRE MANAGEMENT
9 For an aditonl amount for Wildan Fire Man-

10 agemnt , $850,000,000, of whic $300,000,000 is for
11 hazrdous fuels reduction, forest healt, wod to enrgy
12 grants and rehabilton and restoain actives on
13 Fedral lands, and of whic $550,000,000 is for State fire
14 asitnce hazrdous fuels projects, volunter fire asit-
15 ance, coperativ forest healt projects, city forest en-
16 hancemts, and wod to enrgy grants on State and pri-
17 vate lands: Provided, That amounts in this pargh may
18 be transfed to State and Private Foresty and Na-
19 tional Forest System : Provided further, That the amount
20 set aside from this aproitn pursant to section 1106
21 of this Act shal be not more than 5 percnt instead of
22 the percntag specifd in such section.
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1 DEPARTMENT OF HEALTH AND HUMAN
2 SERVICES
3 I NDIAN H EALTH S ERVICE
4 INDIAN HEALTH FACILITIES
5 For an aditonl amount for India Health Facil-

6 ties , $550,000,000, for prioty healt care faciltes con-
7 strucion projects and defr maintec, and the pur-
8 chase of equipmnt and relatd servic, includg but not
9 limted to healt informat technolgy: Provided, That
10 notwihsadg any other provisn of law, the amounts
11 avilbe under this pargh shal be alocted at the
12 discreton of the Directo of the India Health Service:
13 Provided further, That the amount set aside from this ap-
14 proiatn pursant to section 1106 of this Act shal be
15 not more than 5 percnt instead of the percntag speci-
16 fied in such section.
17 OTHER RELATED AGENCIES
18 S MITHSONIAN I NSTITUTION
19 FACILITIES CAPITAL
21 For an aditonl amount for Faciltes Capital ,

22 $150,000,000, for defr maintec projects, and for
23 repai, revitalzon, and alterion of faciltes owned or
24 ocupied by the Smithsona Instiuo, by contra or
25 otherwis, as authorized by section 2 of the Act of August
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1 22, 1949 (63 Stat. 623)Provided,
: That funds may be
2 transfed to Salaries and Expens : Provided further,
4 ant to section 1106 of this Act shal be not more than
5 5 percnt instead of the percntag specifd in such sec-
6 tion.
7 N ATIONAL F OUNDATION ON THE ARTS AND THE
8 H UMANITIES
9 N ATIONAL E NDOWMENT FOR THE ARTS

10 GRANTS AND ADMINISTRATION
11 For an aditonl amount for Grants and Admins-

12 traion , $50,000,000, to be distrbue in direct grants
13 to fund arts projects and actives whic presv jobs in
14 the no-profit arts sector threand by declins in philan-
15 thropic and other suport during the curent econmi
16 downtur: Provided, That 40 percnt of such funds shal
17 be distrbue to State arts agencis and regional arts or-
18 ganiztos in a maner simlar to the agency s curent
19 practie and 60 percnt of such funds shal be for competi-
20 tively selctd arts projects and actives acording to sec-
21 tions 2 and 5(c) of the National Foundati on the Arts
22 and Humanites Act of 1965 (20 U.S.C. 951, 954(c):
23 Provided further, That matching requimnts under sec-
24 tion 5(e) of such Act shal be waived: Provided further,
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1 ant to section 1106 of this Act shal be not more than
2 5 percnt instead of the percntag specifd in such sec-
3 tion.
4 TITLE IX—LABOR, HEALTH AND
5 HUMAN SERVICES, AND EDU-
6 CATION
7 Subtitle A—Labor
8 DEPARTMENT OF LABOR
9 E MPLOYMENT AND T RAINING ADMINISTRATION
10 TRAINING AND EMPLOYMENT SERVICES
11 For an aditonl amount for Traing and Employ-

12 ment Services for actives under the Workfoce Invest-
13 ment Act of 1998 (WIA ), $4,000,000,000, whic shal
14 be avilbe for obligatn on the date of enactm of this
15 Act, as folws:
16 (1) $500,000,000 for grants to the States for
17 adult employnt and traing actives;
18 (2) $1,200,000,000 for grants to the States for
19 youth actives, includg sumer jobs for youth:
20 Provided, That the work readins perfomanc ind-
21 cator describ in section 136(b)(2)(A)(iI of the
22 WIA shal be the only measur of perfomanc used
23 to ase the efctivns of sumer jobs for youth
24 provide with such funds: Provided further, That
25 with respct to the youth actives provide with
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1 such funds, section 101(13)(A) of the WIA shal be
2 aplied by subting age 24 for age 21 : Pro-
3 vided further, That no portin of the aditonl
4 funds provide herin shal be resvd to cary out
5 section 127(b)(1)(A) of the WIA: Provided further,
6 That for purose of section 127(b)(1)(C)(iv of the
7 WIA, such funds shal be aloted as if the toal
8 amount of fundig avilbe for youth actives in
9 the fiscal year does not excd $1,000,000,000;
10 (3) $1,000,000,000 for grants to the States for
11 dislocate worke employnt and traing activ-
12 ties;
13 (4) $500,000,000 for the dislocate workes as-
14 sitance natiol resv to remain avilbe for
15 Fedral obligatn throug June 30, 2010: Provided,
16 That such funds shal be made avilbe for grants
17 only to eligb entis tha serv ares of hig un-
18 employnt or hig poverty and only for the pur-
19 pose describ in subection 173(a)(1) of the WIA:
20 Provided further, That the Secretay of Labor shal
21 ensur tha aplicnts for such funds demonstra
22 how income suport, child care, and other suportive
23 servic necsary for an indvual s particon in
24 job traing wil be provide;
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1 (5) $50,000,000 for YouthBuild actives,
2 whic shal remain avilbe for Fedral obligatn
3 throug June 30, 2010; and
4 (6) $750,000,000 for a progam of competiv
5 grants for worke traing and placemnt in hig
6 growth and emrgin industry sector: Provided,
7 That $500,000,000 shal be for resach, labor ex-
8 change and job traing projects tha prea work-
9 ers for cares in the enrgy eficny and renw-
10 able enrgy industre specifd in section
11 171(e)(1)(B)(i of the WIA (as amend by the
12 Gren Jobs Act of 2007): Provided further, That in
13 awrding grants from those funds not designat in
14 the precding provis, the Secretay of Labor shal
15 give prioty to projects tha prea workes for ca-
16 res in the healt care sector: Provided further,
17 That the provisn of section 1103 of this Act shal
18 not aply to this aproitn:
19 Provided, That the aditonl funds provide to States
20 under this heading are not subject to section 191(a) of
21 the WIA: Provided further, That notwihsadg section
22 1106 of this Act, ther shal be no amount set aside from
23 the aproitns made in subection (1) throug (3)
24 under this heading and the amount set aside for sub-
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1 section (4) throug (6) shal be up to 1 percnt instead
2 of the percntag specifd in such section.
3 COMMUNITY SERVICE EMPLOYMENT FOR OLDER
4 AMERICANS
5 For an aditonl amount for Comunity Service

6 Employent for Older Americans to cary out tile V of
7 the Older Americans Act of 1965, $120,000,000, whic
8 shal be avilbe for obligatn on the date of enactm
9 of this Act: Provided, That funds shal be aloted withn
10 30 days of such enactm to curent grantes in pro-
11 tion to their alotmen in progam year 2008.
12 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
13 SERVICE OPERATIONS
14 For an aditonl amount for State Unemploynt

15 Insurace and Employent Service Operations for
16 grants to the States in acordne with section 6 of the
17 Wagner-Peyser Act, $500,000,000, whic may be ex-
18 pend from the Employent Security Adminstrao Ac-
19 count in the Unemploynt Trust Fund, and whic shal
20 be avilbe for obligatn on the date of enactm of this
21 Act: Provided, That such funds shal remain avilbe to
22 the States throug Septembr 30, 2010: Provided further,
23 That, with respct to such funds, section 6(b)(1) of such
24 Act shal be aplied by subting one-third for two-
25 thirds in subpargh (A), with the remaing one-third
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1 of the sum to be aloted in acordne with section
2 132(b)(2)(B)(iI of the Workfoce Investm Act of
3 1998:
Provided further, That not les than $250,000,000
4 of the amount provide under this heading shal be used
5 by States for remploynt servic for unemployt in-
6 surance claimnts (includg the integrad Employent
7 Service and Unemploynt Insurace informat tech-
8 nolgy requid to identfy and serv the neds of such
9 claimnts): Provided further, That the Secretay of Labor
10 shal establih planig and repoting procedus nec-
11 esary to provide oversight of funds used for remploy-
12 ment servic.
13 D EPARTMENTAL M ANAGEMENT
16 For an aditonl amount for Departmenl Man-

17 agemnt , $80,000,000, for the enforcmt of worke
18 protecin laws and regulations, oversight, and cordina-
19 tion actives relatd to the infrastuce and unemploy-
20 ment insurace investm in this Act: Provided, That
21 the Secretay of Labor may transfe such sum as nec-
22 esary to Employent and Standrs Adminstrao ,
23 Occupationl Safety and Health Adminstrao , and
24 Employent and Traing Adminstrao Program
25 Adminstrao for enforcmt, oversight, and cordina-
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1 tion actives: Provided further, That the provisn of sec-
2 tion 1106 of this Act shal not aply to this aproitn.
3 OFFICE OF JOB CORPS
4 For an aditonl amount for Office of Job Corps ,

5 $300,000,000, for construi, rehabilton and acquis-
6 tion of Job Corps Centers, whic shal be avilbe upon
7 the date of enactm of this Act and remain avilbe
8 for obligatn throug June 30, 2010: Provided, That sec-
9 tion 1552(a) of tile 31, United States Code shal not
10 aply to up to 30 percnt of such funds, if such funds
11 are used for a multi-year leas agremnt tha wil result
12 in construi actives tha can comen withn 120
13 days of enactm of this Act: Provided further, That not-
14 withsandg section 3324(a) of tile 31, United States
15 Code, the funds refd to in the precding provis may
16 be used for advnce, proges, and other payments: Pro-
17 vided further, That the Secretay of Labor may transfe
18 up to 15 percnt of such funds to met the operatinl
19 neds of such centrs, whic may include the provisn of
20 aditonl traing for cares in the enrgy eficny and
21 renwabl enrgy industre: Provided further, That pri-
22 ority should be given to actives tha can comen
23 promtly folwing enactm and to those projects tha
24 wil creat the greats impact on the enrgy eficny of
25 Job Corps faciltes: Provided further, That the Secretay
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1 shal provide to the Comites on Approiatns of the
2 House of Represntaiv and the Senate a repot on the
3 actul obligatns, expnditurs, and unobligated balnces
4 for each activy funde under this heading not later than
5 Septembr 30, 2009 and quartely theraf as long as
6 fundig provide under this heading is avilbe for obli-
7 gation or expnditur.
8 Subtitle B—Health and Human
9 Services
10 DEPARTMENT OF HEALTH AND HUMAN
11 SERVICES
12 H EALTH R ESOURCES AND S ERVICES
13 For an aditonl amount for Health Resource and

14 Services , $2,188,000,000 whic shal be used as folws:
15 (1) $500,000,000, of whic $250,000,000 shal
16 not be avilbe until October 1, 2009, shal be for
17 grants to healt centrs authorized under section
18 330 of the Public Health Service Act (PHS Act );
19 (2) $1,000,000,000 shal be avilbe for ren-
20 ovatin and repai of healt centrs authorized
21 under section 330 of the PHS Act and for the acqui-
22 siton by such centrs of healt informat tech-
23 nolgy sytem: Provided, That the timefra for
24 the awrd of grants pursant to section 1103(b) of
25 this Act shal not be later than 180 days after the
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1 date of enactm of this Act instead of the time-
2 frame specifd in such section;
3 (3) $88,000,000 shal be for fit-out and other
4 cost relatd to moving into a facilty to be securd
5 throug a competiv leas procuemnt to replac
6 or renovat a headqurts buildng for Public
7 Health Service agencis and other compnets of the
8 Departmen of Health and Human Services; and
9 (4) $600,000,000, of whic $300,000,000 shal
10 not be avilbe until October 1, 2009, shal be for
11 the traing of nurse and primay care physican
12 and dentis as authorized under tiles VII and VII
13 of the PHS Act, for the provisn of healt care per-
14 sonel under the National Health Service Corps pro-
15 gram authorized under tile I of the PHS Act, and
16 for the patien navigtor progam authorized under
17 tile I of the PHS Act.
18 CENTERS FOR D ISEASE CONTROL AND P REVENTION
19 DISEASE CONTROL ,RESEARCH ,AND TRAINING
20 For an aditonl amount for Disea Control, Re-

21 search, and Traing for equipmnt, construi, and
22 renovati of faciltes, includg necsary repais and
23 improvents to leasd laborties, $462,000,000: Pro-
24 vided, That notwihsadg any other provisn of law,
25 the Centers for Disea Control and Prevntio may
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1 awrd a single contra or relatd contras for devlop-
2 ment and construi of faciltes tha coletivy include
3 the ful scope of the project: Provided further, That the
4 solictan and contra shal contai the clause avil-
5 abilty of funds found at 48 CFR 52.232-18: Provided
6 further, That in acordne with aplicbe authories,
7 polices, and procedus, the Centers for Disea Control
8 and Prevntio shal acquire real proety, and make any
9 necsary improvents theron, to relocat and consli-
10 date proety and faciltes of the National Instiue for
11 Occupationl Safety and Health.
12 N ATIONAL I NSTITUTES OF H EALTH
13 NATIONAL CENTER FOR RESEARCH RESOURCES
14 For an aditonl amount for National Center for

15 Research Resource , $1,500,000,000 for grants or con-
16 tracs under section 481A of the Public Health Service
17 Act to renovat or repai existng no-Fedral resach fa-
18 ciltes: Provided, That section 481A(c)(1)(B)(i, par-
19 graphs (1), (3), and (4) of section 481A(e), and section
20 481B of such Act shal not aply to the use of such funds:
21 Provided further, That the refncs to 20 years in sub-
22 section (c)1)(B)(i and (f) of section 481A of such Act
23 are dem to be refncs to 10 years for purose
24 of using such funds: Provided further, That the National
25 Center for Research Resource may also use such funds
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1 to provide, under the authoriy of section 301 and tile
2 IV of such Act, shared instrumeao and other capitl
3 resach equipmnt to recipnts of grants and contras
4 under section 481A of such Act and other aproite en-
5 ties: Provided further, That the Directo of the Center
6 shal provide to the Comites on Approiatns of the
7 House of Represntaiv and the Senate an anul repot
8 indcatg the number of instuo recivng awrds of
9 a grant or contra under section 481A of such Act, the
10 prosed use of the fundig, the averg awrd size, a
11 list of grant or contra recipnts, and the amount of each
12 awrd: Provided further, That the Center, in obligatn
13 such funds, shal requi tha each entiy tha aplies for
14 a grant or contra under section 481A for any project
15 shal include in its aplicton an asurnce describ in
16 section 1621(b)(1)(I of the Public Health Service Act:
17 Provided further, That the Center shal give prioty in the
18 awrd of grants and contras under section 481A of such
19 Act to those aplictons tha are expctd to genrat de-
20 monstrable enrgy-saving or benfical enviromtal ef-
21 fects: Provided further, That the provisn of section 1103
22 of this Act shal not aply to the per-reviwd grants
23 awrde under this heading.
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1 OFFICE OF THE DIRECTOR
3 For an aditonl amount for Office of the Direc-

4 tor , $1,500,000,000, of whic $750,000,000 shal not be
5 avilbe until October 1, 2009: Provided, That such funds
6 shal be transfed to the Instiue and Centers of the
7 National Instiue of Health and to the Comon Fund
8 establihd under section 402A(c)(1) of the Public Health
9 Service Act in protin to the aproitns otherwis
10 made to such Instiue, Centers, and Comon Fund for
11 fiscal year 2009: Provided further, That thes funds shal
12 be used to suport aditonl scientf resach and shal
13 be mergd with and be avilbe for the same purose
14 as the aproitn or fund to whic transfed: Pro-
15 vided further, That this transfe authoriy is in aditon
16 to any other transfe authoriy avilbe to the National
17 Instiue of Health: Provided further, That noe of thes
18 funds may be transfed to National Instiue of
19 Health Buildngs and Faciltes , the Center for Sci-
20 entifc Review, the Center for Informati Technolgy, the
21 Clincal Center, the Globa Fund for HIV/AIDS, Tuber-
22 culosi and Malari, or the Office of the Directo (excpt
23 for the transfe to the Comon Fund): Provided further,
24 That the provisn of section 1103 of this Act shal not
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1 aply to the per-reviwd grants awrde under this
2 heading.
3 BUILDINGS AND FACILITIES
4 For an aditonl amount for Buildngs and Facil-

5 ties , $500,000,000, to fund hig prioty repai and im-
6 provemnt projects for National Instiue of Health facil-
7 ties on the Bethesda, Maryland campus and other agency
8 locatins.
9 AGENCY FOR H EALTHCARE R ESEARCH AND Q UALITY
10 HEALTHCARE RESEARCH AND QUALITY
12 For an aditonl amount for Healthcr Research

