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15 February 2009
American Recovery and Reinvestment Act of 2009
Conference Report HR111-16 Part 1
Conference Report HR111-16 Part 2
Conference Report HR111-16 Part 3
Conference Report HR111-16 Part 4
[Congressional Record: February 12, 2009 (House)]
[Page H1307-H1357]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr12fe09-146]
CONFERENCE REPORT ON H.R. 1, AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009
Mr. OBEY submitted the following conference report and statement on
the bill (H.R. 1) making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for the fiscal year ending September 30, 2009, and for
other purposes:
Conference Report (H. Rept. 111-16)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
1) ``making supplemental appropriations for job preservation
and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and
local fiscal stabilization, for the fiscal year ending
September 30, 2009, and for other purposes'', having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Recovery and
Reinvestment Act of 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--APPROPRIATIONS PROVISIONS
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--DEPARTMENT OF DEFENSE
TITLE IV--ENERGY AND WATER DEVELOPMENT
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
TITLE IX--LEGISLATIVE BRANCH
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES
TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
[[Page H1308]]
TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE XIII--HEALTH INFORMATION TECHNOLOGY
TITLE XIV--STATE FISCAL STABILIZATION FUND
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY
TITLE XVI--GENERAL PROVISIONS--THIS ACT
DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER
PROVISIONS
TITLE I--TAX PROVISIONS
TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
TITLE III--PREMIUM ASSISTANCE FOR COBRA BENEFITS
TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY;
MISCELLANEOUS MEDICARE PROVISIONS
TITLE V--STATE FISCAL RELIEF
TITLE VI--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
TITLE VII--LIMITS ON EXECUTIVE COMPENSATION
SEC. 3. PURPOSES AND PRINCIPLES.
(a) Statement of Purposes.--The purposes of this Act
include the following:
(1) To preserve and create jobs and promote economic
recovery.
(2) To assist those most impacted by the recession.
(3) To provide investments needed to increase economic
efficiency by spurring technological advances in science and
health.
(4) To invest in transportation, environmental protection,
and other infrastructure that will provide long-term economic
benefits.
(5) To stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services
and counterproductive state and local tax increases.
(b) General Principles Concerning Use of Funds.--The
President and the heads of Federal departments and agencies
shall manage and expend the funds made available in this Act
so as to achieve the purposes specified in subsection (a),
including commencing expenditures and activities as quickly
as possible consistent with prudent management.
SEC. 4. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 5. EMERGENCY DESIGNATIONS.
(a) In General.--Each amount in this Act is designated as
an emergency requirement and necessary to meet emergency
needs pursuant to section 204(a) of S. Con. Res. 21 (110th
Congress) and section 301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
(b) Pay-as-You-Go.--All applicable provisions in this Act
are designated as an emergency for purposes of pay-as-you-go
principles.
DIVISION A--APPROPRIATIONS PROVISIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2009, and for other purposes,
namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Agriculture Buildings and Facilities and Rental Payments
For an additional amount for ``Agriculture Buildings and
Facilities and Rental Payments'', $24,000,000, for necessary
construction, repair, and improvement activities.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $22,500,000, to remain available until September
30, 2013, for oversight and audit of programs, grants, and
activities funded by this Act and administered by the
Department of Agriculture.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$176,000,000, for work on deferred maintenance at
Agricultural Research Service facilities: Provided, That
priority in the use of such funds shall be given to critical
deferred maintenance, to projects that can be completed, and
to activities that can commence promptly following enactment
of this Act.
Farm Service Agency
salaries and expenses
For an additional amount for ``Farm Service Agency,
Salaries and Expenses,'' $50,000,000, for the purpose of
maintaining and modernizing the information technology
system.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'', $290,000,000, of which $145,000,000
is for necessary expenses to purchase and restore floodplain
easements as authorized by section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) (except that no more than
$30,000,000 of the amount provided for the purchase of
floodplain easements may be obligated for projects in any one
State): Provided, That such funds shall be allocated to
projects that can be fully funded and completed with the
funds appropriated in this Act, and to activities that can
commence promptly following enactment of this Act.
watershed rehabilitation program
For an additional amount for ``Watershed Rehabilitation
Program'', $50,000,000: Provided, That such funds shall be
allocated to projects that can be fully funded and completed
with the funds appropriated in this Act, and to activities
that can commence promptly following enactment of this Act.
Rural Housing Service
rural housing insurance fund program account
For an additional amount for gross obligations for the
principal amount of direct and guaranteed loans as authorized
by title V of the Housing Act of 1949, to be available from
funds in the rural housing insurance fund, as follows:
$1,000,000,000 for section 502 direct loans; and
$10,472,000,000 for section 502 unsubsidized guaranteed
loans.
For an additional amount for the cost of direct and
guaranteed loans, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of
1974, as follows: $67,000,000 for section 502 direct loans;
and $133,000,000 for section 502 unsubsidized guaranteed
loans.
rural community facilities program account
For an additional amount for the cost of direct loans and
grants for rural community facilities programs as authorized
by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $130,000,000.