13 and Quality to cary out tiles I and IX of the Public
14 Health Service Act, part A of tile XI of the Social Secu-
15 rity Act, and section 1013 of the Medicare Prescripton
16 Drug, Improvent, and Modernizato Act of 2003,
17 $700,000,000 for compartive efctivns resach: Pro-
18 vided, That of the amount aproited in this pargh,
19 $400,000,000 shal be transfed to the Office of the Di-
20 recto of the National Instiue of Health (Office of the
21 Directo ) to condut or suport compartive efctivns
22 resach: Provided further, That funds transfed to the
23 Office of the Directo may be transfed to the natiol
24 resach instue and natiol centrs of the National
25 Instiue of Health and to the Comon Fund establihd
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1 under section 402A(c)(1) of the Public Health Service Act:
2 Provided further, That this transfe authoriy is in adi-
3 tion to any other transfe authoriy avilbe to the Na-
4 tional Instiue of Health: Provided further, That the pro-
5 vison of section 1103 of this Act shal not aply to the
6 per-reviwd grants awrde under this pargh: Pro-
7 vided further, That the amount set aside from this apro-
8 priaton pursant to section 1106 of this Act shal be not
9 more than 1 percnt instead of the percntag specifd
10 in such section.
11 In aditon, $400,000,000 shal be avilbe for com-
12 partive efctivns resach to be alocted at the dis-
13 cretion of the Secretay of Health and Human Services
14 (Secretay ): Provided, That the fundig aproited in
15 this pargh shal be used to acelrt the devlopmnt
16 and disemnato of resach aseing the compartive
17 efctivns of healt care treamns and straegi, in-
18 cluding throug eforts tha: (1) condut, suport, or syn-
19 thesiz resach tha compares the clina outcmes, ef-
20 fectivns, and aproitens of items, servic, and
21 procedus tha are used to prevnt, diagnose, or trea dis-
22 eas, disore, and other healt condits; and (2) en-
23 courage the devlopmnt and use of clina regist, clin-
24 ical dat networks, and other forms of elctroni healt
25 dat tha can be used to genrat or obtain outcmes dat:
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1 Provided further, That the Secretay shal entr into a
2 contra with the Instiue of Medicne, for whic no more
3 than $1,500,000 shal be made avilbe from funds pro-
4 vide in this pargh, to produce and submit a repot
5 to the Congres and the Secretay by not later than June
6 30, 2009, tha includes recomndatis on the natiol
7 priotes for compartive efctivns resach to be con-
8 ducte or suported with the funds provide in this par-
9 graph and tha consider input from stakeholdr: Pro-
10 vided further, That the Secretay shal consider any rec-
11 omendatis of the Fedral Coordinatg Council for
12 Compartive Efectivns Research establihd by section
13 9201 of this Act and any recomndatis include in
14 the Instiue of Medicne repot pursant to the precding
15 provis in designat actives to reciv funds provide
16 in this pargh and may make grants and contras
17 with aproite entis, whic may include agencis
18 withn the Departmen of Health and Human Services and
19 other governmtal agencis, as wel as private sector enti-
20 ties, tha have demonstra exprinc and capity to
21 achiev the goals of compartive efctivns resach:
22 Provided further, That the Secretay shal publish infor-
23 mation on grants and contras awrde with the funds
24 provide under this heading withn a reasonbl time of
25 the obligatn of funds for such grants and contras and
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1 shal disemnat resach findgs from such grants and
2 contras to clinas, patiens, and the genral public,
3 as aproite: Provided further, That, to the extn fea-
4 sible, the Secretay shal ensur tha the recipnts of the
5 funds provide by this pargh ofer an oprtuniy for
6 public coment on the resach: Provided further, That
7 the provisn of section 1103 of this Act shal not aply
8 to the per-reviwd grants awrde under this pargh:
9 Provided further, That the Secretay shal provide the
11 atives and the Senate, the Comite on Energy and Com-
12 merc and the Comite on Ways and Means of the
13 House of Represntaiv, and the Comite on Health,
14 Education, Labor, and Pensio and the Comite on Fi-
15 nace of the Senate with an anul repot on the resach
16 condute or suported throug the funds provide under
17 this heading: Provided further, That the Secretay, jointly
18 with the Directos of the Agency for Healthcr Research
19 and Quality and the National Instiue of Health, shal
20 provide the Comites on Approiatns of the House
21 of Represntaiv and the Senate a fiscal year 2009 oper-
22 ating plan for the funds aproited under this heading
23 prio to making any Fedral obligatns of such funds in
24 fiscal year 2009, but not later than 90 days after the date
25 of enactm of this Act, and a fiscal year 2010 operating
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1 plan for such funds prio to making any Fedral obliga-
2 tions of such funds in fiscal year 2010, but not later than
3 Novembr 1, 2009, tha detail the type of resach being
4 condute or suported, includg the prioty condits
5 adres; and specify the aloctin of resouc withn
6 the Departmen of Health and Human Services: Provided
7 further, That the Secretay jointly with the Directos of
8 the Agency for Healthcr Research and Quality and the
9 National Instiue of Health, shal provide to the Com-
11 and the Senate a repot on the actul obligatns, expndi-
12 tures, and unobligated balnces for each activy funde
13 under this heading not later than Novembr 1, 2009, and
14 evry 6 months theraf as long as fundig provide
15 under this heading is avilbe for obligatn or expndi-
16 ture.
17 ADMINISTRATION FOR CHILDREN AND F AMILIES
18 LOW -INCOME HOME ENERGY ASSISTANCE
19 For an aditonl amount for Low-Income Home

20 Energy Assitance for making payments under section
21 2602(b) and section 2602(d) of the Low-Income Home
22 Energy Assitance Act of 1981, $1,000,000,000, whic
23 shal becom avilbe on October 1, 2009: Provided, That
25 to this aproitn.
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1 PAYMENTS TO STATES FOR THE CHILD CARE AND
2 DEVELOPMENT BLOCK GRANT
3 For an aditonl amount for Payments to States

4 for the Child Care and Developmnt Block Grant ,
5 $2,000,000,000, of whic $1,000,000,000 shal becom
6 avilbe on October 1, 2009, whic shal be used to sup-
7 plemnt, not suplant State genral revnu funds for
8 child care asitnce for low-income familes: Provided,
9 That the provisn of section 1106 of this Act shal not
10 aply to this aproitn.
11 CHILDREN AND F AMILIES S ERVICES P ROGRAMS
12 For an aditonl amount for Children and Familes

13 Services Programs , $3,200,000,000, whic shal be used
14 as folws:
15 (1) $1,000,000,000 for carying out actives
16 under the Head Start Act, of whic $500,000,000
17 shal becom avilbe on October 1, 2009;
18 (2) $1,100,000,000 for expansio of Early
19 Head Start progams, as describ in section 645A
20 of the Head Start Act, of whic $550,000,000 shal
21 becom avilbe on October 1, 2009: Provided, That
22 of the funds provide in this sentc, up to 10 per-
23 cent shal be avilbe for the provisn of traing
24 and technial asitnce to such progams consite
25 with section 645A(g)(2) of such Act, and up to 3
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1 percnt shal be avilbe for monitrg the oper-
2 ation of such progams consite with section 641A
3 of such Act: Provided further, That the precding
4 provis shal aply to this aproitn in lieu of
5 the provisn of section 1106 of this Act: Provided
6 further, That the provisn of section 1103 of this
7 Act shal not aply to this aproitn;
8 (3) $1,000,000,000 for carying out actives
9 under section 674 throug 679 of the Comunity
10 Services Block Grant Act, of whic $500,000,000
11 shal becom avilbe on October 1, 2009, and of
12 whic no part shal be subject to parghs (2) and
13 (3) of section 674(b) of such Act: Provided, That
14 notwihsadg section 675C(a)(1) of such Act, 100
15 percnt of the funds made avilbe to a State from
16 this aditonl amount shal be distrbue to eligb
17 entis as defin in section 673(1) of such Act:
18 Provided further, That for servic furnished under
19 such Act during fiscal years 2009 and 2010, States
20 may aply the last sentc of section 673(2) of
21 such Act by subting 200 percnt for 125
22 percnt : Provided further, That the provisn of
23 section 1106 of this Act shal not aply to this ap-
24 proiatn; and
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1 (4) $100,000,000 for carying out actives
2 under section 1110 of the Social Security Act, of
3 whic $50,000,000 shal becom avilbe on Octo-
4 ber 1, 2009:
Provided, That the Secretay of Health
5 and Human Services shal distrbue such amount
6 under the Compasion Capital Fund to eligb faith-
7 based and comunity organizts: Provided fur-
8 ther, That the provisn of section 1106 of this Act
9 shal not aply to this aproitn.
10 ADMINISTRATION ON AGING
11 AGING SERVICES PROGRAMS
12 For an aditonl amount for Aging Services Pro-

13 grams under section 311, and subpart 1 and 2 of part
14 C, of tile I of the Older Americans Act of 1965,
15 $200,000,000, of whic $100,000,000 shal becom avil-
16 able on October 1, 2009: Provided, That the provisn
17 of section 1106 of this Act shal not aply to this apro-
18 priaton.
19 O FICE OF THE S ECRETARY
20 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
21 INFORMATION TECHNOLOGY
23 For an aditonl amount for Office of the National

24 Coordinat for Health Informati Technolgy to cary
25 out section 9202 of this Act, $2,000,000,000, to remain
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1 avilbe until expnd: Provided, That of such amount,
2 the Secretay of Health and Human Services shal trans-
3 fer $20,000,000 to the Directo of the National Instiue
4 of Standrs and Technolgy in the Departmen of Com-
5 merc for contiued work on advncig healt care infor-
6 mation entrpis integrao throug actives such as
7 technial standr anlysi and establihmn of con-
8 formance tesing infrastuce, so long as such actives
9 are cordinate with the Office of the National Coordi-
10 nator for Health Informati Technolgy: Provided fur-
11 ther, That the provisn of section 1103 of this Act shal
12 not aply to this aproitn: Provided further, That the
14 tion 1106 of this Act shal be 0.25 percnt instead of the
15 percntag specifd in such section: Provided further,
16 That funds avilbe under this heading shal becom
17 avilbe for obligatn only upon submion of an anul
18 operating plan by the Secretay to the Comites on Ap-
19 proiatns of the House of Represntaiv and the Sen-
20 ate: Provided further, That the fiscal year 2009 operating
21 plan shal be provide not later than 90 days after enact-
22 ment of this Act and tha subeqnt anul operating
23 plans shal be provide not later than Novembr 1 of each
24 year: Provided further, That thes operating plans shal
25 describ how expnditurs are aligned with the specif ob-
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1 jectivs, mileston, and metrics of the Fedral Health In-
2 formatin Technolgy Strategic Plan, includg any sube-
3 quent updates to the Plan; the aloctin of resouc
4 withn the Departmen of Health and Human Services and
5 other Fedral agencis; and the identfcao of progams
6 and actives tha are suported: Provided further, That
7 the Secretay shal provide to the Comites on Appro-
8 priatons of the House of Represntaiv and the Senate
9 a repot on the actul obligatns, expnditurs, and unob-
10 ligated balnces for each major set of actives not later
11 than Novembr 1, 2009, and evry 6 months theraf
12 as long as fundig provide under this heading is avilbe
13 for obligatn or expnditur: Provided further, That the
14 Comptrole Genral of the United States shal reviw on
15 an anul basi the expnditurs from funds provide
16 under this heading to detrmin if such funds are used
17 in a maner consite with the purose and requimnts
18 under this heading.
19 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
20 FUND
22 For an aditonl amount for Public Health and So-

23 cial Services Emergncy Fund to suport advnce re-
24 search and devlopmnt pursant to section 319L of the
25 Public Health Service Act, $430,000,000: Provided, That
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2 to this aproitn.
4 cial Services Emergncy Fund to prea for and re-
5 spond to an influeza pandemic, includg the devlop-
6 ment and purchase of vacine, antivrls, necsary med-
7 ical suplie, diagnostc, and other surveilanc tols,
8 $420,000,000:
Provided, That the provisn of section
9 1103 of this Act shal not aply to this aproitn: Pro-
10 vided further, That products purchased with thes funds
11 may, at the discreton of the Secretay of Health and
12 Human Services (Secretay ), be deposit in the Stra-
13 tegic National Stockpile: Provided further, That notwih-
14 standig section 496(b) of the Public Health Service Act,
15 funds may be used for the construi or renovati of
16 privately owned faciltes for the productin of pandemic
17 influeza vacine and other biolgcs, wher the Secretay
18 finds such a contra necsary to secur suficent sup-
19 plies of such vacines or biolgcs: Provided further, That
20 funds aproited in this pargh may be transfed
21 to other aproitn acounts of the Departmen of
22 Health and Human Services, as detrmin by the Sec-
23 retay to be aproite, to be used for the purosed speci-
24 fied in this sentc.
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2 cial Services Emergncy Fund to improve informat
3 technolgy security at the Departmen of Health and
4 Human Services, $50,000,000: Provided, That the Sec-
5 retay shal prea and submit a repot by not later than
6 Novembr 1, 2009, and by not later than 15 days after
7 the end of each month theraf, updating the stau of
8 actions taken and funds obligated in this and previous ap-
9 proiatns Acts for pandemic influeza preadns
10 and respon actives, biomedcal advnce resach and
11 devlopmnt actives, Project BioShield, and Cyber Secu-
12 rity.
13 PREVENTION AND WELLNESS FUND
15 For necsary expns for a Prevntio and

16 Welnes Fund to be adminster throug the Depart-
17 ment of Health and Human Services Office of the Sec-
18 retay, $3,000,000,000:
Provided, That the provisn of
19 section 1103 of this Act shal not aply to this aproi-
20 tion: Provided further, That of the amount aproited
21 under this heading not les than $2,350,000,000 shal be
22 transfed to the Centers for Disea Control and Pre-
23 ventio as folws:
24 (1) not les than $954,000,000 shal be used as
25 an aditonl amount to cary out the imunzato
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1 progam authorized by section 317(a), (j), and
2 (k)1) of the Public Health Service Act (section
3 317 imunzato progam ), of whic
4 $649,900,000 shal be avilbe on October 1, 2009;
6 an aditonl amount to cary out Part A of tile
7 XIX of the Public Health Service Act, of whic
8 $148,000,000 shal be avilbe on October 1, 2009;
10 an aditonl amount to cary out chroni disea,
11 healt promtin, and genomics progams, as jointly
12 detrmin by the Secretay of Health and Human
13 Services (Secretay ) and the Directo of the Cen-
14 ters for Disea Control and Prevntio (Direc-
15 tor );
17 an aditonl amount to cary out domestic HIV/
18 AIDS, viral hepatis, sexualy-transmied disea,
19 and tuberclosi prevntio progams, as jointly de-
20 termind by the Secretay and the Directo;
22 an aditonl amount to cary out enviromtal
23 healt progams, as jointly detrmin by the Sec-
24 retay and the Directo;
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2 an aditonl amount to cary out injury prevntio
3 and contrl progams, as jointly detrmin by the
4 Secretay and the Directo;
6 an aditonl amount for public healt workfce de-
7 velopmnt actives, as jointly detrmin by the
8 Secretay and the Directo;
10 an aditonl amount for the National Instiue for
11 Occupationl Safety and Health to cary out re-
12 search actives withn the National Occupationl
13 Research Agenda; and
15 an aditonl amount for the National Center for
16 Health Statisc:
17 Provided further, That of the amount aproited under
18 this heading not les than $150,000,000 shal be avilbe
19 for an aditonl amount to cary out actives to imple-
20 ment a natiol action plan to prevnt healtcr-asoci-
21 ated infectos, as detrmin by the Secretay, of whic
22 not les $50,000,000 shal be provide to States to imple-
23 ment healtcr-asocited infecto reduction straegi:
24 Provided further, That of the amount aproited under
25 this heading $500,000,000 shal be used to cary out evi-
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1 denc-based clina and comunity-based prevntio and
2 welns straegi and public healt workfce devlop-
3 ment actives authorized by the Public Health Service
4 Act, as detrmin by the Secretay, tha delivr specif,
5 measurbl healt outcmes tha adres chroni and in-
6 fectious disea rates and healt disparte, whic shal
7 include evidnc-based intervos in obesity, diabets,
8 heart disea, caner, tobac cesation and smoking pre-
9 ventio, and oral healt, and whic may be used for the
10 Healthy Comunites progam adminster by the Cen-
11 ters for Disea Control and Prevntio and other existng
12 comunity-based progams adminster by the Depart-
13 ment of Health and Human Services: Provided further,
14 That funds aproited in the precding provis may be
15 transfed to other aproitn acounts of the Depart-
16 ment of Health and Human Services, as detrmin by
17 the Secretay to be aproite: Provided further, That the
18 Secretay shal, directly or throug contras with public
19 or private entis, provide for anul evalutions of pro-
20 grams caried out with funds provide under this heading
21 in orde to detrmin the quality and efctivns of the
22 progams: Provided further, That the Secretay shal, not
23 later than 1 year after the date of enactm of this Act,
24 submit to the Comites on Approiatns of the House
25 of Represntaiv and the Senate, the Comite on En-
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1 ergy and Comerc of the House of Represntaiv, and
2 the Comite on Health, Education, Labor, and Pen-
3 sion of the Senate, a repot (1) sumarizng the anul
4 evalutions of progams from the precding provis; and
5 (2) making recomndatis conerig futre spendig
6 on prevntio and welns actives, includg any rec-
7 omendatis made by the United States Prevnti
8 Services Task Force in the are of clina prevnti serv-
9 ices and the Task Force on Comunity Prevnti Serv-
10 ices in the are of comunity prevnti servic: Provided
11 further, That the Secretay shal entr into a contra with
12 the Instiue of Medicne, for whic no more than
13 $1,500,000 shal be made avilbe from funds provide
14 in this pargh, to produce and submit a repot to the
15 Congres and the Secretay by no later than 1 year after
16 the date of enactm of this Act tha includes rec-
17 omendatis on the natiol priotes for clina and
18 comunity-based prevntio and welns actives tha
19 wil have a positve impact in prevntig ilnes or reduc-
20 ing healtcr cost and tha consider input from stake-
21 holders: Provided further, That the Secretay shal provide
22 to the Comites on Approiatns of the House of Rep-
23 resntaiv and the Senate a fiscal year 2009 operating
24 plan for the Prevntio and Welnes Fund prio to mak-
25 ing any Fedral obligatns of funds provide under this
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1 heading in fiscal year 2009 (excluding funds to cary out
2 the section 317 imunzato progam), but not later than
3 90 days after the date of enactm of this Act, and a
4 fiscal year 2010 operating plan for the Prevntio and
5 Welnes Fund prio to making any Fedral obligatns
6 of funds provide under this heading in fiscal year 2010
7 (excluding funds to cary out the section 317 imunza-
8 tion progam), but not later than Novembr 1, 2009, tha
9 indcate the prevntio priotes to be adres; provide
10 measurbl goals for each prevntio prioty; detail the
11 aloctin of resouc withn the Departmen of Health
12 and Human Services; and identfy whic progams or ac-
13 tives are suported, includg descripton of any new
14 progams or actives: Provided further, That the Sec-
15 retay shal provide to the Comites on Approiatns
16 of the House of Represntaiv and the Senate a repot
17 on the actul obligatns, expnditurs, and unobligated
18 balnces for each activy funde under this heading not
19 later than Novembr 1, 2009 and evry 6 months ther-
20 after as long as fundig provide under this heading is
21 avilbe for obligatn or expnditur.
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2 SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM-
3 PARATIVE EFFECTIVENESS RESEARCH.
4 (a) E STABLISHMENT . Ther is herby establihd a

5 Fedral Coordinatg Council for Compartive Efectiv-
6 nes Research (in this section refd to as the Coun-
7 cil ).
8 (b) P URPOSE ; D
UTIES . The Council shal
9 (1) asit the ofices and agencis of the Fed-
10 eral Governmt, includg the Departmens of
11 Health and Human Services, Veterans Affairs, and
12 Defens, and other Fedral departmns or agencis,
13 to cordinate the condut or suport of compartive
14 efctivns and relatd healt servic resach;
15 and
16 (2) advise the Presidnt and Congres on
17 (A) straegi with respct to the infra-
18 struce neds of compartive efctivns re-
19 search withn the Fedral Governmt;
20 (B) aproite organiztl expndi-
21 tures for compartive efctivns resach by
22 relvant Fedral departmns and agencis; and
23 (C) oprtunies to asure optimu co-
24 ordinat of compartive efctivns and re-
25 lated healt servic resach condute or sup-
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1 ported by relvant Fedral departmns and
2 agencis, with the goal of reducing duplicatve
3 eforts and encouragi cordinate and com-
4 plemntary use of resouc.
5 (c) M EMBERSHIP .
6 (1) N UMBER AND APPOINTMENT . The Council
7 shal be compsed of not more than 15 mebrs, al
8 of whom are senior Fedral oficers or employs
9 with responiblty for healt-relatd progams, ap-
10 pointed by the Presidnt, acting throug the Sec-
11 retay of Health and Human Services (in this sec-
12 tion refd to as the Secretay ). Members shal
13 first be apointed to the Council not later than 30
14 days after the date of the enactm of this Act.
15 (2) M EMBERS .
16 (A) I N GENERAL . The mebrs of the
17 Council shal include one senior oficer or em-
18 ploye from each of the folwing agencis:
19 (i) The Agency for Healthcr Re-
20 search and Quality.
21 (i) The Centers for Medicare and
22 Medica Services.
23 (i) The National Instiue of
24 Health.
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January 15, 2009 (4:02 a.m.)
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1 (iv) The Office of the National Coor-
2 dinator for Health Informati Tech-
3 nolgy.
4 (v) The Fod and Drug Adminstra-
5 tion.
6 (vi) The Veterans Health Adminstra-
7 tion withn the Departmen of Veterans
8 Affairs.
9 (vi) The ofice withn the Departmen
10 of Defens responibl for manget of
11 the Departmen of Defens Military
12 Health Care System.
13 (B) Q UALIFICATIONS . At least half of the
14 mebrs of the Council shal be physican or
15 other exprts with clina exprtis.
16 (3) C HAIRMAN ; VICE CHAIRMAN . The Sec-
17 retay shal serv as Chairmn of the Council and
18 shal designat a mebr to serv as Vice Chairmn.
19 (d) R EPORTS .
20 (1) I NITIAL REPORT . Not later than June 30,
21 2009, the Council shal submit to the Presidnt and
22 the Congres a repot contaig informat de-
23 scribng Fedral actives on compartive efctiv-
24 nes resach and recomndatis for aditonl
25 investm in such resach condute or suported
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1 from funds made avilbe for alotmen by the Sec-
2 retay for compartive efctivns resach in this
3 Act.
4 (2) ANNUAL REPORT . The Council shal sub-
5 mit to the Presidnt and Congres an anul repot
6 regadin its actives and recomndatis con-
7 cernig the infrastuce neds, aproite organi-
8 zationl expnditurs and oprtunies for betr
9 cordinat of compartive efctivns resach by
10 relvant Fedral departmns and agencis.
11 (e) S TAFFING ; UPPORT
S . From funds made avil-
12 able for alotmen by the Secretay for compartive efc-
13 tivens resach in this Act, the Secretay shal make
14 avilbe not more than 1 percnt to the Council for staf
15 and adminstrve suport.
16 SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH-
17 NOLOGY.
18 (a) I N G ENERAL . The Secretay of Health and