Rural Business--Cooperative Service
rural business program account
For an additional amount for the cost of guaranteed loans
and grants as authorized by sections 310B(a)(2)(A) and
310B(c) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932), $150,000,000.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the cost of direct loans and
grants for the rural water, waste water, and waste disposal
programs authorized by sections 306 and 310B and described in
section 381E(d)(2) of the Consolidated Farm and Rural
Development Act, $1,380,000,000.
distance learning, telemedicine, and broadband program
For an additional amount for the cost of broadband loans
and loan guarantees, as authorized by the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for
grants (including for technical assistance), $2,500,000,000:
Provided, That the cost of direct and guaranteed loans shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That, notwithstanding title VI of
the Rural Electrification Act of 1936, this amount is
available for grants, loans and loan guarantees for broadband
infrastructure in any area of the United States: Provided
further, That at least 75 percent of the area to be served by
a project receiving funds from such grants, loans or loan
guarantees shall be in a rural area without sufficient access
to high speed broadband service to facilitate rural economic
development, as determined by the Secretary of Agriculture:
Provided further, That priority for awarding such funds shall
be given to project applications for broadband systems that
will deliver end users a choice of more than one service
provider: Provided further, That priority for awarding funds
made available under this paragraph shall be given to
projects that provide service to the highest proportion of
rural residents that do not have access to broadband service:
Provided further, That priority shall be given for project
applications from borrowers or former borrowers under title
II of the Rural Electrification Act of 1936 and for project
applications that include such borrowers or former borrowers:
Provided further, That priority for awarding such funds shall
be given to project applications that demonstrate that, if
the application is approved, all project elements will be
fully funded: Provided further, That priority for awarding
such funds shall be given to project applications for
activities that can be completed if the requested funds are
provided: Provided further, That priority for awarding such
funds shall be given to activities that can commence promptly
following approval: Provided further, That no area of a
project funded with amounts made available under this
paragraph may receive funding to provide broadband service
under the Broadband Technology Opportunities Program:
Provided further, That the Secretary shall submit a report on
planned spending and actual obligations describing the use of
these funds not later than 90 days after the date of
enactment of this Act, and quarterly thereafter until all
funds are obligated, to the Committees on Appropriations of
the House of Representatives and the Senate.
food and nutrition service child nutrition programs
For an additional amount for the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et. seq.), except sections 17 and 21, $100,000,000, to
carry out a grant program for National School Lunch Program
equipment assistance: Provided, That such funds shall be
provided to States administering a school lunch program in a
manner proportional with each State's administrative expense
allocation: Provided further, That the States shall provide
competitive grants to school food authorities based upon the
need for equipment assistance in participating schools with
priority given to schools in which not less than 50 percent
of the students are eligible for free or reduced price meals
under the Richard B. Russell National School Lunch Act.
[[Page H1309]]
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the special supplemental
nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $500,000,000, of
which $400,000,000 shall be placed in reserve to be allocated
as the Secretary deems necessary, notwithstanding section
17(i) of such Act, to support participation should cost or
participation exceed budget estimates, and of which
$100,000,000 shall be for the purposes specified in section
17(h)(10)(B)(ii): Provided, That up to one percent of the
funding provided for the purposes specified in section
17(h)(10)(B)(ii) may be reserved by the Secretary for Federal
administrative activities in support of those purposes.
commodity assistance program
For an additional amount for the emergency food assistance
program as authorized by section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7508(a)(1)), $150,000,000: Provided, That of the funds
made available, the Secretary may use up to $50,000,000 for
costs associated with the distribution of commodities, of
which up to $25,000,000 shall be made available in fiscal
year 2009.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Temporary Increase in Benefits Under the
Supplemental Nutrition Assistance Program. (a) Maximum
Benefit Increase.--
(1) In general.--Beginning the first month that begins not
less than 25 days after the date of enactment of this Act,
the value of benefits determined under section 8(a) of the
Food and Nutrition Act of 2008 and consolidated block grants
for Puerto Rico and American Samoa determined under section
19(a) of such Act shall be calculated using 113.6 percent of
the June 2008 value of the thrifty food plan as specified
under section 3(o) of such Act.
(2) Termination.--
(A) The authority provided by this subsection shall
terminate after September 30, 2009.
(B) Notwithstanding subparagraph (A), the Secretary of
Agriculture may not reduce the value of the maximum
allotments, minimum allotments or consolidated block grants
for Puerto Rico and American Samoa below the level in effect
for fiscal year 2009 as a result of paragraph (1).
(b) Requirements for the Secretary.--In carrying out this
section, the Secretary shall--
(1) consider the benefit increases described in subsection
(a) to be a ``mass change'';
(2) require a simple process for States to notify
households of the increase in benefits;
(3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors
in the implementation of this section, without regard to the
120-day limit described in that section;
(4) disregard the additional amount of benefits that a
household receives as a result of this section in determining
the amount of overissuances under section 13 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2022); and
(5) set the tolerance level for excluding small errors for
the purposes of section 16(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2009.
(c) Administrative Expenses.--
(1) In general.--For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the Secretary shall make available
$145,000,000 in fiscal year 2009 and $150,000,000 in fiscal
year 2010, of which $4,500,000 is for necessary expenses of
the Food and Nutrition Service for management and oversight
of the program and for monitoring the integrity and
evaluating the effects of the payments made under this
section.
(2) Timing for fiscal year 2009.--Not later than 60 days
after the date of enactment of this Act, the Secretary shall
make available to States amounts for fiscal year 2009 under
paragraph (1).
(3) Allocation of funds.--Except as provided for management
and oversight, funds described in paragraph (1) shall be made
available as grants to State agencies for each fiscal year as
follows:
(A) 75 percent of the amounts available for each fiscal
year shall be allocated to States based on the share of each
State of households that participate in the supplemental
nutrition assistance program as reported to the Department of
Agriculture for the most recent 12-month period for which
data are available, adjusted by the Secretary (as of the date
of enactment) for participation in disaster programs under
section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)); and
(B) 25 percent of the amounts available for each fiscal
year shall be allocated to States based on the increase in
the number of households that participate in the supplemental
nutrition assistance program as reported to the Department of
Agriculture over the most recent 12-month period for which
data are available, adjusted by the Secretary (as of the date
of enactment) for participation in disaster programs under
section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)).
(d) Food Distribution Program on Indian Reservations.--For
the costs relating to facility improvements and equipment
upgrades associated with the Food Distribution Program on
Indian Reservations, as established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)), the
Secretary shall make available $5,000,000: Provided, That
administrative cost-sharing requirements are not applicable
to funds provided in accordance with this provision.
(e) Treatment of Jobless Workers.--
(1) Remainder of fiscal year 2009 through fiscal year
2010.--Beginning with the first month that begins not less
than 25 days after the date of enactment of this Act and for
each subsequent month through September 30, 2010, eligibility
for supplemental nutrition assistance program benefits shall
not be limited under section 6(o)(2) of the Food and
Nutrition Act of 2008 unless an individual does not comply
with the requirements of a program offered by the State
agency that meets the standards of subparagraphs (B) or (C)
of that paragraph.
(2) Fiscal year 2011 and thereafter.--Beginning on October
1, 2010, for the purposes of section 6(o) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency
shall disregard any period during which an individual
received benefits under the supplemental nutrition assistance
program prior to October 1, 2010.
(f) Funding.--There are appropriated to the Secretary out
of funds of the Treasury not otherwise appropriated such sums
as are necessary to carry out this section.
Sec. 102. Agricultural Disaster Assistance Transition. (a)
Federal Crop Insurance Act. Section 531(g) of the Federal
Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at
the end the following:
``(7) 2008 transition assistance.--
``(A) In general.--Eligible producers on a farm described
in subparagraph (A) of paragraph (4) that failed to timely
pay the appropriate fee described in that subparagraph shall
be eligible for assistance under this section in accordance
with subparagraph (B) if the eligible producers on the farm--
``(i) pay the appropriate fee described in paragraph (4)(A)
not later than 90 days after the date of enactment of this
paragraph; and
``(ii)(I) in the case of each insurable commodity of the
eligible producers on the farm, excluding grazing land, agree
to obtain a policy or plan of insurance under subtitle A
(excluding a crop insurance pilot program under that
subtitle) for the next insurance year for which crop
insurance is available to the eligible producers on the farm
at a level of coverage equal to 70 percent or more of the
recorded or appraised average yield indemnified at 100
percent of the expected market price, or an equivalent
coverage; and
``(II) in the case of each noninsurable commodity of the
eligible producers on the farm, agree to file the required
paperwork, and pay the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program for the next year for which a policy is available.
``(B) Amount of assistance.--Eligible producers on a farm
that meet the requirements of subparagraph (A) shall be
eligible to receive assistance under this section as if the
eligible producers on the farm--
``(i) in the case of each insurable commodity of the
eligible producers on the farm, had obtained a policy or plan
of insurance for the 2008 crop year at a level of coverage
not to exceed 70 percent or more of the recorded or appraised
average yield indemnified at 100 percent of the expected
market price, or an equivalent coverage; and
``(ii) in the case of each noninsurable commodity of the
eligible producers on the farm, had filed the required
paperwork, and paid the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program for the 2008 crop year, except that in determining
the level of coverage, the Secretary shall use 70 percent of
the applicable yield.
``(C) Equitable relief.--Except as provided in subparagraph
(D), eligible producers on a farm that met the requirements
of paragraph (1) before the deadline described in paragraph
(4)(A) and are eligible to receive, a disaster assistance
payment under this section for a production loss during the
2008 crop year shall be eligible to receive an amount equal
to the greater of--
``(i) the amount that would have been calculated under
subparagraph (B) if the eligible producers on the farm had
paid the appropriate fee under that subparagraph; or
``(ii) the amount that would have been calculated under
subparagraph (A) of subsection (b)(3) if--
``(I) in clause (i) of that subparagraph, `120 percent' is
substituted for `115 percent'; and
``(II) in clause (ii) of that subparagraph, `125' is
substituted for `120 percent'.