19 Human Services shal invest in the infrastuce nec-
20 esary to alow for and promte the elctroni exchang
21 and use of healt informat for each indvual in the
22 United States consite with the goals outlined in the
23 Strategic Plan devlop by the Office of the National Co-
24 ordinat for Health Informati Technolgy. Such invest-
25 ment shal include investm in at least the folwing:
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1 (1) Health informat technolgy architeu
2 tha wil suport the natiowde elctroni exchang
3 and use of healt informat in a secur, private,
4 and acurte maner, includg conetig healt
5 informat exchangs, and whic may include up-
6 dating and implentg the infrastuce nec-
7 esary withn difernt agencis of the Departmen
8 of Health and Human Services to suport the elc-
9 tronic use and exchang of healt informat.
10 (2) Integraio of healt informat tech-
11 nolgy, includg elctroni medical recods, into the
12 intal and ongi traing of healt profesinal
13 and others in the healtcr industry who would be
14 instrumeal to improvng the quality of healtcr
15 throug the smoth and acurte elctroni use and
16 exchang of healt informat as detrmin by the
17 Secretay.
18 (3) Traing on and disemnato of informa-
19 tion on best practies to integra healt informat
20 technolgy, includg elctroni recods, into a pro-
21 vider s delivry of care, includg comunity healt
22 centrs recivng asitnce under section 330 of the
23 Public Health Service Act and provides partic-
24 pating in one or more of the progams under tiles
25 XVII, XIX, and XXI of the Social Security Act (re-
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1 lating to Medicare, Medica, and the State Chil-
2 drens Health Insurace Program).
3 (4) Infrastuce and tols for the promtin
4 of telmdicn, includg cordinat among Fed-
5 eral agencis in the promtin of telmdicn.
6 (5) Promtin of the interopably of clina
7 dat reposit or regist.
8 The Secretay shal implent pargh (3) in cordina-
9 tion with State agencis adminsterg the Medica pro-
10 gram and the State Children s Health Insurace Program.
11 (b) L IMITATION . None of the funds aproited to
12 cary out this section may be used to make signfcat in-
13 vestmn in, or provide signfcat funds for, the acquis-
14 tion of hardwe or software or for the use of an elctroni
15 healt or medical recod, or signfcat compnets ther-
16 of, unles such investm or funds are for certifd prod-
17 ucts tha would permit the ful and acurte elctroni ex-
18 change and use of healt informat in a medical recod,
19 includg standr for security, privacy, and quality im-
20 provemnt functios adopte by the Office of the National
21 Coordinat for Health Informati Technolgy.
22 (c) R EPORT . The Secretay shal anuly repot to
23 the Comites on Energy and Comerc, on Ways and
24 Means, on Scienc and Technolgy, and on Approiatns
25 of the House of Represntaiv and the Comites on
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1 Finace, on Health, Education, Labor, and Pensio, and
2 on Approiatns of the Senate on the use of thes funds
3 and their impact on the infrastuce for the elctroni
4 exchang and use of healt informat.
5 Subtitle C—Education
6 DEPARTMENT OF EDUCATION
7 E DUCATION FOR THE D ISADVANTAGED
8 For an aditonl amount for Education for the Dis-
9 advntge to cary out tile I of the Elemntary and
10 Secondary Education Act of 1965 (ESEA ),
11 $13,000,000,000:
Provided, That $5,500,000,000 shal be
12 avilbe for targed grants under section 1125 of the
13 ESEA, of whic $2,750,000,000 shal becom avilbe on
14 July 1, 2009, and shal remain avilbe throug Sep-
15 tembr 30, 2010, and $2,750,000,000 shal becom avil-
16 able on July 1, 2010, and shal remain avilbe throug
17 Septembr 30, 2011: Provided further, That
18 $5,500,000,000 shal be avilbe for education finace in-
19 centiv grants under section 1125A of the ESEA, of whic
20 $2,750,000,000 shal becom avilbe on July 1, 2009,
21 and shal remain avilbe throug Septembr 30, 2010,
22 and $2,750,000,000 shal becom avilbe on July 1,
23 2010, and shal remain avilbe throug Septembr 30,
24 2011:
Provided further, That $2,000,000,000 shal be for
25 schol improvent grants under section 1003(g) of the
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1 ESEA, of whic $1,000,000,000 shal becom avilbe on
2 July 1, 2009, and shal remain avilbe throug Sep-
3 tembr 30, 2010, and $1,000,000,000 shal becom avil-
4 able on July 1, 2010, and shal remain avilbe throug
5 Septembr 30, 2011: Provided further, That the provisn
6 of section 1106 of this Act shal not aply to this apro-
7 priaton.
8 I MPACT AID
9 For an aditonl amount for Impact Aid to cary
10 out section 8007 of tile VII of the Elemntary and Sec-
11 ondary Education Act of 1965, $100,000,000, whic shal
12 remain avilbe throug Septembr 30, 2010: Provided,
14 ant to section 1106 of this Act shal be 1 percnt instead
15 of the percntag specifd in such section.
16 S CHOOL I MPROVEMENT P ROGRAMS
17 For an aditonl amount for Schol Improvent

18 Programs to cary out subpart 1, part D of tile I of
19 the Elemntary and Secondary Education Act of 1965
20 (ESEA ), and subtile B of tile VII of the McKiney-
21 Vento Homels Assitance Act, $1,066,000,000: Pro-
22 vided, That $1,000,000,000 shal be avilbe for subpart
23 1, part D of tile I of the ESEA, of whic $500,000,000
24 shal becom avilbe on July 1, 2009, and shal remain
25 avilbe throug Septembr 30, 2010, and $500,000,000
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1 shal becom avilbe on July 1, 2010, and remain avil-
2 able throug Septembr 30, 2011: Provided further, That
4 to thes funds: Provided further, That $66,000,000 shal
5 be avilbe for subtile B of tile VII of the McKiney-
6 Vento Homels Assitance Act, of whic $33,000,000
7 shal becom avilbe on July 1, 2009, and shal remain
8 avilbe throug Septembr 30, 2010, and $33,000,000
9 shal becom avilbe on July 1, 2010, and remain avil-
10 able throug Septembr 30, 2011.
11 I NNOVATION AND I MPROVEMENT
12 For an aditonl amount for Inovati and Im-

13 provemnt to cary out subpart 1, part D and subpart
14 2, part B of tile V of the Elemntary and Secondary Edu-
15 cation Act of 1965 (ESEA ), $225,000,000: Provided,
16 That $200,000,000 shal be avilbe for subpart 1, part
17 D of tile V of the ESEA: Provided further, That thes
18 funds shal be expnd as direct in the fith, sixth, and
19 sevnth provis under the heading Inovati and Im-
20 provemnt in the Departmen of Education Approia-
21 tions Act, 2008: Provided further, That a portin of thes
22 funds shal also be used for a rigous natiol evalution
23 by the Instiue of Education Sciencs, utilzng random-
24 ized contrled methodlgy to the extn feasibl, tha as-
25 se the impact of perfomanc-based teachr and prin-
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1 cipal compensati sytem suported by the funds pro-
2 vide in this Act on teachr and princal recuitmn and
3 retnio in hig-ned schol and subject: Provided fur-
4 ther, That $25,000,000 shal be avilbe for subpart 2,
5 part B of tile V of the ESEA: Provided further, That the
7 tion 1106 of this Act shal be 1 percnt instead of the
9 S PECIAL E DUCATION
10 For an aditonl amount for Special Education

11 for carying out section 611 and part C of the Indivuals
12 with Disabilte Education Act (IDEA ),
13 $13,600,000,000:
Provided, That $13,000,000,000 shal
14 be avilbe for section 611 of the IDEA, of whic
16 and remain avilbe throug Septembr 30, 2010, and
18 and remain avilbe throug Septembr 30, 2011: Pro-
19 vided further, That $600,000,000 shal be avilbe for
20 part C of the IDEA, of whic $300,000,000 shal becom
21 avilbe on July 1, 2009, and remain avilbe throug
22 Septembr 30, 2010, and $300,000,000 shal becom
23 avilbe on July 1, 2010, and remain avilbe throug
24 Septembr 30, 2011: Provided further, That by July 1,
25 2009, the Secretay of Education shal resv the amount
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1 ned for grants under section 643(e) of the IDEA from
2 funds avilbe for obligatn on July 1, 2009, with any
3 remaing funds to be alocted in acordne with section
4 643(c) of the IDEA: Provided further, That by July 1,
5 2010, the Secretay shal resv the amount ned for
6 grants under section 643(e) of the IDEA from funds avil-
7 able for obligatn on July 1, 2010, with any remaing
8 funds to be alocted in acordne with section 643(c)
9 of the IDEA: Provided further, That if evry State, as de-
10 fined by section 602(31) of the IDEA, reachs its max-
11 imu aloctin under section 611(d)(3)(B)(i of the
12 IDEA, and ther are remaing funds, such funds shal
13 be protinaly alocted to each State subject to the
14 maxiu amounts contaied in section 611(a)(2) of the
15 IDEA: Provided further, That the provisn of section
16 1106 of this Act shal not aply to this aproitn.
17 R EHABILITATION S ERVICES AND D ISABILITY R ESEARCH
18 For an aditonl amount for Rehabilton Serv-
19 ices and Disabilty Research for providng grants to
20 States to cary out the Vocationl Rehabilton Services
21 progam under part B of tile I and parts B and C of
22 chapter 1 and chapter 2 of tile VII of the Rehabilton
23 Act of 1973, $700,000,000:
Provided, That $500,000,000
24 shal be avilbe for part B of tile I of the Rehabilton
25 Act, of whic $250,000,000 shal becom avilbe on Oc-
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1 tober 1, 2009: Provided further, That funds provide her-
2 in shal not be consider in detrming the amount re-
3 quired to be aproited under section 100(b)(1) of the
4 Rehabilton Act of 1973 in any fiscal year: Provided fur-
5 ther, That, notwihsadg section 7(14)(A), the Fedral
6 share of the cost of vocatinl rehabilton servic pro-
7 vide with the funds provide herin shal be 100 percnt:
8 Provided further, That the provisn of section 1106 of
9 this Act shal not aply to thes funds: Provided further,
10 That $200,000,000 shal be avilbe for parts B and C
11 of chapter 1 and chapter 2 of tile VII of the Rehabilt-
12 tion Act, of whic $100,000,000 shal becom avilbe on
13 October 1, 2009: Provided further, That $34,775,000 shal
14 be for State Grants, $114,581,000 shal be for inde-
15 pendt livng centrs, and $50,644,000 shal be for serv-
16 ices for older blind indvuals.
17 S TUDENT F INANCIAL ASSISTANCE
18 For an aditonl amount for Student Finacl As-
19 sitance to cary out subpart 1 of part A and part C
20 of tile IV of the Higher Education Act of 1965 (HEA ),
21 $16,126,000,000, whic shal remain avilbe throug
22 Septembr 30, 2011: Provided, That $15,636,000,000
23 shal be avilbe for subpart 1of part A of tile IV of the
24 HEA: Provided further, That $490,000,000 shal be avil-
25 able for part C of tile IV of the HEA, of whic
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1 $245,000,000 shal becom avilbe on October 1, 2009:
2 Provided further, That the provisn of section 1106 of
3 this Act shal not aply to this aproitn.
4 The maxiu Pel Grant for whic a studen shal
5 be eligb during awrd year 2009-2010 shal be $4,860.
6 S TUDENT AID ADMINISTRATION
7 For an aditonl amount for Student Aid Admins-
8 traion to cary out part D of tile I, and subpart 1,
9 3, and 4 of part A, and parts B, C, D, and E of tile
10 IV of the Higher Education Act of 1965, $50,000,000,
11 whic shal remain avilbe throug Septembr 30, 2011:
12 Provided, That such amount shal also be avilbe for an
13 indept audit of progams and actives authorized
14 under section 459A of such Act: Provided further, That
16 to this aproitn.
17 H IGHER E DUCATION
18 For an aditonl amount for Higher Education to

19 cary out part A of tile I of the Higher Education Act
20 of 1965, $100,000,000:
Provided, That section 203(c)(1)
21 of such Act shal not aply to awrds made with thes
22 funds.
23 I NSTITUTE OF E DUCATION S CIENCES
24 For an aditonl amount for Instiue of Education

25 Sciencs to cary out section 208 of the Educationl Tech-
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1 nical Assitance Act, $250,000,000, whic may be used
2 for Statewid dat sytem tha include postecndary and
3 workfce informat, of whic up to $5,000,000 may be
4 used for State dat cordinats and for awrds to public
5 or private organizts or agencis to improve dat co-
6 ordinat: Provided, That the amount set aside from this
7 aproitn pursant to section 1106 of this Act shal
8 be 1 percnt instead of the percntag specifd in such
9 section.
10 S CHOOL M ODERNIZATION , ENROVATION ,AND R EPAIR
11 For carying out section 9301 of this Act,
12 $14,000,000,000:
Provided, That amount avilbe under
13 section 9301 of this Act for adminstro and oversight
14 shal take the place of the set-aside under section 1106
15 of this Act.
16 H IGHER E DUCATION M ODERNIZATION , ENROVATION ,
17 AND R EPAIR
18 For carying out section 9302 of this Act,
19 $6,000,000,000:
Provided, That amount avilbe under
20 section 9302 of this Act for adminstro and oversight
21 shal take the place of the set-aside under section 1106
22 of this Act.
23 SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB-
24 LIC SCHOOL FACILITIES.
25 (a) D EFINITIONS . In this section:
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1 (1) The term Bureau-funde schol has the
2 meanig given to such term in section 1141 of the
3 Education Amendmts of 1978 (25 U.S.C. 2021).
4 (2) The term charte schol has the meanig
5 given such term in section 5210 of the Elemntary
6 and Secondary Education Act of 1965.
7 (3) The term loca educationl agency
8 (A) has the meanig given to tha term in
9 section 9101 of the Elemntary and Secondary
10 Education Act of 1965, and shal also include
11 the Recovery Schol Distric of Louisan and
12 the New Orleans Public Schols; and
13 (B) includes any public charte schol tha
14 constiue a loca educationl agency under
15 State law.
16 (4) The term outlying are
17 (A) means the United States Virgin Is-
18 lands, Guam, American Samoa, and the Com-
19 monwealth of the Northen Marian Island;
20 and
21 (B) includes the frely asocited stae of
22 the Republic of the Marshal Island, the Fed-
23 eratd States of Micronesia, and the Republic
24 of Palau.
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1 (5) The term public schol faciltes includes
2 charte schol.
3 (6) The term State means each of the 50
4 States, the Distric of Columbia, and the Comon-
5 wealth of Puerto Rico.
6 (7) The term LEED Gren Buildng Rating
7 System means the United States Gren Buildng
8 Council Leadership in Energy and Envirometal
9 Design gren buildng rating standr refd to as
10 the LEED Gren Buildng Rating System.
11 (8) The term Energy Star means the Energy
12 Star progam of the United States Departmen of
13 Energy and the United States Envirometal Pro-
14 tecion Agency.
15 (9) The term CHPS Critera means the
16 gren buildng rating progam devlop by the Col-
17 labortive for High Perfomance Schols.
18 (10) The term Gren Globes means the
19 Gren Buildng Initave enviromtal design and
20 rating sytem refd to as Gren Globes.
21 (b) P URPOSE . Grants under this section shal be for
22 the purose of modernizg, renovatig, or repaing pub-
23 lic schol faciltes, based on their ned for such improve-
24 ments, to be safe, healty, hig-perfoming, and up-to-
25 date technolgiay.
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1 (c) A LLOCATION OF F UNDS .
2 (1) R ESERVATIONS .
3 (A) I N GENERAL . From the amount ap-
4 proiated to cary out this section, the Sec-
5 retay of Education shal resv 1 percnt of
6 such amount, consite with the purose de-
7 scribed in subection (b)
8 (i) to provide asitnce to the out-
9 lying ares; and
10 (i) for payments to the Secretay of
11 the Interio to provide asitnce to Bu-
12 reau-funde schol.
13 (B) A DMINISTRATION AND OVERSIGHT .
14 The Secretay may, in aditon, resv up to
15 $6,000,000 of such amount for adminstro
16 and oversight of this section.
17 (2) ALLOCATION TO STATES .
18 (A) S TATE -BY -STATE ALLOCATION . Of
19 the amount aproited to cary out this sec-
20 tion, and not resvd under pargh (1),
21 each State shal be alocted an amount in pro-
22 portin to the amount recivd by al loca edu-
23 cationl agencis in the State under part A of
24 tile I of the Elemntary and Secondary Edu-
25 cation Act of 1965 for fiscal year 2008 relativ
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1 to the toal amount recivd by al loca edu-
2 cationl agencis in evry State under such part
3 for such fiscal year.
4 (B) S TATE ADMINISTRATION . A State
5 may resv up to 1 percnt of its aloctin
6 under subpargh (A) to cary out its respon-
7 siblte under this section, includg
8 (i) providng technial asitnce to
9 loca educationl agencis;
10 (i) devloping, withn 6 months of re-
11 ceivng its aloctin under subpargh
12 (A), a plan to devlop a datbse tha in-
13 cludes an invetory of public schol facil-
14 ties in the State and the modernizat,
15 renovati, and repai neds of, enrgy use
16 by, and the carbon fotprin of such
17 schol; and
18 (i) devloping a schol enrgy efi-
19 cieny quality plan.
20 (C) G RANTS TO LOCAL EDUCATIONAL
21 AGENCIES . From the amount alocted to a