``(D) Limitation.--For amounts made available under this
paragraph, the Secretary may make such adjustments as are
necessary to ensure that no producer receives a payment under
this paragraph for an amount in excess of the assistance
received by a similarly situated producer that had purchased
the same or higher level of crop insurance prior to the date
of enactment of this paragraph.
``(E) Authority of the secretary.--The Secretary may
provide such additional assistance as the Secretary considers
appropriate to provide equitable treatment for eligible
producers on a farm that suffered production losses in the
2008 crop year that result in multiyear production losses, as
determined by the Secretary.
``(F) Lack of access.--Notwithstanding any other provision
of this section, the Secretary may provide assistance under
this section to eligible producers on a farm that--
``(i) suffered a production loss due to a natural cause
during the 2008 crop year; and
``(ii) as determined by the Secretary--
``(I)(aa) except as provided in item (bb), lack access to a
policy or plan of insurance under subtitle A; or
``(bb) do not qualify for a written agreement because 1 or
more farming practices, which the Secretary has determined
are good farming practices, of the eligible producers on the
farm
[[Page H1310]]
differ significantly from the farming practices used by
producers of the same crop in other regions of the United
States; and
``(II) are not eligible for the noninsured crop disaster
assistance program established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333).''.
(b) Trade Act of 1974.--Section 901(g) of the Trade Act of
1974 (19 U.S.C. 2497(g)) is amended by adding at the end the
following:
``(7) 2008 transition assistance.--
``(A) In general.--Eligible producers on a farm described
in subparagraph (A) of paragraph (4) that failed to timely
pay the appropriate fee described in that subparagraph shall
be eligible for assistance under this section in accordance
with subparagraph (B) if the eligible producers on the farm--
``(i) pay the appropriate fee described in paragraph (4)(A)
not later than 90 days after the date of enactment of this
paragraph; and
``(ii)(I) in the case of each insurable commodity of the
eligible producers on the farm, excluding grazing land, agree
to obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop
insurance pilot program under that Act) for the next
insurance year for which crop insurance is available to the
eligible producers on the farm at a level of coverage equal
to 70 percent or more of the recorded or appraised average
yield indemnified at 100 percent of the expected market
price, or an equivalent coverage; and
``(II) in the case of each noninsurable commodity of the
eligible producers on the farm, agree to file the required
paperwork, and pay the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program for the next year for which a policy is available.
``(B) Amount of assistance.--Eligible producers on a farm
that meet the requirements of subparagraph (A) shall be
eligible to receive assistance under this section as if the
eligible producers on the farm--
``(i) in the case of each insurable commodity of the
eligible producers on the farm, had obtained a policy or plan
of insurance for the 2008 crop year at a level of coverage
not to exceed 70 percent or more of the recorded or appraised
average yield indemnified at 100 percent of the expected
market price, or an equivalent coverage; and
``(ii) in the case of each noninsurable commodity of the
eligible producers on the farm, had filed the required
paperwork, and paid the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program for the 2008 crop year, except that in determining
the level of coverage, the Secretary shall use 70 percent of
the applicable yield.
``(C) Equitable relief.--Except as provided in subparagraph
(D), eligible producers on a farm that met the requirements
of paragraph (1) before the deadline described in paragraph
(4)(A) and are eligible to receive, a disaster assistance
payment under this section for a production loss during the
2008 crop year shall be eligible to receive an amount equal
to the greater of--
``(i) the amount that would have been calculated under
subparagraph (B) if the eligible producers on the farm had
paid the appropriate fee under that subparagraph; or
``(ii) the amount that would have been calculated under
subparagraph (A) of subsection (b)(3) if--
``(I) in clause (i) of that subparagraph, `120 percent' is
substituted for `115 percent'; and
``(II) in clause (ii) of that subparagraph, `125' is
substituted for `120 percent'.
``(D) Limitation.--For amounts made available under this
paragraph, the Secretary may make such adjustments as are
necessary to ensure that no producer receives a payment under
this paragraph for an amount in excess of the assistance
received by a similarly situated producer that had purchased
the same or higher level of crop insurance prior to the date
of enactment of this paragraph.
``(E) Authority of the secretary.--The Secretary may
provide such additional assistance as the Secretary considers
appropriate to provide equitable treatment for eligible
producers on a farm that suffered production losses in the
2008 crop year that result in multiyear production losses, as
determined by the Secretary.
``(F) Lack of access.--Notwithstanding any other provision
of this section, the Secretary may provide assistance under
this section to eligible producers on a farm that--
``(i) suffered a production loss due to a natural cause
during the 2008 crop year; and
``(ii) as determined by the Secretary--
``(I)(aa) except as provided in item (bb), lack access to a
policy or plan of insurance under subtitle A; or
``(bb) do not qualify for a written agreement because 1 or
more farming practices, which the Secretary has determined
are good farming practices, of the eligible producers on the
farm differ significantly from the farming practices used by
producers of the same crop in other regions of the United
States; and
``(II) are not eligible for the noninsured crop disaster
assistance program established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333).''.
(c) Farm Operating Loans.--
(1) In general.--For the principal amount of direct farm
operating loans under section 311 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1941), $173,367,000.
(2) Direct farm operating loans.--For the cost of direct
farm operating loans, including the cost of modifying loans,
as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), $20,440,000.
(d) 2008 Aquaculture Assistance.--
(1) Definitions.--In this subsection:
(A) Eligible aquaculture producer.--The term ``eligible
aquaculture producer'' means an aquaculture producer that
during the 2008 calendar year, as determined by the
Secretary--
(i) produced an aquaculture species for which feed costs
represented a substantial percentage of the input costs of
the aquaculture operation; and
(ii) experienced a substantial price increase of feed costs
above the previous 5-year average.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Grant program.--
(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than
$50,000,000, to remain available until September 30, 2010, to
carry out a program of grants to States to assist eligible
aquaculture producers for losses associated with high feed
input costs during the 2008 calendar year.
(B) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall notify the State
department of agriculture (or similar entity) in each State
of the availability of funds to assist eligible aquaculture
producers, including such terms as determined by the
Secretary to be necessary for the equitable treatment of
eligible aquaculture producers.
(C) Provision of grants.--
(i) In general.--The Secretary shall make grants to States
under this subsection on a pro rata basis based on the amount
of aquaculture feed used in each State during the 2007
calendar year, as determined by the Secretary.
(ii) Timing.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall make grants to
States to provide assistance under this subsection.
(D) Requirements.--The Secretary shall make grants under
this subsection only to States that demonstrate to the
satisfaction of the Secretary that the State will--
(i) use grant funds to assist eligible aquaculture
producers;
(ii) provide assistance to eligible aquaculture producers
not later than 60 days after the date on which the State
receives grant funds; and
(iii) not later than 30 days after the date on which the
State provides assistance to eligible aquaculture producers,
submit to the Secretary a report that describes--
(I) the manner in which the State provided assistance;
(II) the amounts of assistance provided per species of
aquaculture; and
(III) the process by which the State determined the levels
of assistance to eligible aquaculture producers.
(3) Reduction in payments.--An eligible aquaculture
producer that receives assistance under this subsection shall
not be eligible to receive any other assistance under the
supplemental agricultural disaster assistance program
established under section 531 of the Federal Crop Insurance
Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974
(19 U.S.C. 2497) for any losses in 2008 relating to the same
species of aquaculture.
(4) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that--
(A) describes in detail the manner in which this subsection
has been carried out; and
(B) includes the information reported to the Secretary
under paragraph (2)(D)(iii).
Sec. 103. For fiscal years 2009 and 2010, in the case of
each program established or amended by the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246),
other than by title I of such Act, that is authorized or
required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for the purpose of
covering salaries and related administrative expenses,
including technical assistance, associated with the
implementation of the program, without regard to the
limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 104. In addition to other available funds, of the
funds made available to the Rural Development mission area in
this title, not more than 3 percent of the funds can be used
for administrative costs to carry out loan, loan guarantee
and grant activities funded in this title, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'': Provided, That of this
amount $1,750,000 shall be committed to agency projects
associated with maintaining the compliance, safety, and
soundness of the portfolio of loans guaranteed through the
section 502 guaranteed loan program.
Sec. 105. Of the amounts appropriated in this title to the
``Rural Housing Service, Rural Community Facilities Program
Account'', the ``Rural Business-Cooperative Service, Rural
Business Program Account'', and the "Rural Utilities Service,
Rural Water and Waste Disposal Program Account'', at least 10
percent shall be allocated for assistance in persistent
poverty counties: Provided, That for the purposes of this
section, the term ``persistent poverty counties'' means any
county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the
1980, 1990, and 2000 decennial censuses.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'', $150,000,000:
[[Page H1311]]
Provided, That $50,000,000 shall be for economic adjustment
assistance as authorized by section 209 of the Public Works
and Economic Development Act of 1965, as amended (42 U.S.C.
3149): Provided further, That in allocating the funds
provided in the previous proviso, the Secretary of Commerce
shall give priority consideration to areas of the Nation that
have experienced sudden and severe economic dislocation and
job loss due to corporate restructuring: Provided further,
That not to exceed 2 percent of the funds provided under this
heading may be transferred to and merged with the
appropriation for ``Salaries and Expenses'' for purposes of
program administration and oversight: Provided further, That
up to $50,000,000 of the funds provided under this heading
may be transferred to federally authorized regional economic
development commissions.
Bureau of the Census
periodic censuses and programs
For an additional amount for ``Periodic Censuses and
Programs'', $1,000,000,000.