22 State under subpargh (A), each loca edu-
23 cationl agency in the State tha mets the re-
24 quiremnts of section 1112(a) of the Elemn-
25 tary and Secondary Education Act of 1965
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1 shal reciv an amount in protin to the
2 amount recivd by such loca educationl agen-
3 cy under part A of tile I of tha Act for fiscal
4 year 2008 relativ to the toal amount recivd
5 by al loca educationl agencis in the State
6 under such part for such fiscal year, excpt tha
7 no loca educationl agency tha recivd funds
8 under part A of tile I of tha Act for such fis-
9 cal year shal reciv a grant of les than
10 $5,000.
11 (D) S PECIAL RULE . Section 1122(c)(3)
12 of the Elemntary and Secondary Education
13 Act of 1965 shal not aply to subpargh
14 (A) or (C).
15 (3) S PECIAL RULES .
16 (A) D ISTRIBUTIONS BY SECRETARY . The
17 Secretay of Education shal make and dis-
18 tribue the resvation and aloctins de-
19 scribed in parghs (1) and (2) not later than
20 30 days after the date of the enactm of this
21 Act.
22 (B) D ISTRIBUTIONS BY STATES . A State
23 shal make and distrbue the aloctins de-
24 scribed in pargh (2)(C) withn 30 days of
25 recivng such funds from the Secretay.
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1 (d) U SE I T OR L OSE I T R EQUIREMENTS .
2 (1) D EADLINE FOR BINDING COMMITMENTS .
3 Each loca educationl agency recivng funds under
4 this section shal entr into contras or other bind-
5 ing comitens not later than 1 year after the
6 date of the enactm of this Act (or not later than
7 9 months after such funds are awrde, if later) to
8 make use of 50 percnt of such funds, and shal
9 entr into contras or other bindg comitens
10 not later than 2 years after the date of the enact-
11 ment of this Act (or not later than 21 months after
12 such funds are awrde, if later) to make use of the
13 remaing funds. In the case of actives to be car-
14 ried out directly by a loca educationl agency (rath-
15 er than by contras, subgrant, or other arnge-
16 ments with third parties), a certifaon by the
17 agency specifyng the amounts, planed timng, and
18 purose of such expnditurs shal be dem a
19 bindg comiten for purose of this subection.
20 (2) R EDISTRIBUTION OF UNCOMMITTED
21 FUNDS . A State shal recov or deobligat any

22 funds not comited in acordne with pargh
23 (1), and redistbu such funds to other loca edu-
24 cationl agencis eligb under this section and able
25 to make use of such funds in a timely maner (in-
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1 cluding bindg comitens withn 120 days after
2 the realoctin).
3 (e) A LLOWABLE U SES OF F UNDS . A loca edu-
4 cationl agency recivng a grant under this section shal
5 use the grant for modernizat, renovati, or repai of
6 public schol faciltes, includg
7 (1) repaing, replacing, or instalg rofs, in-
8 cluding extnsiv, intesv or semi-intesv gren
9 rofs, elctria wirng, plumbing sytem, sewag
10 sytem, lightn sytem, or compnets of such
11 sytem, windos, or dors, includg security dors;
12 (2) repaing, replacing, or instalg heating,
13 ventilao, air conditg sytem, or compnets
14 of such sytem (includg insulato), includg in-
15 dor air quality asemnt;
16 (3) bring public schol into compliane with
17 fire, healt, and safety codes, includg profesinal
18 instalo of fire/life safety alrms, includg mod-
19 ernizatos, renovatis, and repais tha ensur
20 tha schol are pread for emrgncis, such as
21 improvng buildng infrastuce to acomdte
22 security measur;
23 (4) modifcatns necsary to make public
24 schol faciltes acesibl to comply with the Ameri-
25 cans with Disabilte Act of 1990 (42 U.S.C. 12101
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1 et seq.) and section 504 of the Rehabilton Act of
2 1973 (29 U.S.C. 794), excpt tha such modifca-
3 tions shal not be the primay use of the grant;
4 (5) asbeto or polychrinated biphenyls abte-
5 ment or removal from public schol faciltes;
6 (6) implentao of measur design to re-
7 duce or elimnat human exposur to lead-based
8 paint hazrds throug methods includg interm
9 contrls, abtemn, or a combinat of each;
10 (7) implentao of measur design to re-
11 duce or elimnat human exposur to mold or mil-
12 dew;
13 (8) upgradin or instalg educationl tech-
14 nolgy infrastuce to ensur tha studen have
15 aces to up-to-date educationl technolgy;
16 (9) technolgy actives tha are caried out in
17 coneti with schol repai and renovati, includ-
18 ing
19 (A) wirng;
20 (B) acquirng hardwe and software;
21 (C) acquirng conetivy linkages and re-
22 source; and
23 (D) acquirng microwave, fiber optics,
24 cable, and sateli transmio equipmnt;
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1 (10) modernizat, renovati, or repai of
2 scien and engir laborty faciltes, libra-
3 ies, and care and technial education faciltes, in-
4 cluding those relatd to enrgy eficny and renw-
5 able enrgy, and improvents to buildng infra-
6 struce to acomdte bicyle and pedstrian ac-
7 ces;
8 (11) renwabl enrgy genratio and heating
9 sytem, includg solar, photvlaic, wind, geo-
10 thermal, or biomas, includg wod pelt, sytem
11 or compnets of such sytem;
12 (12) other modernizat, renovati, or repai
13 of public schol faciltes to
14 (A) improve teachrs abilty to teach and
15 studen abilty to learn;
16 (B) ensur the healt and safety of stu-
17 dents and staf;
18 (C) make them more enrgy eficnt; or
19 (D) reduc clas size; and
20 (13) requid enviromtal remdiaton relatd
21 to public schol modernizat, renovati, or repai
22 describ in parghs (1) throug (12).
23 (f) I MPERMISSIBLE U SES OF F UNDS . No funds re-
24 ceivd under this section may be used for
25 (1) payment of maintec cost; or
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1 (2) stadium or other faciltes primaly used
2 for athleic contes or exhibtons or other evnts
3 for whic admison is charged to the genral public.
4 (g) S UPPLEMENT , NOT S UPPLANT . A loca edu-
5 cationl agency recivng a grant under this section shal
6 use such Fedral funds only to suplemnt and not sup-
7 plant the amount of funds tha would, in the absenc of
8 such Fedral funds, be avilbe for modernizat, ren-
9 ovatin, or repai of public schol faciltes.
10 (h) P ROHIBITION R EGARDING S TATE AID . A State
11 shal not take into considerat payments under this sec-
12 tion in detrming the eligbty of any loca educationl
13 agency in tha State for State aid, or the amount of State
14 aid, with respct to fre public education of children.
15 (i) S PECIAL R ULE ON CONTRACTING . Each loca
16 educationl agency recivng a grant under this section
17 shal ensur tha, if the agency caries out modernizat,
18 renovati, or repai throug a contra, the proces for
19 any such contra ensur the maxiu number of quali-
20 fied biders, includg loca, smal, minorty, and women-
21 and vetran-owned busine, throug ful and open com-
22 petion.
23 (j) S PECIAL R ULE ON U SE OF I RON AND S TEEL
24 P RODUCED IN THE U NITED S TATES .
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1 (1) I N GENERAL . A loca educationl agency
2 shal not obligate or expnd funds recivd under
3 this section for a project for the modernizat, ren-
4 ovatin, or repai of a public schol facilty unles al
5 of the iron and stel used in such project is pro-
6 duce in the United States.
7 (2) E XCEPTIONS . The provisn of pargh
8 (1) shal not aply in any case in whic the loca
9 educationl agency finds tha
10 (A) their aplicton would be incoste
11 with the public inters;
12 (B) iron and stel are not produce in the
13 United States in suficent and reasonbly
14 avilbe quanties and of a satifcory qual-
15 ity; or
16 (C) incluso of iron and stel produce in
17 the United States wil increas the cost of the
18 overal project contra by more than 25 per-
19 cent.
20 (k) A PPLICATION OF GEPA. The grant progam
21 under this section is an aplicbe progam (as tha term
22 is defin in section 400 of the Genral Education Provi-
23 sion Act (20 U.S.C. 1221)) subject to section 439 of such
24 Act (20 U.S.C. 1232b).
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1 (l) C HARTER S CHOOLS . A loca educationl agency
2 recivng an aloctin under this section shal use an equi-
3 table portin of tha aloctin for alowbe actives ben-
4 efitng charte schol withn its jurisdcton, as detr-
5 mined based on the percntag of studen from low-in-
6 come familes in the schol of the agency who are enrold
7 in charte schol and on the neds of those schol as
8 detrmin by the agency.
9 (m) G REEN S CHOOLS .
10 (1) I N GENERAL . A loca educationl agency
11 shal use not les than 25 percnt of the funds re-
12 ceivd under this section for public schol mod-
13 ernizato, renovati, or repais tha are certifd,
14 verifd, or consite with any aplicbe provisn
15 of
16 (A) the LEED Gren Buildng Rating Sys-
17 tem;
18 (B) Energy Star;
19 (C) the CHPS Critera;
20 (D) Gren Globes; or
21 (E) an equivalnt progam adopte by the
22 State or another jurisdcton with authoriy over
23 the loca educationl agency.
24 (2) T ECHNICAL ASSISTANCE . The Secretay,
25 in consultai with the Secretay of Energy and the
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1 Adminstrao of the Envirometal Protecin
2 Agency, shal provide outreach and technial asit-
3 ance to States and schol distrc conerig the
4 best practies in schol modernizat, renovati,
5 and repai, includg those relatd to studen ac-
6 demic achievmnt and studen and staf healt, en-
7 ergy eficny, and enviromtal protecin.
8 (n) Y OUTHBUILD P ROGRAMS . The Secretay of
9 Education, in consultai with the Secretay of Labor,
10 shal work with recipnts of funds under this section to
11 promte aproite oprtunies for particns in a
12 YouthBuild progam (as defin in section 173A of the
13 Workfoce Investm Act of 1998 (29 U.S.C. 2918a) to
14 gain employnt exprinc on modernizat, renovati,
15 and repai projects funde under this section.
16 (o) R EPORTING .
17 (1) R EPORTS BY LOCAL EDUCATIONAL AGEN -
18 CIES . Local educationl agencis recivng a grant
19 under this section shal compile, and submit to the
20 State educationl agency (whic shal compile and
21 submit such repots to the Secretay), a repot de-
22 scribng the projects for whic such funds wer used,
23 includg
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1 (A) the number of public schol in the
2 agency, includg the number of charte
3 schol;
4 (B) the toal amount of funds recivd by
5 the loca educationl agency under this section
6 and the amount of such funds expnd, includ-
7 ing the amount expnd for modernizat,
8 renovati, and repai of charte schol;
9 (C) the number of public schol in the
10 agency with a metro-centri locae code of 41,
11 42, or 43 as detrmin by the National Center
12 for Education Statisc and the percntag of
13 funds recivd by the agency under this section
14 tha wer used for projects at such schol;
15 (D) the number of public schol in the
16 agency tha are eligb for scholwide progams
17 under section 1114 of the Elemntary and Sec-
18 ondary Education Act of 1965 and the percnt-
19 age of funds recivd by the agency under this
20 section tha wer used for projects at such
21 schol;
22 (E) the cost of each project, whic, if any,
23 of the standr describ in subection (k)1)
24 the project met, and any demonstrabl or ex-
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1 pectd acdemi, enrgy, or enviromtal ben-
2 efits as a result of the project;
3 (F) if floring was instaled, whetr
4 (i) it was low- or no-VOC (Volatie
5 Organic Compounds) floring;
6 (i) it was made from sutainble ma-
7 terials; and
8 (i) use of floring describ in clause
9 (i) or (i) was cost efctiv; and
10 (G) the toal number and amount of con-
11 tracs awrde, and the number and amount of
12 contras awrde to loca, smal, minorty-
13 owned, women-owned, and vetran-owned busi-
14 nes.
15 (2) R EPORTS BY SECRETARY . Not later than
16 Decembr 31, 2011, the Secretay of Education
17 shal submit to the Comites on Education and
18 Labor and Approiatns of the House of Rep-
19 resntaiv and the Comites on Health, Edu-
20 cation, Labor, and Pensio and Approiatns of
21 the Senate a repot on grants made under this sec-
22 tion, includg the informat describ in par-
23 graph (1), the types of modernizat, renovati,
24 and repai funde, and the number of studen im-
25 pacted, includg the number of studen counted
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1 under section 1113(a)(5) of the Elemntary and
2 Secondary Education Act of 1965.
3 SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA-
4 TION, AND REPAIR.
5 (a) P URPOSE . Grants awrde under this section

6 shal be for the purose of modernizg, renovatig, and
7 repaing instuo of higer education faciltes tha are
8 primaly used for instruco, resach, or studen hous-
9 ing.
10 (b) G RANTS TO S TATE H IGHER E DUCATION AGEN -
11 CIES .
12 (1) F ORMULA . From the amounts apro-
13 priated to cary out this section, the Secretay of
14 Education shal alocte funds to State higer edu-
15 cation agencis based on the number of studen at-
16 tendig instuo of higer education, with the
17 State higer education agency in each State reciv-
18 ing an amount tha is in protin to the number
19 of ful-time equivalnt undergat studen at-
20 tendig instuo of higer education in such
21 State for the most recnt fiscal year for whic ther
22 are dat avilbe, relativ to the toal number of
23 ful-time equivalnt undergat studen atend-
24 ing instuo of higer education in al States for
25 such fiscal year.
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1 (2) APPLICATION . To be eligb to reciv an
2 aloctin from the Secretay under pargh (1),
3 a State higer education agency shal submit an ap-
4 plicaton to the Secretay at such time and in such
5 maner as the Secretay may reasonbly requi.
6 (3) R EALLOCATION . Amounts alocted to a
7 State higer education agency under this section
8 tha are not obligated by such agency withn 6
9 months of the date the agency recivs such
10 amounts shal be retund to the Secretay, and the
11 Secretay shal realoct such amounts to State
12 higer education agencis in other States on the
13 same basi as the orignal aloctins under par-
14 graph (1)(B).
15 (4) A DMINISTRATION AND OVERSIGHT EX -
16 PENSES . From the amounts aproited to cary
17 out this section, not more than $6,000,000 shal be
18 avilbe to the Secretay for adminstrve and
19 oversight expns relatd to carying out this sec-
20 tion.
21 (c) U SE OF G RANTS BY S TATE H IGHER E DUCATION
22 AGENCIES .
23 (1) S UBGRANTS TO INSTITUTIONS OF HIGER
24 EDUCATION .
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1 (A) I N GENERAL . Except as provide in
2 pargh (2), each State higer education
3 agency recivng an aloctin under subection
4 (b)1) shal use the amount alocted to awrd
5 subgrant to instuo of higer education
6 withn the State to cary out projects in acord-
7 ance with subection (d)1).
8 (B) S UBGRANT AWARD ALLOCATION . A
9 State higer education agency shal awrd sub-
10 grants to instuo of higer education under
11 this section based on the demonstra ned of
12 each instuo for facilty modernizat, ren-
13 ovatin, and repai.
14 (C) P RIORITY CONSIDERATIONS . In
15 awrding subgrant under this section, each
16 State higer education agency shal give pri-
17 ority considerat to instuo of higer edu-
18 cation with any of the folwing charteis:
19 (i) The instuo is eligb for Fed-
20 eral asitnce under tile I or tile V of
21 the Higher Education Act of 1965.
22 (i) The instuo was impacted by a
23 major disater or emrgncy declar by
24 the Presidnt (as defin in section 102(2)
25 of the Robert T. Staford Disater Relief
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1 and Emergncy Assitance Act (42 U.S.C.
2 5122(2), includg an instuo afectd
3 by a Gulf huricane disater, as such term
4 is defin in section 824(g)(1) of the High-
5 er Education Act of 1965 (20 U.S.C.
6 116113(g)(1).
7 (i) The instuo demonstra tha
8 the prosed project or projects to be car-
9 ried out with a subgrant under this section
10 wil increas the enrgy eficny of the in-
11 stiuon s faciltes and comply with the
12 LEED Gren Buildng Rating System.
13 (2) ADMINISTRATIVE AND OVERSIGHT EX -
14 PENSES . Of the aloctin amount recivd under
15 subection (b)1), a State higer education agency
16 may resv not more than 5 percnt of such
17 amount, or $500,000, whicevr is les, for admins-
18 traive and oversight expns relatd to carying
19 out this section.
20 (d) U SE OF S UBGRANTS BY I NSTITUTIONS OF H IGH -
21 ER E DUCATION .
22 (1) P ERMISSIBLE USES OF FUNDS . An instu-
23 tion of higer education recivng a subgrant under
24 this section shal use such subgrant to moderniz,
25 renovat, or repai faciltes of the instuo tha
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1 are primaly used for instruco, resach, or stu-
2 dent housing, whic may include any of the fol-
3 lowing:
4 (A) Repair, replacmnt, or instalo of
5 rofs, elctria wirng, plumbing sytem, sew-
6 age sytem, or lightn sytem.
7 (B) Repair, replacmnt, or instalo of
8 heating, ventilao, or air conditg sytem
9 (includg insulato).
10 (C) Compliance with fire and safety codes,
11 includg
12 (i) profesinal instalo of fire or
13 life safety alrms; and
14 (i) modernizats, renovatis, and
15 repais tha ensur tha the instuo s
16 faciltes are pread for emrgncis,
17 such as improvng buildng infrastuce
18 to acomdte security measur.
19 (D) Retrofing necsary to increas the
20 enrgy eficny of the instuo s faciltes.
21 (E) Renovatis to the instuo s facil-
22 ties necsary to comply with acesiblty re-
23 quiremnts in the Americans with Disabilte
24 Act of 1990 (42 U.S.C. 12101 et seq.) and sec-
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January 15, 2009 (4:02 a.m.)
192
1 tion 504 of the Rehabilton Act of 1973 (29
2 U.S.C. 794).
3 (F) Abatemn or removal of asbeto from
4 the instuo s faciltes.
5 (G) Modernizato, renovati, and repai
6 relating to improvng scien and engir
7 laborties, libraes, and instrucoal facil-
8 ties.
9 (H) Upgradin or instalo of edu-
10 cationl technolgy infrastuce.
11 (I) Instalio or upgradin of renwabl
12 enrgy genratio and heating sytem, includ-
13 ing solar, photvlaic, wind, biomas (includg
14 wod pelt), or geothrmal sytem, or comp-
15 nets of such sytem.
16 (J) Other modernizat, renovati, or re-
17 pair projects tha are primaly for instruco,
18 resach, or studen housing.
19 (2) G REEN SCHOOL REQUIREMENT . An inst-
20 tuion of higer education recivng a subgrant
21 under this section shal use not les than 25 percnt
22 of such subgrant to cary out projects for mod-
23 ernizato, renovati, or repai tha are certifd,
24 verifd, or consite with the aplicbe provisn
25 of
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1 (A) the LEED Gren Buildng Rating Sys-
2 tem;
3 (B) Energy Star;
4 (C) the CHPS Critera;
5 (D) Gren Globes; or
6 (E) an equivalnt progam adopte by the
7 State or the State higer education agency.
8 (3) P ROHIBITED USES OF FUNDS . No funds
9 awrde under this section may be used for
10 (A) the maintec of sytem, equip-
11 ment, or faciltes, includg maintec aso-
12 ciated with any permisbl use of funds de-
13 scribed in pargh (1);
14 (B) modernizat, renovati, or repai of
15 stadium or other faciltes primaly used for
16 athleic contes or exhibtons or other evnts
17 for whic admison is charged to the genral
18 public;
19 (C) modernizat, renovati, or repai of
20 faciltes
21 (i) used for sectarin instruco, reli-
22 gious worship, or a schol or departmn
23 of divnty; or
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1 (i) in whic a subtanil portin of
2 the functios of the faciltes are submed
3 in a religous mison; or
4 (D) construi of new faciltes.
5 (4) U SE IT OR LOSE IT REQUIREMENTS .
6 (A) D EADLINE FOR BINDING COMMIT -
7 MENTS . Each instuo of higer education
8 recivng a subgrant under this section shal
9 entr into contras or other bindg comit-
10 ments not later than 1 year after the date of
11 the enactm of this Act (or not later than 9
12 months after the subgrant is awrde, if later)
13 to make use of 50 percnt of the funds awrd-
14 ed, and shal entr into contras or other bind-
15 ing comitens not later than 2 years after
16 the date of the enactm of this Act (or not
17 later than 21 months after the subgrant is
18 awrde, if later) to make use of the remaing
19 funds. In the case of actives to be caried out
20 directly by an instuo of higer education re-
21 ceivng such a subgrant (rathe than by con-
22 tracs, subgrant, or other arngemts with
23 third parties), a certifaon by the instuo
24 specifyng the amounts, planed timng, and
25 purose of such expnditurs shal be dem a
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1 bindg comiten for purose of this sec-
2 tion.
3 (B) R EDISTRIBUTION OF UNCOMMITTED
4 FUNDS . A State higer education agency shal