National Telecommunications and Information Administration
broadband technology opportunities program
For an amount for ``Broadband Technology Opportunities
Program'', $4,700,000,000: Provided, That of the funds
provided under this heading, not less than $4,350,000,000
shall be expended pursuant to division B of this Act, of
which: not less than $200,000,000 shall be available for
competitive grants for expanding public computer center
capacity, including at community colleges and public
libraries; not less than $250,000,000 shall be available for
competitive grants for innovative programs to encourage
sustainable adoption of broadband service; and $10,000,000
shall be transferred to ``Department of Commerce, Office of
Inspector General'' for the purposes of audits and oversight
of funds provided under this heading and such funds shall
remain available until expended: Provided further, That of
the funds provided under this heading, up to $350,000,000 may
be expended pursuant to Public Law 110-385 (47 U.S.C. 1301
note) and for the purposes of developing and maintaining a
broadband inventory map pursuant to division B of this Act:
Provided further, That of the funds provided under this
heading, amounts deemed necessary and appropriate by the
Secretary of Commerce, in consultation with the Federal
Communications Commission (FCC), may be transferred to the
FCC for the purposes of developing a national broadband plan
or for carrying out any other FCC responsibilities pursuant
to division B of this Act, and only if the Committees on
Appropriations of the House and the Senate are notified not
less than 15 days in advance of the transfer of such funds:
Provided further, That not more than 3 percent of funds
provided under this heading may be used for administrative
costs, and this limitation shall apply to funds which may be
transferred to the FCC.
digital-to-analog converter box program
For an amount for ``Digital-to-Analog Converter Box
Program'', $650,000,000, for additional coupons and related
activities under the program implemented under section 3005
of the Digital Television Transition and Public Safety Act of
2005: Provided, That of the amounts provided under this
heading, $90,000,000 may be for education and outreach,
including grants to organizations for programs to educate
vulnerable populations, including senior citizens, minority
communities, people with disabilities, low-income
individuals, and people living in rural areas, about the
transition and to provide one-on-one assistance to vulnerable
populations, including help with converter box installation:
Provided further, That the amounts provided in the previous
proviso may be transferred to the Federal Communications
Commission (FCC) if deemed necessary and appropriate by the
Secretary of Commerce in consultation with the FCC, and only
if the Committees on Appropriations of the House and the
Senate are notified not less than 5 days in advance of
transfer of such funds.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical
Research and Services'', $220,000,000.
construction of research facilities
For an additional amount for ``Construction of Research
Facilities'', $360,000,000, of which $180,000,000 shall be
for a competitive construction grant program for research
science buildings.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $230,000,000.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $600,000,000.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $6,000,000, to remain available until September
30, 2013.
DEPARTMENT OF JUSTICE
General Administration
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,000,000, to remain available until September
30, 2013.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For an additional amount for ``Violence Against Women
Prevention and Prosecution Programs'', $225,000,000 for
grants to combat violence against women, as authorized by
part T of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg et seq.): Provided, That, $50,000,000
shall be for transitional housing assistance grants for
victims of domestic violence, stalking or sexual assault as
authorized by section 40299 of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322).
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law
Enforcement Assistance'', $2,000,000,000, for the Edward
Byrne Memorial Justice Assistance Grant program as authorized
by subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (``1968 Act''), (except
that section 1001(c), and the special rules for Puerto Rico
under section 505(g), of the 1968 Act, shall not apply for
purposes of this Act).
For an additional amount for ``State and Local Law
Enforcement Assistance'', $225,000,000, for competitive
grants to improve the functioning of the criminal justice
system, to assist victims of crime (other than compensation),
and youth mentoring grants.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $40,000,000, for competitive grants
to provide assistance and equipment to local law enforcement
along the Southern border and in High-Intensity Drug
Trafficking Areas to combat criminal narcotics activity
stemming from the Southern border, of which $10,000,000 shall
be transferred to ``Bureau of Alcohol, Tobacco, Firearms and
Explosives, Salaries and Expenses'' for the ATF Project
Gunrunner.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $225,000,000, for assistance to
Indian tribes, notwithstanding Public Law 108-199, division
B, title I, section 112(a)(1) (118 Stat. 62), which shall be
available for grants under section 20109 of subtitle A of
title II of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322).
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000, to be distributed by
the Office for Victims of Crime in accordance with section
1402(d)(4) of the Victims of Crime Act of 1984 (Public Law
98-473).
For an additional amount for ``State and Local Law
Enforcement Assistance'', $125,000,000, for assistance to law
enforcement in rural States and rural areas, to prevent and
combat crime, especially drug-related crime.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $50,000,000, for Internet Crimes
Against Children (ICAC) initiatives.
Community Oriented Policing Services
For an additional amount for ``Community Oriented Policing
Services'', for grants under section 1701 of title I of the
1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C.
3796dd) for hiring and rehiring of additional career law
enforcement officers under part Q of such title,
notwithstanding subsection (i) of such section,
$1,000,000,000.
Salaries and Expenses
For an additional amount, not elsewhere specified in this
title, for management and administration and oversight of
programs within the Office on Violence Against Women, the
Office of Justice Programs, and the Community Oriented
Policing Services Office, $10,000,000.