5 recov or deobligat any subgrant funds not
6 comited in acordne with subpargh
7 (A), and redistbu such funds to other inst-
8 tuions of higer education tha are
9 (i) eligb for subgrant under this
10 section; and
11 (i) able to make use of such funds in
12 a timely maner (includg bindg com-
13 mitens withn 120 days after the re-
14 aloctin).
15 (e) A PPLICATION OF GEPA. The grant progam au-
16 thorized in this section is an aplicbe progam (as tha
17 term is defin in section 400 of the Genral Education
18 Provisn Act (20 U.S.C. 1221)) subject to section 439
19 of such Act (20 U.S.C. 1232b). The Secretay shal, not-
20 withsandg section 437 of such Act (20 U.S.C. 1232)
21 and section 553 of tile 5, United States Code, establih
22 such progam rules as may be necsary to implent
23 such grant progam by notice in the Fedral Register.
24 (f) R EPORTING .
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1 (1) R EPORTS BY INSTITUTIONS . Not later
2 than Septembr 30, 2011, each instuo of higer
3 education recivng a subgrant under this section
4 shal submit to the State higer education agency
5 awrding such subgrant a repot describng the
6 projects for whic such subgrant was recivd, in-
7 cluding
8 (A) a descripton of each project caried
9 out, or planed to be caried out, with such
10 subgrant, includg the types of modernizat,
11 renovati, and repai to be completd by each
12 such project;
13 (B) the toal amount of funds recivd by
14 the instuo under this section and the
15 amount of such funds expnd, as of the date
16 of the repot, on the such projects;
17 (C) the actul or planed cost of each such
18 project and any demonstrabl or expctd ac-
19 demic, enrgy, or enviromtal benfits result-
20 ing from such project; and
21 (D) the toal number of contras, and
22 amount of fundig for such contras, awrde
23 by the instuo to cary out such projects, as
24 of the date of such repot, includg the num-
25 ber of contras, and amount of fundig for
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1 such contras, awrde to loca, smal, minor-
2 ity-owned, women-owned, and vetran-owned
3 busine, as such terms are defin by the
4 Smal Busine Act.
5 (2) R EPORTS BY STATES . Not later than De-
6 cembr 31, 2011, each State higer education agen-
7 cy recivng a grant under this section shal submit
8 to the Secretay a repot contaig a compilatn of
9 al of the repots under pargh (1) submited to
10 the agency by instuo of higer education.
11 (3) R EPORTS BY THE SECRETARY . Not later
12 than March 31, 2012, the Secretay shal submit to
13 the Comite on Education and Labor in the
14 House of Represntaiv and the Comite on
15 Health, Education, Labor, and Pensio in the Sen-
16 ate and Comites on Approiatns of the House
17 of Represntaiv and the Senate a repot on
18 grants and subgrant made under this section, in-
19 cluding the informat describ in pargh (1).
20 (g) D EFINITIONS . In this section:
21 (1) C HPS CRITERIA . The term CHPS Cri-
22 teria means the gren buildng rating progam de-
23 velopd by the Colabortive for High Perfomance
24 Schols.
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1 (2) E NERGY STAR . The term Energy Star
2 means the Energy Star progam of the United
3 States Departmen of Energy and the United States
4 Envirometal Protecin Agency.
5 (3) G REEN GLOBES . The term Gren
6 Globes means the Gren Buildng Initave envi-
7 ronmetal design and rating sytem refd to as
8 Gren Globes.
9 (4) I NSTITUTION OF HIGER EDUCATION . The
10 term instuo of higer education has the
11 meanig given such term in section 101 of the High-
12 er Education Act of 1965.
13 (5) LEED GREN BUILDING RATING SYS -
14 TEM . The term LEED Gren Buildng Rating
15 System means the United States Gren Buildng
16 Council Leadership in Energy and Envirometal
17 Design gren buildng rating standr refd to as
18 the LEED Gren Buildng Rating System.
19 (6) S ECRETARY . The term Secretay means
20 the Secretay of Education.
21 (7) S TATE . 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) S TATE HIGER EDUCATION AGENCY . The
25 term State higer education agency has the mean-
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January 15, 2009 (4:02 a.m.)
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 amend
6 (1) in clause (i), by strikng $2,090,000,000
7 and insertg $2,733,000,000 ; and
8 (2) in clause (i), by strikng $3,030,000,000
9 and insertg $3,861,000,000 .
10 SEC. 9304. INCREASE STUDENT LOAN LIMITS.
11 (a) A MENDMENTS . Section 428H(d) of the Higher

12 Education Act of 1965 (20 U.S.C. 1078-8(d) is amend-
13 ed
14 (1) in pargh (3)
15 (A) in subpargh (A), by strikng
16 $2,000 and insertg $4,000 ; and
17 (B) in subpargh (B), by strikng
18 $31,000 and insertg $39,000 ; and
19 (2) in pargh (4)
20 (A) in subpargh (A)
21 (i) in clause (i)I and clause (i)I,
22 by strikng $6,000 each place it apers
23 and insertg $8,000 ; and
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1 (i) in clause (i)I and clause
2 (i)I, by strikng $7,000 each place it
3 apers and insertg $9,000 ; and
4 (B) in subpargh (B), by strikng
5 $57,500 and insertg $65,500 .
6 (b) E FECTIVE D ATE . The amendts made by
7 this section shal be efctiv for loans first disbure on
8 or after Janury 1, 2009.
9 SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE.
10 (a) T EMPORARY CALCULATION R ULE . Section

11 438(b)(2)(I of the Higher Education Act of 1965 (20
12 U.S.C. 1087-1(b)(2)(I is amend by ading at the end
13 the folwing new clause:
14 (vi) T EMPORARY CALCULATION
15 RULE DURING UNSTABLE COMMERCIAL
16 PAPER MARKETS .
17 (I) C ALCULATION BASED ON
18 LIBOR . For the calendr quarte be-

19 gin on October 1, 2008, and end-
20 ing on Decembr 31, 2008, in com-
21 puting the special alownce paid pur-
22 suant to this subection with respct
23 to loans for whic the first disbure-
24 ment is made on or after Janury 1,
25 2000, clause (i)I of this subpar-
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1 graph shal be aplied by subting
2 the rate tha is the averg rate of
3 the 3-month Londo Inter Bank Of-
4 ferd Rate (LIBOR) for United
5 States dolars in efct for each of the
6 days in such quarte as compiled and
7 relasd by the Britsh Bankers Asso-
8 ciaton, minus 0.13 percnt, for the
9 averg of the bond equivalnt rates
10 of the quotes of the 3-month comer-
11 cial paer (finacl) rates in efct
12 for each of the days in such quarte
13 as repotd by the Fedral Reserv in
14 Publicaton H-15 (or its suceor) for
15 such 3-month period .
16 (I) P ARTICIPATION INTER -
17 ESTS . Notwihsandg subclae (I)
18 of this clause, the special alownce
19 paid on any loan held by a lendr tha
20 has sold particon inters in
21 such loan to the Secretay shal be the
22 rate computed under this subpar-
23 graph withou regad to subclae (I)
24 of this clause, unles the lendr agres
25 tha the particn s yield with re-
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1 spect to such particon inters is
2 to be caluted in acordne with
3 subclae (I) of this clause. .
4 (b) C ONFORMING AMENDMENTS . Section
5 438(b)(2)(I of the Higher Education Act of 1965 (20
6 U.S.C. 1087-1(b)(2)(I is furthe amend
7 (1) in clause (i)I, by strikng such averg
8 bond equivalnt rate and insertg the rate detr-
9 mined under subclae (I) ; and
10 (2) in clause (v)I, by strikng (iv), and
11 (vi) and insertg (iv), (vi), and (vi) .
12 Subtitle D—Related Agencies
13 CORPORATION FOR N ATIONAL AND COMMUNITY S ERVICE
14 OPERATING EXPENSES
15 For an aditonl amount for Operating Expens

16 to cary out the Domestic Volunter Service Act of 1973
17 and the National and Comunity Service Act of 1990
18 (1990 Act ), $160,000,000, whic shal be used to ex-
19 pand existng AmeriCorps grants: Provided, That funds
20 made avilbe under this heading may be used to provide
21 adjustmen to awrds made prio to Septembr 30, 2010
22 in orde to waive the match requimnt authorized in sec-
23 tion 121(e)(4) of part I of subtile C of the 1990 Act,
24 if the Chief Executiv Officer of the Corpoatin for Na-
25 tional and Comunity Service (CEO ) detrmins tha
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1 the grante has reduc capity to met this requimnt:
2 Provided further, That in aditon to requimnts ident-
3 fied herin, funds provide under this heading shal be
4 subject to the terms and condits under whic funds are
5 aproited in fiscal year 2009: Provided further, That
6 the CEO shal provide the Comites on Approiatns
7 of the House of Represntaiv and the Senate a fiscal
8 year 2009 operating plan for the funds aproited under
9 this heading prio to making any Fedral obligatns of
10 such funds in fiscal year 2009, but not later than 90 days
11 after the date of enactm of this Act, and a fiscal year
12 2010 operating plan for such funds prio to making any
13 Fedral obligatns of such funds in fiscal year 2010, but
14 not later than Novembr 1, 2009, tha detail the aloctin
15 of resouc and the increasd number of volunters sup-
16 ported by the AmeriCorps progams: Provided further,
17 That the CEO shal provide to the Comites on Appro-
19 a repot on the actul obligatns, expnditurs, and unob-
20 ligated balnces for each activy funde under this head-
21 ing not later than Novembr 1, 2009, and evry 6 months
22 theraf as long as fundig provide under this heading
23 is avilbe for obligatn or expnditur.
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1 N ATIONAL S ERVICE T RUST
2 ( INCLUDING TRANSFER OF FUNDS )

3 For an aditonl amount for National Service
4 Trust establihd under subtile D of tile I of the Na-
5 tional and Comunity Service Act of 1990 (1990 Act ),
6 $40,000,000, whic shal remain avilbe until expnd:
7 Provided, That the Corpoatin for National and Comu-
8 nity Service may transfe aditonl funds from the
9 amount provide withn Operating Expens for grants
10 made under subtile C of the 1990 Act to this aproi-
11 tion upon detrminao tha such transfe is necsary
12 to suport the actives of natiol servic particns
13 and after notice is transmied to the Comites on Ap-
15 ate: Provided further, That the amount aproited for
16 or transfed to the National Service Trust may be in-
17 vestd under section 145(b) of the 1990 Act withou re-
18 gard to the requimnt to aportin funds under 31
19 U.S.C. 1513(b).
20 S OCIAL S ECURITY ADMINISTRATION
21 LIMITATION ON ADMINISTRATIVE EXPENSES
23 For an aditonl amount for Limitaon on Admin-

24 istrave Expens , $900,000,000, whic shal be used as
25 folws:
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1 (1) $400,000,000 for the construi and aso-
2 ciated cost to establih a new National Computer
3 Center, whic may include leas or purchase of real
4 proety: Provided, That the construi plan and
5 site selction for such centr shal be subject to re-
6 view and aprovl by the Office of Managemt and
7 Budget: Provided further, That the Comites on
8 Approiatns of the House of Represntaiv and
9 the Senate shal be notifed 15 days in advnce of
10 the leas or purchase of such site: Provided further,
11 That such centr shal contiue to be a governmt-
12 operatd facilty; and
13 (2) $500,000,000 for procesing disablty and
14 retimn worklads: Provided, That up to
15 $40,000,000 may be used by the Comisoner of
16 Social Security for healt informat technolgy re-
17 search and actives to facilte the adoptin of
18 elctroni medical recods in disablty claims, in-
19 cluding the transfe of funds to Suplemnta Se-
20 curity Income Program to cary out actives
21 under section 1110 of the Social Security Act.
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1 TITLE X—MILITARY CONSTRUC-
2 TION AND VETERANS AF-
3 FAIRS
4 DEPARTMENT OF DEFENSE
5 M ILITARY CONSTRUCTION , RA
MY
6 For an aditonl amount for Military Construcio,

7 Army , $920,000,000:
Provided, That notwihsadg
8 any other provisn of law, such funds may be obligated
9 and expnd to cary out planig and design and mil-
10 tary construi projects in the United States not other-
11 wise authorized by law: Provided further, That of the
12 amount provide under this heading, $600,000,000 shal
13 be for traing and recuit trop housing, $220,000,000
14 shal be for permant party trop housing, and
15 $100,000,000 shal be for child devlopmnt centrs: Pro-
16 vided further, That not later than 30 days after the date
17 of enactm of this Act, the Secretay of Defens shal
19 of Represntaiv and the Senate an expnditur plan for
20 funds provide under this heading.
21 M ILITARY CONSTRUCTION , NAVY AND M ARINE CORPS
23 Navy and Marine Corps , $350,000,000: Provided, That
24 notwihsadg any other provisn of law, such funds
25 may be obligated and expnd to cary out planig and
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1 design and miltary construi projects in the United
2 States not otherwis authorized by law: Provided further,
3 That of the amount provide under this heading,
4 $170,000,000 shal be for sailor and marine housing and
5 $180,000,000 shal be for child devlopmnt centrs: Pro-
6 vided further, That not later than 30 days after the date
7 of enactm of this Act, the Secretay of Defens shal
9 of Represntaiv and the Senate an expnditur plan for
10 funds provide under this heading.
11 M ILITARY CONSTRUCTION , IRA F ORCE

13 Air Force , $280,000,000:
Provided, That notwih-
14 standig any other provisn of law, such funds may be
15 obligated and expnd to cary out planig and design
16 and miltary construi projects in the United States not
17 otherwis authorized by law: Provided further, That of the
18 amount provide under this heading, $200,000,000 shal
19 be for airmen housing and $80,000,000 shal be for child
20 devlopmnt centrs: Provided further, That not later than
21 30 days after the date of enactm of this Act, the Sec-
22 retay of Defens shal submit to the Comites on Ap-
24 ate an expnditur plan for funds provide under this
25 heading.
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1 M ILITARY CONSTRUCTION , D
EFNSE -WIDE
3 Defens-Wide , $3,750,000,000, for the construi of
4 hospital and ambultory surgey centrs: Provided, That
9 That not later than 30 days after the date of enactm
10 of this Act, the Secretay of Defens shal submit to the
12 atives and the Senate an expnditur plan for funds pro-
13 vide under this heading.
MY N ATIONAL G UARD

16 Army National Guard , $140,000,000: Provided, That
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1 M ILITARY CONSTRUCTION , IRA N ATIONAL G UARD

3 Air National Guard , $70,000,000: Provided, That not-
4 withsandg any other provisn of law, such funds may
5 be obligated and expnd to cary out planig and de-
6 sign and miltary construi projects in the United
MY R ESERVE

15 Army Reserv , $100,000,000: Provided, That notwih-
19 otherwis authorized by law: Provided further, That not
20 later than 30 days after the date of enactm of this Act,
21 the Secretay of Defens shal submit to the Comites
23 Senate an expnditur plan for funds provide under this
24 heading.
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1 M ILITARY CONSTRUCTION , NAVY R ESERVE
3 Navy Reserv , $30,000,000: Provided, That notwih-
12 heading.
13 M ILITARY CONSTRUCTION , IRA F ORCE R ESERVE
15 Air Force Reserv , $60,000,000: Provided, That notwih-
24 heading.
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1 D EPARTMENT OF D EFNSE BASE CLOSURE ACCOUNT
2 1990
3 For an aditonl amount to be deposit into the
4 Departmen of Defens Base Closure Account 1990, es-
5 tablished by section 2906(a)(1) of the Defens Base Clo-
6 sure and Realignmet 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 enactm of this Act, the Secretay of Defens
9 shal submit to the Comites on Approiatns of the
10 House of Represntaiv and the Senate an expnditur
11 plan for funds provide under this heading.
12 DEPARTMENT OF VETERANS AFFAIRS
13 V ETERANS H EALTH ADMINISTRATION
14 MEDICAL FACILITIES
15 For an aditonl amount for Medical Faciltes for

16 no-recuing maintec, includg enrgy projects,
17 $950,000,000:
18 the date of enactm of this Act, the Secretay of Vet-
19 erans Affairs shal submit to the Comites on Appro-
21 an expnditur plan for funds provide under this head-
22 ing.
23 N ATIONAL CEMETERY ADMINISTRATION
24 For an aditonl amount for National Cemetry
25 Adminstrao for monuet and meorial repais,
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1 $50,000,000:
2 the date of enactm of this Act, the Secretay of Vet-
3 erans Affairs shal submit to the Comites on Appro-
5 an expnditur plan for funds provide under this head-
6 ing.
7 TITLE XI—DEPARTMENT OF
8 STATE
9 DEPARTMENT OF STATE
10 ADMINISTRATION OF F OREIGN AFAIRS
11 CAPITAL INVESTMENT FUND
12 For an aditonl amount for Capital Investm

13 Fund , $276,000,000, of whic up to $120,000,000 shal
14 be avilbe for the design and construi of a backup
15 informat manget facilty in the United States to
16 suport mison-crital operatins and projects, and up
17 to $98,527,000 shal be avilbe to cary out the Depart-
18 ment of State s responiblt under the Comprehnsiv
19 National Cyberscuity Initave: Provided, That the Sec-
20 retay of State shal submit to the Comites on Appro-
22 withn 90 days of enactm of this Act a detail spend-
23 ing plan for funds aproited under this heading.
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1 I NTERNATIONAL COMMISSIONS
2 INTERNATIONAL BOUNDARY AND WATER COMMISSION ,
3 UNITED STATES AND MEXICO
4 CONSTRUCTION
6 For an aditonl amount for Construcio for the

7 water quantiy progam to met imedat repai and re-
8 habilton requimnts, $224,000,000: Provided, That
9 up to $2,000,000 may be transfed to, and mergd with,
10 funds avilbe under the heading Interaiol Bound-
11 ary and Water Comison, United States and Mexico
12 Salaries and Expens , and such amount shal be in lieu
13 of amounts avilbe under section 1106 of this Act: Pro-
14 vided, That the Secretay of State shal submit to the
16 atives and the Senate withn 90 days of enactm of this
17 Act a detail spendig plan for funds aproited under
18 this heading.
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1 TITLE XII—TRANSPORTATION,
2 AND HOUSING AND URBAN
3 DEVELOPMENT
4 DEPARTMENT OF TRANSPORTATION
5 F EDERAL AVIATION ADMINISTRATION
6 GRANTS -IN -AID FOR AIRPORTS
7 For an aditonl amount for Grants-in-Aid for Air-

8 ports , to enabl the Secretay of Transporti to make
9 grants for discretonay projects as authorized by sub-
10 chapter I of chapter 471 and subchapter I of chapter 475
11 of tile 49, United States Code, $3,000,000,000: Provided,
12 That such funds shal not be subject to aportinme for-
13 mulas, special aportinme categoris, or minu per-
14 centags under chapter 471: Provided further, That the
15 condits, certifaons, and asurnce requid for
16 grants under subchapter I of chapter 471 of such tile
17 aply: Provided further, That for purose of aplying sec-
18 tion 1104 of this Act to this aproitn, the dealin
19 for grantes to entr into contras or other bindg com-
20 mitens to make use of not les than 50 percnt of the
21 funds awrde shal be 120 days after awrd of the grant.
22 F EDERAL H IGHWAY ADMINISTRATION
23 HIGWAY INFRASTRUCTURE INVESTMENT
24 For projects and actives eligb under section 133

25 of tile 23, United States Code, section 144 of such tile
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215
1 (withou regad to subection (g), and section 103, 119,
2 134, 148, and 149 of such tile, $30,000,000,000, of
3 whic $300,000,000 shal be for India resvation roads
4 under section 204 of such tile; $250,000,000 shal be for
5 park roads and parkwys under section 204 of such tile;
6 $20,000,000 shal be for higway surface transpoi
7 and technolgy traing under section 140(b) of such tile;
8 and $20,000,000 shal be for disavntge busine en-
9 terpis bondig asitnce under section 332(e) of tile
10 49, United States Code: Provided, That the amount set
12 this Act shal not be more than 0.2 percnt of the funds
13 made avilbe under this heading instead of the percnt-
14 age specifd in such section: Provided further, That, after
15 making the set-aside authorized by the previous provis,
16 the funds made avilbe under this heading shal be dis-
17 tribued among the States, and Puerto Rico, American
18 Samoa, Guam, the Virgin Island, and the Comonwealth
19 of the Northen Marian Island, in the same ratio as the
20 obligatn limtaon for fiscal year 2008 was distrbue
21 among the States in acordne with the formula specifd
22 in section 120(a)(6) of divson K of Public Law 110161,
23 but, in the case of the Puerto Rico Highway Program and
24 the Teritoal Highway Program, under section 120(a)(5)
25 of such divson: Provided further, That 45 percnt of the
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1 funds distrbue to a State under this heading shal be
2 subalocted withn the State in the maner and for the
3 purose describ in section 133(d) of tile 23, United
4 States Code, (withou regad to the comparisn to fiscal
5 year 2005 in pargh (2): Provided further, That in
6 selcting projects to be funde, recipnts shal give pri-
7 ority to projects tha can awrd contras withn 120 days
8 of enactm of this Act, are include in an aproved
9 Statewid Transporti Improvent Program (STIP)
10 and/or Metroplian Transporti Improvent Pro-
11 gram (TIP), are projectd for completin withn a thre-
12 year time frame, and are located in econmialy dis-
13 tresd ares as defin by section 301 of the Public
14 Works and Econmi Developmnt Act of 1965, as
15 amend (42 U.S.C. 3161): Provided further, That funds
16 made avilbe under this heading shal be adminster
17 as if aportined under chapter 1 of tile 23, United
18 States Code, excpt for funds made avilbe for India
19 resvation roads and park roads and parkwys whic
20 shal be adminster in acordne with chapter 2 of tile
21 23, United States Code: Provided further, That the Fed-
22 eral share payble on acount of any project or activy
23 caried out with funds made avilbe under this heading
24 shal, at the optin of the recipnt, be up to 100 percnt
25 of the toal cost therof: Provided further, That funds
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1 made avilbe by this Act shal not be obligated for the
2 purose authorized under section 115(b) of tile 23,
3 United States Code: Provided further, That the provisn
4 of section 1101(b) of Public Law 10959 shal aply to
5 funds made avilbe under this heading: Provided further,
6 That, in lieu of the redistbuon requid by section
7 1104(b) of this Act, if les than 50 percnt of the funds
8 made avilbe to each State and terioy under this
9 heading are obligated based on awrde contras withn
10 120 days after the date of distrbuon of those funds to
11 the States and terios, then the portin of the 50 per-
12 cent of the toal fundig distrbue to the State or teri-
13 tory tha has not ben obligated based on awrde con-
14 tracs shal be redistbu, in the maner describ in
15 section 120(c) of divson K of Public Law 110161, to
16 those States and terios tha have obligated, based on
17 awrde contras, at least 50 percnt of the funds made
18 avilbe under this heading and are able to obligate
19 amounts in aditon to those previously distrbue, excpt
20 tha, for those funds subalocted withn the State, if les
21 than 50 percnt of the funds so subalocted withn the
22 State are obligated, based on awrde contras, withn
23 90 days of subaloctin, then the portin of the 50 per-
24 cent of fundig so subalocted tha has not ben obli-
25 gated, based on awrde contras, wil be retund to the
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1 State for use anywher in the State prio to being redis-
2 tribued in acordne with the first part of this provis:
3 Provided further, That, in lieu of the redistbuon re-
4 quired by section 1104(b) of this Act, any funds made
5 avilbe under this heading tha are not obligated, based
6 on awrde contras, by August 1, 2010, shal be redis-
7 tribued, in the maner describ in section 120(c) of div-
8 sion K of Public Law 110161, to those States able to
9 obligate amounts in aditon to those previously distrb-
10 uted, excpt tha funds subalocted withn the State tha
11 are not obligated, based on awrde contras, by July 1,
12 2010, wil be retund to the State for use anywher in
13 the State prio to being redistbu in acordne with
14 the first part of this provis: Provided further, That not-
15 withsandg section 1103 of this Act, funds made avil-
16 able under this heading shal be aportined not later than
17 7 days after the date of enactm of this Act.
18 F EDERAL R AILROAD ADMINISTRATION
19 CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL
20 SERVICE
21 For an aditonl amount for Capital Assitance for

22 Interciy Pasengr Rail Service to enabl the Secretay
23 of Transporti to make grants for capitl cost as au-
24 thorized by chapter 244 of tile 49 United States Code,
25 $300,000,000:
Provided, That notwihsadg section
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1 1103 of this Act, the Secretay shal give prefnc to
2 projects for the repai, rehabilton, upgrade, or pur-
3 chase of railod aset or infrastuce tha can be
4 awrde withn 180 days of enactm of this Act: Pro-
5 vided further, That in awrding grants for the acquiston
6 of a piec of roling stock or locmtive, the Secretay shal
7 give prefnc to FRA-compliant roling stock and loc-
8 motives: Provided further, That the Secretay shal give
9 prefnc to projects tha suport the devlopmnt of
10 intercy hig sped rail servic: Provided further, That the
11 Fedral share shal be, at the optin of the recipnt, up
12 to 100 percnt.
13 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL
14 RAILROAD PASSENGER CORPORATION
15 For an aditonl amount for Capital and Debt

16 Service Grants to the National Railroad Pasengr Cor-
17 poratin (Amtrak) to enabl the Secretay of Transpor-
18 taion to make capitl grants to Amtrak as authorized by
19 section 101(c) of the Pasengr Rail Investm and Im-
20 provemnt Act of 2008 (Public Law 110432),
21 $800,000,000:
Provided, That prioty shal be given to
22 projects for the repai, rehabilton, or upgrade of rail-
23 road aset or infrastuce: Provided further, That noe
24 of the funds under this heading shal be used to subidze
25 the operating lose of Amtrak: Provided further, Notwih-
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220
1 standig section 1103 of this Act, funds made avilbe
2 under this heading shal be awrde not later than 7 days
3 after the date of enactm of this Act.
4 F EDERAL T RANSIT ADMINISTRATION
5 TRANSIT CAPITAL ASSISTANCE
6 For transi capitl asitnce grants,

7 $6,000,000,000, of whic $5,400,000,000 shal be for
8 grants under section 5307 of tile 49, United States Code
9 and shal be aportined in acordne with section 5336
10 of such tile (other than subection (i)1) and (j) but
11 may not be combined or comingled with any other funds
12 aportined under such section 5336, and of whic
13 $600,000,000 shal be for grants under section 5311 of
14 such tile and shal be aportined in acordne with such
15 section 5311 but may not be combined or comingled with
16 any other funds aportined under tha section: Provided,
17 That of the funds provide for section 5311 under this
18 heading, 3 percnt shal be made avilbe for section
19 5311(c)(1): Provided further, That aplicbe chapter 53
20 requimnts shal aply excpt tha the Fedral share of
21 the cost for whic a grant is made under this heading
22 shal be, at the optin of the recipnt, up to 100 percnt:
23 Provided further, In lieu of the requimnts of section
24 1103 of this Act, funds made avilbe under this heading
25 shal be aportined not later than 7 days after the date
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221
1 of enactm of this Act: Provided further, That for pur-
2 pose of aplying section 1104 of this Act to this apro-
3 priaton, the dealin for grantes to entr into contras
4 or other bindg comitens to make use of not les
5 than 50 percnt of the funds awrde shal be 120 days
6 after aportinme: Provided further, That the provisn
7 of section 1101(b) of Public Law 10959 shal aply to
8 funds made avilbe under this heading: Provided further,
9 That notwihsadg any other provisn of law, of the
10 funds aportined in acordne with section 5336, up to
11 thre-quartes of 1 percnt shal be avilbe for admins-
12 traive expns and progam manget oversight and
13 of the funds aportined in acordne with section 5311,
14 up to one-half of 1 percnt shal be avilbe for admins-
15 traive expns and progam manget oversight and
16 both amounts shal remain avilbe for obligatn until
17 Septembr 30, 2012: Provided further, That the precding
18 provis shal aply in lieu of the provisn in section 1106
19 of this Act.
20 FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT
21 For an amount for capitl expnditurs authorized

22 under section 5309(b)(2) of tile 49, United States Code,
23 $2,000,000,000:
Provided, That the Secretay of Trans-
24 portain shal aportin funds under this heading purs-
25 ant to the formula set forth in section 5337 of tile 49,
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1 United States Code: Provided further, That the funds ap-
2 proiated under this heading shal not be comingled
3 with funds avilbe under the Formula and Bus Grants
4 acount: Provided further, In lieu of the requimnts of
5 section 1103 of this Act, funds made avilbe under this
6 heading shal be aportined not later than 7 days after
7 the date of enactm of this Act: Provided further, That
8 for purose of aplying section 1104 of this Act to this
9 aproitn, the dealin for grantes to entr into con-
10 tracs or other bindg comitens to make use of not
11 les than 50 percnt of the funds awrde shal be 120
12 days after aportinme: Provided further, That aplic-
13 ble chapter 53 requimnts shal aply excpt tha the
14 Fedral share of the cost for whic a grant is made under
15 this heading shal be, at the optin of the recipnt, up
16 to 100 percnt: Provided further, That the provisn of
17 section 1101(b) of Public Law 10959 shal aply to funds
18 made avilbe under this heading: Provided further, That
19 notwihsadg any other provisn of law, up to 1 per-
20 cent of the funds under this heading shal be avilbe for
21 adminstrve expns and progam manget over-
22 sight and shal remain avilbe for obligatn until Sep-
23 tembr 30, 2012: Provided further, That the precding
24 provis shal aply in lieu of the provisn in section 1106
25 of this Act.
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1 CAPITAL INVESTMENT GRANTS
2 For an aditonl amount for Capital Investm

3 Grants , as authorized under section 5338(c)(4) of tile
4 49, United States Code, and alocted under section
5 5309(m)(2)(A) of such tile, to enabl the Secretay of
6 Transporti to make discretonay grants as authorized
7 by section 5309(d) and (e) of such tile, $1,000,000,000:
8 Provided, That such amount shal be alocted withou re-
9 gard to the limtaon under section 5309(m)(2)(A)(i:
10 Provided further, That in selcting projects to be funde,
11 prioty shal be given to projects tha are curently in con-
12 strucion or are able to awrd contras based on bids
13 withn 120 days of enactm of this Act: Provided further,
14 That for purose of aplying section 1104 of this Act
15 to this aproitn, the dealin for grantes to entr
16 into contras or other bindg comitens to make use
17 of not les than 50 percnt of the funds awrde shal
18 be 120 days after awrd: Provided further, That the provi-
19 sion of section 1101(b) of Public Law 10959 shal aply
20 to funds made avilbe under this heading: Provided fur-
21 ther, That aplicbe chapter 53 requimnts shal aply,
22 excpt tha notwihsadg any other provisn of law,
23 up to 1 percnt of the funds under this heading shal be
24 avilbe for adminstrve expns and progam man-
25 agemnt oversight and shal remain avilbe for obliga-
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1 tion until Septembr 30, 2012: Provided further, That the
2 precding provis shal aply in lieu of the provisn in
3 section 1106 of this Act.
4 DEPARTMENT OF HOUSING AND URBAN
5 DEVELOPMENT
6 P UBLIC AND I NDIAN H OUSING
7 PUBLIC HOUSING CAPITAL FUND
8 For an aditonl amount for Public Housing Cap-

9 ital Fund to cary out capitl and manget actives
10 for public housing agencis, 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 Secretay of Housing and Urban Developmnt shal dis-
14 tribue at least $4,000,000,000 of this amount by the
15 same formula used for amounts made avilbe in fiscal
16 year 2008: Provided further, That public housing authori-
17 ties shal give prioty to capitl projects tha can awrd
18 contras based on bids withn 120 days from the date
19 the funds are made avilbe to the public housing au-
20 thories: Provided further, That public housing agencis
21 shal give prioty considerat to the rehabilton of va-
22 cant rental units: Provided further, That notwihsadg
23 any other provisn of the Act or regulations, (1) fundig
24 provide herin may not be used for Operating Fund ac-
25 tives pursant to section 9(g) of the Act, and (2) any
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1 resticon of fundig to replacmnt housing use shal
2 be inaplcbe: Provided further, That public housing
3 agencis shal priotze capitl projects underway or al-
4 ready in their 5-year plans: Provided further, That of the
5 amount provide under this heading, the Secretay may
6 obligate up to $1,000,000,000, for competiv grants to
7 public housing authories for actives includg: (1) in-
8 vestmn tha levrag private sector fundig or finac-
9 ing for housing renovatis and enrgy conservati ret-
10 rofit investm; (2) rehabilton of units using sutain-
11 able materils and methods tha improve enrgy eficny,
12 reduc enrgy cost, or presv and improve units with
13 god aces to public transpoi or employnt cen-
14 ters; (3) increas the avilbty of afordble rental hous-
15 ing by expditng rehabilton projects to bring vacnt
16 units into use or by filng the capitl investm gap for
17 redvlopmnt or replacmnt housing projects whic have
18 ben aproved or are otherwis ready to proced but are
19 staled due to the inablty to obtain anticped private
20 capitl; or (4) adres the neds of senior and person
21 with disablte throug improvents to housing and re-
22 lated faciltes whic atrc or promte the cordinate
23 delivry of suportive servic: Provided further, That the
24 Secretay may waive stauory or regulatoy provisn re-
25 lated to the obligatn and expnditur of capitl funds
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1 if necsary to facilte the timely expnditur of funds
2 (excpt for requimnts relatd to fair housing, no-
3 discrmnato, labor standr, and the enviromt).
4 ELDERLY ,DISABLED ,AND SECTION 8 ASSISTED HOUSING
5 ENERGY RETROFIT
6 For grants or loans to owners of proetis recivng

7 project-based asitnce pursant to section 202 of the
8 Housing Act of 1959 (12 U.S.C. 17012), section 811 of
9 the Cransto-Gonzale National Affordable Housing Act
10 (42 U.S.C. 8013), or section 8 of the United States Hous-
11 ing Act of 1937 (42 U.S.C. 1437f), to acomplish enrgy
12 retofi investm, $2,500,000,000: Provided, That such
13 loans or grants shal be provide throug the Office of
14 Affordable Housing Presrvation of the Departmen of
15 Housing and Urban Developmnt, on such terms and con-
16 ditons as the Secretay of Housing and Urban Develop-
17 ment dems aproite: Provided further, That eligb
18 owners must have at least a satifcory manget re-
19 view rating, be in subtanil compliane with aplicbe
20 perfomanc standr and lega requimnts, and com-
21 mit to an aditonl period of afordbilty detrmin by
22 the Secretay: Provided further, That the Secretay shal
23 undertak aproite underwitg and oversight with re-
24 spect to such transcio: Provided further, That the Sec-
25 retay may set aside funds made avilbe under this
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1 heading for an eficny incetv payble upon satifc-
2 tory completin of enrgy retofi investm, and may
3 provide aditonl incetvs if such investm resultd
4 in extraodiny job creation for low-income and very low-
5 income person: Provided further, tha of the funds pro-
6 vide under this heading, 1 percnt shal be avilbe only
7 for stafing, traing, technial asitnce, technolgy,
8 monitrg, resach and evalution actives.
9 NATIVE AMERICAN HOUSING BLOCK GRANTS
10 For an aditonl amount for Native American

11 Housing Block Grants , as authorized under tile I of the
12 Native American Housing Assitance and Self-Determina-
13 tion Act of 1996 (NAHASDA ) (25 U.S.C. 4111 et
14 seq.), $500,000,000:
Provided, That $250,000,000 of the
15 amount aproited under this heading shal be distrb-
16 uted acording to the same fundig formula used in fiscal
17 year 2008: Provided further, That in selcting projects to
18 be funde, recipnts shal give prioty to projects tha
19 can awrd contras based on bids withn 120 days from
20 the date tha funds are avilbe to the recipnts: Pro-
21 vided further, That in alocting the funds aproited
22 under this heading, the Secretay of Housing and Urban
23 Developmnt shal not requi an aditonl action plan
24 from grantes: Provided further, That the Secretay may
25 obligate $250,000,000 of the amount aproited under
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1 this heading for competiv grants to eligb entis tha
2 aply for funds as authorized under NAHASDA: Provided
3 further, That in awrding competiv funds, the Secretay
4 shal give prioty to projects tha wil spur construi
5 and rehabilton and wil creat employnt oprtuni-
6 ties for low-income and unemployd person.
7 COMMUNITY P LANNING AND D EVELOPMENT
8 COMMUNITY DEVELOPMENT FUND
9 For an aditonl amount for Comunity Develop-