SCIENCE
National Aeronautics and Space Administration
science
For an additional amount for ``Science'', $400,000,000.
aeronautics
For an additional amount for ``Aeronautics'',
$150,000,000.
exploration
For an additional amount for ``Exploration'', $400,000,000.
cross agency support
For an additional amount for ``Cross Agency Support'',
$50,000,000.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,000,000, to remain available until September
30, 2013.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'', $2,500,000,000: Provided, That $300,000,000
shall be available solely for the Major Research
Instrumentation program and $200,000,000 shall be for
activities authorized by title II of Public Law 100-570 for
academic research facilities modernization.
education and human resources
For an additional amount for ``Education and Human
Resources'', $100,000,000.
major research equipment and facilities construction
For an additional amount for ``Major Research Equipment and
Facilities Construction'', $400,000,000.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,000,000, to remain available until September
30, 2013.
GENERAL PROVISION--THIS TITLE
Sec. 201. Sections 1701(g) and 1704(c) of the Omnibus Crime
Control and Safe Streets Act of
[[Page H1312]]
1968 (42 U.S.C. 3796dd(g) and 3796dd-3(c)) shall not apply
with respect to funds appropriated in this or any other Act
making appropriations for fiscal year 2009 or 2010 for
Community Oriented Policing Services authorized under part Q
of such Act of 1968.
TITLE III--DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $1,474,525,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize
Department of Defense facilities, restore and modernize real
property to include barracks, and invest in the energy
efficiency of Department of Defense facilities.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $657,051,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize
Department of Defense facilities, restore and modernize real
property to include barracks, and invest in the energy
efficiency of Department of Defense facilities.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $113,865,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $1,095,959,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $98,269,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,083,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $39,909,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $13,187,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $266,304,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $25,848,000, to remain available for
obligation until September 30, 2010, to improve, repair and
modernize Department of Defense facilities, restore and
modernize real property to include barracks, and invest in
the energy efficiency of Department of Defense facilities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $75,000,000, to remain available for
obligation until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $75,000,000, to remain available for
obligation until September 30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $75,000,000, to remain available
for obligation until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $75,000,000, to remain
available for obligation until September 30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$400,000,000 for operation and maintenance, to remain
available for obligation until September 30, 2010, to
improve, repair and modernize military medical facilities,
and invest in the energy efficiency of military medical
facilities.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $15,000,000 for operation and maintenance, to
remain available for obligation until September 30, 2011.
TITLE IV--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'',
$25,000,000: Provided, That funds provided under this heading
in this title shall only be used for programs, projects or
activities that heretofore or hereafter receive funds
provided in Acts making appropriations available for Energy
and Water Development: Provided further, That funds provided
under this heading in this title shall be used for programs,
projects or activities or elements of programs, projects or
activities that can be completed within the funds made
available in that account and that will not require new
budget authority to complete: Provided further, That for
projects that are being completed with funds appropriated in
this Act that would otherwise be expired for obligation,
expired funds appropriated in this Act may be used to pay the
cost of associated supervision, inspection, overhead,
engineering and design on those projects and on subsequent
claims, if any: Provided further, That the Secretary of the
Army shall submit a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation, obligation and expenditures of
these funds, beginning not later than 45 days after enactment
of this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for these funds provided
under this heading.
construction
For an additional amount for ``Construction'',
$2,000,000,000: Provided, That not less than $200,000,000 of
the funds provided shall be for water-related environmental
infrastructure assistance: Provided further, That section 102
of Public Law 109-103 (33 U.S.C. 2221) shall not apply to
funds provided in this title: Provided further, That
notwithstanding any other provision of law, funds provided in
this paragraph shall not be cost shared with the Inland
Waterways Trust Fund as authorized in Public Law 99-662:
Provided further, That funds provided under this heading in
this title shall only be used for programs, projects or
activities that heretofore or hereafter receive funds
provided in Acts making appropriations available for Energy
and Water Development: Provided further, That funds provided
under this heading in this title shall be used for programs,
projects or activities or elements of programs, projects or
activities that can be completed within the funds made
available in that account and that will not require new
budget authority to complete: Provided further, That the
limitation concerning total project costs in section 902 of
the Water Resources Development Act of 1986, as amended (33
U.S.C. 2280), shall not apply during fiscal year 2009 to any
project that received funds provided in this title: Provided
further, That funds appropriated under this heading may be
used by the Secretary of the Army, acting through the Chief
of Engineers, to undertake work authorized to be carried out
in accordance with section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r); section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s); section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330); or section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C.