10 ment Fund $1,000,000,000, to cary out the comunity
11 devlopmnt block grant progam under tile I of the
12 Housing and Comunity Developmnt Act of 1974 (42
13 U.S.C. 5301 et seq.):Provided, That the amount apro-
14 priated in this pargh shal be distrbue acording
15 to the same fundig formula used in fiscal year 2008: Pro-
16 vided further, That in alocting the funds aproited
17 in this pargh, the Secretay of Housing and Urban
18 Developmnt shal not requi an aditonl action plan
19 from grantes: Provided further, That in selcting projects
20 to be funde, recipnts shal give prioty to projects tha
21 can awrd contras based on bids withn 120 days from
22 the date the funds are made avilbe to the recipnts;
23 Provided further, That in adminsterg funds provide in
24 this pargh, the Secretay may waive any provisn of
25 any staue or regulation tha the Secretay adminster
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January 15, 2009 (4:02 a.m.)
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1 in coneti with the obligatn by the Secretay or the
2 use by the recipnt of thes funds (excpt for requi-
3 ments relatd to fair housing, nodiscrmat, labor
4 standr, and the enviromt), upon a findg tha such
5 waiver is requid to facilte the timely use of such funds
6 and would not be incoste with the overal purose of
7 the staue.
8 For a furthe aditonl amount for Comunity De-
9 velopmnt Fund , $4,190,000,000, to be used for neigh-
10 borhd stabilzon actives relatd to emrgncy as-
11 sitance for the redvlopmnt of abndoe and fore-
12 closed homes as authorized under divson B, tile I of
13 the Housing and Econmi Recovery Act of 2008 (Public
14 Law 110289), of whic
15 (1) not les than $3,440,000,000 shal be alo-
16 cated by a competin for whic eligb entis
17 shal be States, units of genral loca governmt,
18 and noprfit entis or consrtia of noprfit enti-
19 ties: Provided, That the awrd critea for such com-
20 petion shal include grante capity, levragin
21 potenial, targed impact of foreclsu prevntio,
22 and any aditonl factors detrmin by the Sec-
23 retay of Housing and Urban Developmnt: Provided
24 further, tha the Secretay may establih a minu
25 grant size: Provided further, That amounts made
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January 15, 2009 (4:02 a.m.)
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1 avilbe under this Section may be used to (A) es-
2 tablish finacg mechanis for purchase and red-
3 velopmnt of foreclsd-upon homes and residntal
4 proetis, includg such mechanis as soft-sec-
5 onds, loan los resv, and shared-equity loans for
6 low- and moderat-income homebuyrs; (B) purchase
7 and rehabilt homes and residntal proetis
8 tha have ben abndoe or foreclsd upon, in
9 orde to sel or rent such homes and proetis; (C)
10 establih and operat land banks for homes tha
11 have ben foreclsd upon; (D) demolish foreclsd
12 proetis tha have becom blighted struce; and
13 (E) redvlop demolish or vacnt foreclsd pro-
14 ertis in orde to sel or rent such proetis; and
15 (2) up to $750,000,000 shal be awrde by
16 competin to noprfit entis or consrtia of no-
17 profit entis to provide comunity stabilzon as-
18 sitance by (A) acelrting stae and loca govern-
19 ment and noprfit productivy; (B) increasg the
20 scale and eficny of proety transfe of fore-
21 closed and vacnt residntal proetis from fina-
22 cial instuo and governmt entis to qualifed
23 loca housing provides in orde to retun the pro-
24 ertis to productive afordble housing use; (C)
25 buildng industry and proety manget cap-
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1 ity; and (D) partneig with private sector real es-
2 tae devloprs and contras and levragin pri-
3 vate sector capitl: Provided further, That such com-
4 munity stabilzon asitnce shal be provide pri-
5 marily in States and ares with hig rates of de-
6 faults and foreclsu to suport the acquiston, re-
7 habilton and proety manget of single-fam-
8 ily and multi-family homes and to work in partne-
9 ship with the private sector real esta industry and
10 to levrag avilbe private and public funds for
11 those purose: Provided further, That for purose
12 of this pargh qualifed loca housing provides
13 shal be noprfit organizts with demonstra
14 capbiltes in real esta devlopmnt or acquiston
15 and rehabilton or proety manget of single-
16 or multi-family homes, or loca or stae governmts
17 or instrumeal of such governmts: Provided
18 further, That qualifed loca housing provides shal
19 be expctd to utilze and levrag aditonl loca
20 noprfit, governmtal, for-profit and private re-
21 source:
22 Provided further, That in the case of any foreclsu on
23 any dweling or residntal real proety acquired with any
24 amounts made avilbe under this heading, any suceor
25 in inters in such proety pursant to the foreclsu
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1 shal asume such inters subject to (1) the provisn
2 by such suceor in inters of a notice to vacte to any
3 bona fide tena at least 90 days befor the efctiv date
4 of such notice; and (2) the rights of any bona fide tena,
5 as of the date of such notice of foreclsu (A) under any
6 bona fide leas entrd into befor the notice of foreclsu
7 to ocupy the premis until the end of the remaing term
8 of the leas, excpt tha a suceor in inters may termi-
9 nate a leas efctiv on the date of sale of the unit to
10 a purchase who wil ocupy the unit as a primay resi-
11 denc, subject to the recipt by the tena of the 90-day
12 notice under this pargh; or (B) withou a leas or with
13 a leas terminabl at wil under State law, subject to the
14 recipt by the tena of the 90-day notice under this par-
15 graph, excpt tha nothig in this pargh shal afect
16 the requimnts for terminao of any Fedral- or State-
17 subidze tenacy or of any State or loca law tha pro-
18 vides longer time periods or other aditonl protecins
19 for tenas: Provided further, That, for purose of this
20 pargh, a leas or tenacy shal be consider bona fide
21 only if (1) the mortga under the contra is not the
22 tena; (2) the leas or tenacy was the result of an arms-
23 length transcio; and (3) the leas or tenacy requis
24 the recipt of rent tha is not subtanily les than fair
25 market rent for the proety: Provided further, That the
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1 recipnt of any grant or loan from amounts made avil-
2 able under this heading may not refus to leas a dweling
3 unit in housing asited with such loan or grant to a hold-
4 er of a voucher or certifa of eligbty under section
5 8 of the United States Housing Act of 1937 (42 U.S.C.
6 1437f) becaus of the stau of the prosectiv tena as
7 such a holder: Provided further, That in the case of any
8 qualifed foreclsd housing for whic funds made avil-
9 able under this heading are used and in whic a recipnt
10 of asitnce under section 8(o) of the U.S. Housing Act
11 of 1937 resid at the time of acquiston or finacg,
12 the owner and any suceor in inters shal be subject
13 to the leas and to the housing asitnce payments con-
14 trac for the ocupied unit: Provided further, That
15 vacting the proety prio to sale shal not constiue
16 god cause for terminao of the tenacy unles the pro-
17 erty is unmarketbl while ocupied or unles the owner
18 or subeqnt purchase desir the unit for personal or
19 family use: Provided further, That this pargh shal not
20 premt any State or loca law tha provides more protec-
21 tion for tenas: Provided further, That amounts made
22 avilbe under this heading may be used for the cost
23 of demolishng foreclsd housing tha is detrioa or
24 unsafe: Provided further, That the amount for demolitn
25 of such housing may not excd 10 percnt of amounts
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1 alocted under this pargh to States and units of gen-
2 eral loca governmt: Provided further, That no amounts
3 from a grant made under this pargh may be used to
4 demolish any public housing (as such term is defin in
5 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 Econmi Recovery Act of 2008 (Pub-
8 lic Law 110289) is repald.
9 HOME INVESTMENT PARTNERSHIPS PROGRAM
10 For an aditonl amount for HOME Investm

11 Partneship Program as authorized under Title I of the
12 Cransto-Gonzale National Affordable Housing Act (the
13 Act ), $1,500,000,000:
Provided, That the amount apro-
14 priated under this heading shal be distrbue acording
15 to the same fundig formula used in fiscal year 2008: Pro-
16 vided further, That the Secretay of Housing and Urban
17 Developmnt may waive stauory or regulatoy provisn
18 relatd to the obligatn of such funds if necsary to fa-
19 ciltae the timely expnditur of funds (excpt for requi-
20 ments relatd to fair housing, nodiscrmat, labor
21 standr, and the enviromt): Provided further, That
22 in selcting projects to be funde, recipnts shal give pri-
23 ority to projects tha can awrd contras based on bids
24 withn 120 days from the date tha funds are avilbe
25 to the recipnts.
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1 SELF -HELP AND ASSISTED HOMEOWNERSHIP
2 OPPORTUNITY PROGRAM
3 For an aditonl amount for Self-Help and As-

4 sited Homewnrship Opportuniy Program , as author-
5 ized under section 11 of the Housing Opportuniy Pro-
6 gram Extensio Act of 1996, $10,000,000: Provided, That
7 in awrding competiv grant funds, the Secretay of
8 Housing and Urban Developmnt shal give prioty to the
9 provisn and rehabilton of sutainble, afordble sin-
10 gle and multifay units in low-income, hig-ned rual
11 ares: Provided further, That in selcting projects to be
12 funde, grantes shal give prioty to projects tha can
13 awrd contras based on bids withn 120 days from the
14 date the funds are made avilbe to the grante.
15 HOMELESS ASSISTANCE GRANTS
16 For an aditonl amount for Homels Assitance

17 Grants , for the emrgncy sheltr grants progam as au-
18 thorized under subtile B of tile IV of the McKiney-Vento
19 Homels Assitance Act, $1,500,000,000: Provided, That
20 in aditon to homels prevntio actives specifd in
21 the emrgncy sheltr grant progam, funds provide
22 under this heading may be used for the provisn of short-
23 term or mediu-term rental asitnce; housing relocatin
24 and stabilzon servic includg housing search, medi-
25 ation or outreach to proety owners, lega servic, credit
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1 repai, resolutin of security or utily deposit, utily pay-
2 ments, rental asitnce for a final month at a locatin,
3 and moving cost asitnce; or other aproite home-
4 lesn prevntio actives; Provided further, That thes
5 funds shal be alocted pursant to the formula author-
6 ized by section 413 of such Act: Provided further, That
7 the Secretay of Housing and Urban Developmnt may
8 waive stauory or regulatoy provisn relatd to the obli-
9 gation and use of emrgncy sheltr grant funds necsary
10 to facilte the timely expnditur of funds.
11 O FICE OF H EALTHY H OMES AND L EAD H AZARD
12 CONTROL
13 LEAD HAZARD REDUCTION
14 For an aditonl amount for Lead Hazrd Reduc-

15 tion , for the Lead Hazrd Reduction Program as author-
16 ized by section 1011 of the Residental Lead-Based Paint
17 Hazrd Reduction Act of 1992, $100,000,000: Provided,
18 That for purose of enviromtal reviw, pursant to
19 the National Envirometal Policy Act of 1969 (42 U.S.C.
20 4321 et seq.) and other provisn of law tha furthe the
21 purose of such Act, a grant under the Healthy Homes
22 Initave, Operation Lead Elimnato Action Plan
23 (LEAP), or the Lead Technial Studies progam under
24 this heading or under prio aproitns Acts for such
25 purose under this heading, shal be consider to be
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1 funds for a special project for purose of section 305(e)
2 of the Multifamy Housing Property Dispoitn Reform
3 Act of 1994: Provided further, That of the toal amount
4 made avilbe under this heading, $30,000,000 shal be
5 made avilbe on a competiv basi for ares with the
6 higest lead paint abtemn neds.
8 SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING
9 REQUIREMENTS TO ENSURE TRANSPARENCY
10 AND ACCOUNTABILITY.
11 (a) M AINTENANCE OF E FORT . Not later than 30

12 days after the date of enactm of this Act, for each
13 amount tha is distrbue to a State or agency therof
14 from an aproitn in this Act for a coverd progam,
15 the Govern of the State shal certify tha the State wil
16 maint its efort with regad to State fundig for the
17 types of projects tha are funde by the aproitn. As
18 part of this certifaon, the Govern shal submit to the
19 coverd agency a staemn identfyg the amount of
20 funds the State planed to expnd as of the date of enact-
21 ment of this Act from no-Fedral source in the period
22 begin on the date of enactm of this Act throug
23 Septembr 30, 2010, for the types of projects tha are
24 funde by the aproitn.
25 (b) P ERIODIC R EPORTS .
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1 (1) I N GENERAL . Notwihsandg any other
2 provisn of law, each grant recipnt shal submit to
3 the coverd agency from whic they recivd fundig
4 periodc repots on the use of the funds aproited
5 in this Act for coverd progams. Such repots shal
6 be coletd and compiled by the coverd agency and
7 transmied to Congres.
8 (2) C ONTENTS OF REPORTS . For amounts re-
9 ceivd under each coverd progam by a grant re-
10 cipent under this Act, the grant recipnt shal in-
11 clude in the periodc repots informat tracking
12 (A) the amount of Fedral funds apro-
13 priated, alocted, obligated, and outlayed under
14 the aproitn;
15 (B) the number of projects tha have ben
16 put out to bid under the aproitn and the
17 amount of Fedral funds asocited with such
18 projects;
19 (C) the number of projects for whic con-
20 tracs have ben awrde under the aproi-
21 tion and the amount of Fedral funds asoci-
22 ated with such contras;
23 (D) the number of projects for whic work
24 has begun under such contras and the
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1 amount of Fedral funds asocited with such
2 contras;
3 (E) the number of projects for whic work
4 has ben completd under such contras and
5 the amount of Fedral funds asocited with
6 such contras;
7 (F) the number of jobs creatd or su-
8 tained by the Fedral funds provide for
9 projects under the aproitn, includg in-
10 formatin on job sector and pay levs; and
11 (G) for each coverd progam repot infor-
12 mation tracking the actul agret expndi-
13 tures by each grant recipnt from no-Fedral
14 source for projects eligb for fundig under
15 the progam during the period begin on the
16 date of enactm of this Act throug Sep-
17 tembr 30, 2010, as compared to the lev of
18 such expnditurs tha wer planed to ocur
19 during such period as of the date of enactm
20 of this Act.
21 (3) T IMING OF REPORTS . Each grant recipnt
22 shal submit the first of the periodc repots requid
23 under this subection not later than 30 days after
24 the date of enactm of this Act and shal submit
25 update repots not later than 60 days, 120 days,
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1 180 days, 1 year, and 3 years after such date of en-
2 actmen.
3 (c) D EFINITIONS . In this section, the folwing defi-
4 nitos aply:
5 (1) C OVERED AGENCY . The term coverd
6 agency means the Fedral Aviaton Adminstrao,
7 the Fedral Highway Adminstrao, the Fedral
8 Railroad Adminstrao, and the Fedral Transit
9 Adminstrao of the Departmen of Transpor-
10 taion.
11 (2) C OVERED PROGRAM . The term coverd
12 progam means funds aproited in this Act for
13 Grants-in-Aid for Airpots to the Fedral Aviaton
14 Adminstrao; for Highway Infrastuce Invest-
15 ment to the Fedral Highway Adminstrao; for
16 Capital Assitance for Interciy Pasengr Rail
17 Service to the Fedral Railroad Adminstrao; for
18 Transit Capital Assitance , Fixed Guideway In-
19 frastuce Investm , and Capital Investm
20 Grants to the Fedral Transit Adminstrao.
21 (3) G RANT RECIPIENT . The term grant re-
22 cipent means a State or other recipnt of asit-
23 ance provide under a coverd progam in this Act.
24 Such term does not include a Fedral departmn or
25 agency.
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1 SEC. 12002. FHA LOAN LIMITS FOR 2009.
2 (a) L OAN L IMIT F LOOR BASED ON 2008 EVELLS .

3 For mortgaes for whic the mortgae isue credit ap-
4 proval for the borwe during calendr year 2009, if the
5 dolar amount limtaon on the princal obligatn of a
6 mortgae detrmin under section 203(b)(2) of the Na-
7 tional Housing Act (12 U.S.C. 1709(b)(2) for any size
8 residnc for any are is les than such dolar amount lim-
9 itaon tha was in efct for such size residnc for such
10 are for 2008 pursant to section 202 of the Econmi
11 Stimuls Act of 2008 (Public Law 110-185; 122 Stat.
12 620), notwihsadg any other provisn of law, the max-
13 imu dolar amount limtaon on the princal obligatn
14 of a mortgae for such size residnc for such are for
15 purose of such section 203(b)(2) shal be consider (ex-
16 cept for purose of section 255(g) of such Act (12 U.S.C.
17 1715z20(g) to be such dolar amount limtaon in ef-
18 fect for such size residnc for such are for 2008.
19 (b) D ISCRETIONARY AUTHORITY FOR S UB -A
REAS .
20 Notwihsandg any other provisn of law, if the Sec-
21 retay of Housing and Urban Developmnt detrmins, for
22 any georaphic are tha is smaler than an are for whic
23 dolar amount limtaons on the princal obligatn of a
24 mortgae are detrmin under section 203(b)(2) of the
25 National Housing Act, tha a higer such maxiu dolar
26 amount limtaon is warnted for any particul size or
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1 size of residnc in such sub-are by higer median
2 home prices in such sub-are, the Secretay may, for mort-
3 gaes for whic the mortgae isue credit aprovl for
4 the borwe during calendr year 2009, increas the max-
5 imu dolar amount limtaon for such size or size of
6 residnc for such sub-are tha is otherwis in efct (in-
7 cluding pursant to subection (a) of this section), but in
8 no case to an amount tha excds the amount specifd
9 in section 202(a)(2) of the Econmi Stimuls Act of
10 2008.
11 SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009.
12 (a) L OAN L IMIT F LOOR BASED ON 2008 EVELLS .