2309a), notwithstanding the program cost limitations set
forth in those sections: Provided further, That for projects
that are being completed with funds appropriated in this Act
that would otherwise be expired for obligation, expired funds
appropriated in this Act may be used to pay the cost of
associated supervision, inspection, overhead, engineering and
design on those projects and on subsequent claims, if any:
Provided further, That the Secretary of the Army shall submit
a quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation, obligation and expenditures of these funds,
beginning not later than 45 days after enactment of this Act:
Provided further, That the Secretary shall have unlimited
reprogramming authority for these funds provided under this
heading.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'', $375,000,000: Provided, That funds provided
under this heading in this title shall only be used for
programs, projects or activities that heretofore or hereafter
receive funds provided in Acts making appropriations
available for Energy and Water Development: Provided further,
That funds provided under this heading in this title shall be
used for programs, projects or activities or elements of
programs, projects or activities that can be completed within
the funds made available in that
[[Page H1313]]
account and that will not require new budget authority to
complete: Provided further, That the limitation concerning
total project costs in section 902 of the Water Resources
Development Act of 1986, as amended (33 U.S.C. 2280), shall
not apply during fiscal year 2009 to any project that
received funds provided in this title: Provided further, That
for projects that are being completed with funds appropriated
in this Act that would otherwise be expired for obligation,
expired funds appropriated in this Act may be used to pay the
cost of associated supervision, inspection, overhead
engineering, and design on those projects and on subsequent
claims, if any: Provided further, That the Secretary of the
Army shall submit a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation, obligation and expenditures of
these funds, beginning not later than 45 days after enactment
of this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for these funds provided
under this heading.
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$2,075,000,000: Provided, That funds provided under this
heading in this title shall only be used for programs,
projects or activities that heretofore or hereafter receive
funds provided in Acts making appropriations available for
Energy and Water Development: Provided further, That funds
provided under this heading in this title shall be used for
programs, projects or activities or elements of programs,
projects or activities that can be completed within the funds
made available in that account and that will not require new
budget authority to complete: Provided further, That section
9006 of Public Law 110-114 shall not apply to funds provided
in this title: Provided further, That for projects that are
being completed with funds appropriated in this Act that
would otherwise be expired for obligation, expired funds
appropriated in this Act may be used to pay the cost of
associated supervision, inspection, overhead, engineering and
design on those projects and on subsequent claims, if any:
Provided further, That the Secretary of the Army shall submit
a quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation, obligation and expenditures of these funds,
beginning not later than 45 days after enactment of this Act:
Provided further, That the Secretary shall have unlimited
reprogramming authority for these funds provided under this
heading.
regulatory program
For an additional amount for ``Regulatory Program'',
$25,000,000.
formerly utilized sites remedial action program
For an additional amount for ``Formerly Utilized Sites
Remedial Action Program'', $100,000,000: Provided, That funds
provided under this heading in this title shall be used for
programs, projects or activities or elements of programs,
projects or activities that can be completed within the funds
made available in that account and that will not require new
budget authority to complete: Provided further, That for
projects that are being completed with funds appropriated in
this Act that would otherwise be expired for obligation,
expired funds appropriated in this Act may be used to pay the
cost of associated supervision, inspection, overhead,
engineering and design on those projects and on subsequent
claims, if any: Provided further, That the Secretary of the
Army shall submit a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation, obligation and expenditures of
these funds, beginning not later than 45 days after enactment
of this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for these funds provided
under this heading.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related
Resources'', $1,000,000,000: Provided, That of the amount
appropriated under this heading, not less than $126,000,000
shall be used for water reclamation and reuse projects
authorized under title XVI of Public Law 102-575: Provided
further, That funds provided in this Act shall be used for
elements of projects, programs or activities that can be
completed within these funding amounts and not create
budgetary obligations in future fiscal years: Provided
further, That $50,000,000 of the funds provided under this
heading may be transferred to the Department of the Interior
for programs, projects and activities authorized by the
Central Utah Project Completion Act (titles II-V of Public
Law 102-575): Provided further, That $50,000,000 of the funds
provided under this heading may be used for programs,
projects, and activities authorized by the California Bay-
Delta Restoration Act (Public Law 108-361): Provided further,
That not less than $60,000,000 of the funds provided under
this heading shall be used for rural water projects and shall
be expended primarily on water intake and treatment
facilities of such projects: Provided further, That not less
than $10,000,000 of the funds provided under this heading
shall be used for a bureau-wide inspection of canals program
in urbanized areas: Provided further, That the costs of
extraordinary maintenance and replacement activities carried
out with funds provided in this Act shall be repaid pursuant
to existing authority, except the length of repayment period
shall be as determined by the Commissioner, but in no case
shall the repayment period exceed 50 years and the repayment
shall include interest, at a rate determined by the Secretary
of the Treasury as of the beginning of the fiscal year in
which the work is commenced, on the basis of average market
yields on outstanding marketable obligations of the United
States with the remaining periods of maturity comparable to
the applicable reimbursement period of the project adjusted
to the nearest one-eighth of 1 percent on the unamortized
balance of any portion of the loan: Provided further, That
for projects that are being completed with funds appropriated
in this Act that would otherwise be expired for obligation,
expired funds appropriated in this Act may be used to pay the
cost of associated supervision, inspection, overhead,
engineering and design on those projects and on subsequent
claims, if any: Provided further, That the Secretary of the
Interior shall submit a quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation, obligation and expenditures of
these funds, beginning not later than 45 days