13 For mortgaes orignated during calendr year 2009, if
14 the limtaon on the maxiu orignal princal obliga-
15 tion of a mortgae tha may purchased by the Fedral
16 National Mortgae Associatn or the Fedral Home Loan
17 Mortgae Corpoatin detrmin under section 302(b)(2)
18 of the Fedral National Mortgae Associatn Charte Act
19 (12 U.S.C. 1717(b)(2) or section 305(a)(2) of the Fed-
20 eral Home Loan Mortgae Corpoatin Act (12 U.S.C.
21 1754(a)(2), respctivly, for any size residnc for any
22 are is les than such maxiu orignal princal obliga-
23 tion limtaon tha was in efct for such size residnc
24 for such are for 2008 pursant to section 201 of the Eco-
25 nomic Stimuls Act of 2008 (Public Law 110-185; 122
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1 Stat. 619), notwihsadg any other provisn of law, the
2 limtaon on the maxiu orignal princal obligatn of
3 a mortgae for such Associatn and Corpoatin for such
4 size residnc for such are shal be such maxiu limta-
5 tion in efct for such size residnc for such are for
6 2008.
7 (b) D ISCRETIONARY AUTHORITY FOR S UB -A
REAS .
8 Notwihsandg any other provisn of law, if the Direc-
9 tor of the Fedral Housing Finace Agency detrmins,
10 for any georaphic are tha is smaler than an are for
11 whic limtaons on the maxiu orignal princal obli-
12 gation of a mortgae are detrmin for the Fedral Na-
13 tional Mortgae Associatn or the Fedral Home Loan
14 Mortgae Corpoatin, tha a higer such maxiu orig-
15 nal princal obligatn limtaon is warnted for any
16 particul size or size of residnc in such sub-are by
17 higer median home prices in such sub-are, the Directo
18 may, for mortgaes orignated during 2009, increas the
19 maxiu orignal princal obligatn limtaon for such
20 size or size of residnc for such sub-are tha is other-
21 wise in efct (includg pursant to subection (a) of this
22 section) for such Associatn and Corpoatin, but in no
23 case to an amount tha excds the amount specifd in
24 the mater folwing the coma in section 201(a)(1)(B)
25 of the Econmi Stimuls Act of 2008.
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1 SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR
2 2009.
3 For mortgaes for whic the mortgae isue credit

4 aprovl for the borwe during calendr year 2009, the
5 second sentc of section 255(g) of the National Housing
6 Act (12 U.S.C. 171520(g) shal be consider to requi
7 tha in no case may the benfits of insurace under such
8 section 255 excd 150 percnt of the maxiu dolar
9 amount in efct under the sixth sentc of section
10 305(a)(2) of the Fedral Home Loan Mortgae Corpoa-
11 tion Act (12 U.S.C. 1454(a)(2).
12 TITLE XIII—STATE FISCAL
13 STABILIZATION FUND
14 DEPARTMENT OF EDUCATION
15 S TATE F ISCAL S TABILIZATION F UND
16 For necsary expns for a State Fiscal Stabilz-

17 tion Fund, $79,000,000,000, whic shal be adminster
18 by the Departmen of Education, of whic
19 $39,500,000,000 shal becom avilbe on July 1, 2009
20 and remain avilbe throug Septembr 30, 2010, and
21 $39,500,000,000 shal becom avilbe on July 1, 2010
22 and remain avilbe throug Septembr 30, 2011: Pro-
23 vided, That the provisn of section 1103 of this Act shal
24 not aply to the funds resvd under section 13001(c)
25 of this tile: Provided further, That the amount made
26 avilbe under section 13001(b) of this tile for admins-
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1 traion and oversight shal take the place of the set-aside
2 under section 1106 of this Act.
4 SEC. 13001. ALLOCATIONS.
5 (a) O UTLYING AREAS . From each year s aproi-

6 tion to cary out this tile, the Secretay of Education
7 shal first alocte one half of 1 percnt to the outlying
8 ares on the basi of their respctiv neds, as detrmin
9 by the Secretay, for actives consite with this tile
10 under such terms and condits as the Secretay may de-
11 termin.
12 (b) A DMINISTRATION AND O VERSIGHT . The Sec-
13 retay may, in aditon, resv up to $12,500,000 each
14 year for adminstro and oversight of this tile, includ-
15 ing for progam evalution.
16 (c) R ESERVATION FOR ADDITIONAL P ROGRAMS .
17 After resving funds under subection (a) and (b), the
18 Secretay shal resv $7,500,000,000 each year for
19 grants under section 13006 and 13007.
20 (d) S TATE ALLOCATIONS . After carying out sub-
21 section (a), (b), and (c), the Secretay shal alocte the
22 remaing funds made avilbe to cary out this tile to
23 the States as folws:
24 (1) 61 percnt on the basi of their relativ
25 poulatin of indvuals aged 5 throug 24.
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1 (2) 39 percnt on the basi of their relativ
2 toal poulatin.
3 (e) S TATE G RANTS . From funds alocted under
4 subection (d), the Secretay shal make grants to the
5 Govern of each State.
6 (f) R EALLOCATION . The Govern shal retun to
7 the Secretay any funds recivd under subection (e) tha
8 the Govern does not obligate withn one year of recivng
9 a grant, and the Secretay shal realoct such funds to
10 the remaing States in acordne with subection (d).
11 SEC. 13002. STATE USES OF FUNDS.
12 (a) E DUCATION F UND .

13 (1) I N GENERAL . For each fiscal year, the
14 Govern shal use at least 61 percnt of the State s
15 aloctin under section 13001 for the suport of el-
16 emntary, secondary, and postecndary education.
17 (2) R ESTORING 2008 STATE SUPPORT FOR EDU -
18 CATION .
19 (A) I N GENERAL . The Govern shal
20 first use the funds describ in pargh (1)
21 (i) to provide the amount of funds,
22 throug the State s princal elmntary
23 and secondary fundig formula, tha is
24 ned to resto State suport for elmn-
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1 tary and secondary education to the fiscal
2 year 2008 lev; and
3 (i) to provide the amount of funds to
4 public instuo of higer education in
5 the State tha is ned to resto State
6 suport for postecndary education to the
7 fiscal year 2008 lev.
8 (B) S HORTFALL . If the Govern detr-
9 mines tha the amount of funds avilbe under
10 pargh (1) is insufcet to resto State
11 suport for education to the levs describ in
12 clause (i) and (i) of subpargh (A), the
13 Govern shal alocte those funds betwn
14 those clause in protin to the relativ short-
15 fal in State suport for the education sector
16 describ in those clause.
17 (3) S UBGRANTS TO IMPROVE BASIC PROGRAMS
18 OPERATED BY LOCAL EDUCATIONAL AGENCIES .

19 After carying out pargh (2), the Govern shal
20 use any funds remaing under pargh (1) to
21 provide loca educationl agencis in the State with
22 subgrant based on their relativ share of fundig
23 under part A of tile I of the Elemntary and Sec-
24 ondary Education Act of 1965 (20 U.S.C. 6311 et
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248
1 seq.) for the most recnt year for whic dat are
2 avilbe.
3 (b) O THER G OVERNMENT S ERVICES . For each fis-
4 cal year, the Govern may use up to 39 percnt of the
5 State s aloctin under section 1301 for public safety and
6 other governmt servic, whic may include asitnce
7 for elmntary and secondary education and public instu-
8 tions of higer education.
9 SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL
10 AGENCIES.
11 (a) I N G ENERAL . A loca educationl agency tha

12 recivs funds under this tile may use the funds for any
13 activy authorized by the Elemntary and Secondary Edu-
14 cation Act of 1965 (20 U.S.C. 6301 et seq.) (ESEA ),
15 the Indivuals with Disabilte Education Act (20 U.S.C.
16 1400 et seq.) (IDEA ), or the Carl D. Perkins Care
17 and Technial Education Act of 2006 (20 U.S.C. 2301
18 et seq.) (the Perkins Act ).
19 (b) P ROHIBITION . A loca educationl agency may
20 not use funds recivd under this tile for capitl projects
21 unles authorized by ESEA, IDEA, or the Perkins Act.
22 SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER
23 EDUCATION.
24 (a) I N G ENERAL . A public instuo of higer edu-

25 cation tha recivs funds under this tile shal use the
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249
1 funds for education and genral expnditurs, and in such
2 a way as to mitgae the ned to raise tuion and fes
3 for in-State studen.
4 (b) P ROHIBITION . An instuo of higer edu-
5 cation may not use funds recivd under this tile to in-
6 creas its endowmt.
7 (c) A DDITIONAL P ROHIBITION . An instuo of
8 higer education may not use funds recivd under this
9 tile for construi, renovati, or facilty repai.
10 SEC. 13005. STATE APPLICATIONS.
11 (a) I N G ENERAL . The Govern of a State desirng

12 to reciv an aloctin under section 13001 shal submit
13 an anul aplicton at such time, in such maner, and
14 contaig such informat as the Secretay may reason-
15 ably requi.
16 (b) F IRST Y EAR APPLICATION . In the first of such
17 aplictons, the Govern shal
18 (1) include the asurnce describ in sub-
19 section (e);
20 (2) provide baselin dat tha demonstra the
21 State s curent stau in each of the ares describ
22 in such asurnce; and
23 (3) describ how the State inteds to use its al-
24 locatin.
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1 (c) S ECOND Y EAR APPLICATION . In the second year
2 aplicton, the Govern shal
3 (1) include the asurnce describ in sub-
4 section (e); and
5 (2) describ how the State inteds to use its al-
6 locatin.
7 (d) I NCENTIVE G RANT APPLICATION . The Govern
8 of a State seking a grant under section 13006 shal
9 (1) submit an aplicton for considerat;
10 (2) describ the stau of the State s proges
11 in each of the ares describ in subection (e), and
12 the straegi the State is employing to help ensur
13 tha hig-ned studen in the State contiue mak-
14 ing proges towards meting the State s studen
15 acdemi achievmnt standr;
16 (3) describ how the State would use its grant
17 fundig, includg how it wil alocte the funds to
18 give prioty to hig-ned schol and loca edu-
19 cationl agencis; and
20 (4) include a plan for evaluting its proges in
21 closing achievmnt gaps.
22 (e) A SSURANCES . An aplicton under subection
23 (b) or (c) shal include the folwing asurnce:
24 (1) M AINTENANCE OF EFORT .
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251
1 (A) E LEMENTARY AND SECONDARY EDU -
2 CATION . The State wil, in each of fiscal years
3 2009 and 2010, maint State suport for el-
4 mentary and secondary education at least at
5 the lev of such suport in fiscal year 2006.
6 (B) H IGHER EDUCATION . The State wil,
7 in each of fiscal years 2009 and 2010, maint
8 State suport for public instuo of higer
9 education (not includg suport for capitl
10 projects or for resach and devlopmnt) at
11 least at the lev of such suport in fiscal year
12 2006.
13 (2) ACHIEVING EQUITY IN TEACHER DISTRIBU -
14 TION . The State wil take actions to comply with
15 section 1111(b)(8)(C) of ESEA (20 U.S.C.
16 6311(b)(8)(C) in orde to adres inequts in the
17 distrbuon of teachrs betwn hig-and low-pov-
18 erty schol, and to ensur tha low-income and mi-
19 nority children are not taugh at higer rates than
20 other children by inexprcd, unqalifed, or out-
21 of-field teachrs.
22 (3) I MPROVING COLLECTION AND USE OF
23 DATA . The State wil establih a longituda dat

24 sytem tha includes the elmnts describ in sec-
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252
1 tion 6401(e)(2)(D) of the America COMPETES Act
2 (20 U.S.C. 9871).
3 (4) A SSESSMENTS . The State
4 (A) wil enhac the quality of acdemi
5 asemnt describ in section 1111(b)(3) of
6 ESEA (20 U.S.C. 6311(b)(3) throug activ-
7 ties such as those describ in section 6112(a)
8 of such Act (20 U.S.C. 7301a(a); and
9 (B) wil comply with the requimnts of
10 parghs 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 relatd to the incluso of children with disabl-
14 ites and limted English proficent studen in
15 State asemnt, the devlopmnt of valid and
16 reliab asemnt for those studen, and the
17 provisn of acomdtins tha enabl their
18 particon in State asemnt.
19 SEC. 13006. STATE INCENTIVE GRANTS.
20 (a) I N G ENERAL . From the toal amount resvd

21 under section 13001(c) tha is not used for section 13007,
22 the Secretay shal, in fiscal year 2010, make grants to
23 States tha have made signfcat proges in meting the
24 objectivs of parghs (2), (3), and (4) of section
25 13005(e).
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253
1 (b) B ASIS FOR G RANTS . The Secretay shal detr-
2 mine whic States reciv grants under this section, and
3 the amount of those grants, on the basi of informat
4 provide in State aplictons under section 13005 and
5 such other critea as the Secretay detrmins apro-
6 priate.
7 (c) S UBGRANTS TO L OCAL E DUCATIONAL AGEN -
8 CIES . Each State recivng a grant under this section
9 shal use at least 50 percnt of the grant to provide loca
10 educationl agencis in the State with subgrant based on
11 their relativ share of fundig under part A of tile I of
12 ESEA (20 U.S.C. 6311 et seq.) for the most recnt year.
13 SEC. 13007. INNOVATION FUND.
14 (a) I N G ENERAL .
15 (1) P ROGRAM ESTABLISHED . From the toal
16 amount resvd under section 13001(c), the Sec-
17 retay may resv up to $325,000,000 each year to
18 establih an Inovati Fund, whic shal consit of
19 acdemi achievmnt awrds tha recogniz States,
20 loca educationl agencis, or schol tha met the
21 requimnts describ in subection (b).
22 (2) B ASIS FOR AWARDS . The Secretay shal
23 make awrds to States, loca educationl agencis,
24 or schol tha have made signfcat gains in clos-
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254
1 ing the achievmnt gap as describ in subection
2 (b)1)
3 (A) to alow such States, loca educationl
4 agencis, and schol to expand their work and
5 serv as models for best practies;
6 (B) to alow such States, loca educationl
7 agencis, and schol to work in partneshi
8 with the private sector and the philantroc
9 comunity; and
10 (C) to identfy and document best practies
11 tha can be shared, and taken to scale based on
12 demonstra suce.
13 (b) E LIGIBILITY . To be eligb for such an awrd,
14 a State, loca educationl agency, or schol shal
15 (1) have signfcatly closed the achievmnt
16 gaps betwn groups of studen describ in section
17 1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2);
18 (2) have excd the State s anul measur-
19 able objectivs consite with such section
20 1111(b)(2) for 2 or more conseutiv years or have
21 demonstra suce in signfcatly increasg stu-
22 dent acdemi achievmnt for al groups of stu-
23 dents describ in such section throug another
24 measur, such as measur describ in section
25 1111(c)(2) of ESEA;
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January 15, 2009 (4:02 a.m.)
255
1 (3) have made signfcat improvent in other
2 ares, such as gradution rates or increasd recuit-
3 ment and placemnt of hig-quality teachrs and
4 schol leadrs, as demonstra with meanigful
5 dat; and
6 (4) demonstra tha they have establihd
7 partneshi with the private sector, whic may in-
8 clude philantroc organizts, and tha the pri-
9 vate sector wil provide matching funds in orde to
10 help bring result to scale.
11 SEC. 13008. STATE REPORTS.
12 For each year of the progam under this tile, a State

13 recivng funds under this tile shal submit a repot to
14 the Secretay, at such time and in such maner as the
15 Secretay may requi, tha describ
16 (1) the use of funds provide under this tile
17 withn the State;
18 (2) how the State distrbue the funds it re-
19 ceivd under this tile;
20 (3) the number of jobs tha the Govern esti-
21 mates wer saved or creatd with funds the State re-
22 ceivd under this tile;
23 (4) tax increas tha the Govern estima
24 wer avertd becaus of the avilbty of funds
25 from this tile;
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256
1 (5) the State s proges in reducing inequts
2 in the distrbuon of teachrs, in implentg a
3 State studen longituda dat sytem, and in devl-
4 oping and implentg valid and reliab ase-
5 ments for limted English proficent studen and
6 children with disablte;
7 (6) the tuion and fe increas for in-State
8 studen imposed by public instuo of higer
9 education in the State during the period of avil-
10 abilty of funds under this tile, and a descripton of
11 any actions taken by the State to limt those in-
12 creas; and
13 (7) the extn to whic public instuo of
14 higer education mainted, increasd, or decras
15 enrolmt of in-State studen, includg studen
16 eligb for Pel Grants or other ned-based finacl
17 asitnce.
18 SEC. 13009. EVALUATION.
19 The Comptrole Genral of the United States shal

20 condut evalutions of the progams under section 13006
21 and 13007 whic shal include, but not be limted to, the
22 critea used for the awrds made, the States selctd for
23 awrds, awrd amounts, how each State used the awrd
24 recivd, and the impact of this fundig on the proges
25 made toward closing achievmnt gaps.
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257
1 SEC. 13010. SECRETARY’S REPORT TO CONGRESS.
2 The Secretay shal submit a repot to the Comite

3 on Education and Labor of the House of Represntaiv,
4 the Comite on Health, Education, Labor, and Pen-
5 sion of the Senate, and the Comites on Approia-
6 tions of the House of Represntaiv and of the Senate,
7 not les than 6 months folwing the submion of State
8 repots, tha evaluts the informat provide in the
9 State repots under section 13008.
10 SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN AS-
11 SISTANCE.
12 No recipnt of funds under this tile shal use such

13 funds to provide finacl asitnce to studen to atend
14 private elmntary or secondary schol.
15 SEC. 13012. DEFINITIONS.
16 Except as otherwis provide in this tile, as used in

17 this tile
18 (1) the term instuo of higer education
19 has the meanig given such term in section 101 of
20 the Higher Education Act of 1965 (20 U.S.C.
21 1001);
22 (2) the term Secretay means the Secretay
23 of Education;
24 (3) the term State means each of the 50
25 States, the Distric of Columbia, and the Comon-
26 wealth of Puerto Rico; and
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1 (4) any other term used in this tile tha is de-
2 fined in section 9101 of ESEA (20 U.S.C. 7801)
3 shal have the meanig given the term in tha sec-
4 tion.
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January 15, 2009 (4:02 a.m.)

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H:\FY 2009 ECON RECOVERY\ECREC05.

XML House Appros Cmte

Making suplemnta aproitns orf job presvation and creation, infra-

IN THE HOUSE OF REPRESENTATIVES

Making suplemnta aproitns orf job presvation and

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

4 This Act may be cited as the American Recovery

2 The table of contes for this Act is as folws:

3 SEC. 3. STATEMENT OF APPROPRIATIONS.

4 The folwing sum in this Act are aproited, out

11 (a) S TATEMENT OF P URPOSES . The purose of

12 F UNDS . The Presidnt and the heads of Fedral depart-

19 In using funds made avilbe in this Act for infra-

4 (a) F ORMULA G RANTS . Formula grants using funds

24 (a) D EADLINE FOR BINDING COMMITMENTS . Each

14 (a) I N G ENERAL . All funds aproited in this Act

24 Unles other provisn is made in this Act (or in other

10 In aditon to funds otherwis made avilbe in this

13 Ther is herby aproited as an aditonl amount

18 None of the funds aproited or otherwis made

23 Each amount aproited or made avilbe in this

5 Each amount in this Act is designat as an emr-

15 SEC. 1201. TRANSPARENCY REQUIREMENTS.

16 (a) R EQUIREMENTS FOR F EDERAL AGENCIES .

25 G RANTS . Each contra awrde or grant isued using

7 (a) R EVIEWS . Any inspector genral of a Fedral

21 VIEWS AND REPORTS.

22 (a) R EVIEWS AND R EPORTS . The Comptrole Gen-

8 The Chairmn of the Council of Econmi Adviser,

15 The Fedral Acquiston Regulation shal aply to

3 SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND

5 Ther is establihd a board to be know as the Re-

11 (a) M EMBERSHIP . The Board shal be compsed of

24 (a) O VERSIGHT . The Board shal cordinate and

2 (a) C OORDINATION OF AUDITS AND I NVESTIGATIONS

3 BY AGENCY I NSPECTORS G ENERAL . The Board shal co-

24 (a) E XECUTIVE D IRECTOR . The Chairmn of the

15 (a) R EQUIREMENT TO E STABLISH W EBSITE . The

6 Inspector genral shal retain indept authoriy

17 ERAL AND STATE AUDITORS.

18 The Board shal cordinate its oversight actives

22 (a) E STABLISHMENT . Ther is establihd a panel

15 Ther is herby aproited to the Board

18 The Board shal termina 12 months after 90 per-

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

5 No contra entrd into using funds made avilbe

2 FICE AND OFFICES OF INSPECTOR GENERAL

4 (a) A CCESS . Each contra awrde using funds

22 AND CONTRACTOR WHISTLEBLOWERS.

23 (a) P ROHIBITION OF R EPRISALS . An employ of

19 FUNDS UNDER THIS ACT . The term no-Fedral

7 For an aditonl amount for Agriculte Buildngs

13 BUILDINGS AND FACILITIES

14 For an aditonl amount for Buildngs and Facil-

23 For an aditonl amount for Salaries and Ex-

4 WATERSHED AND FLOOD PREVENTION OPERATIONS

5 For an aditonl amount for Watershd and Flod

20 For an aditonl amount for Watershd Rehabilt-

5 RURAL COMMUNITY ADVANCEMENT PROGRAM

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an aditonl amount for gros obligatns for

18 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT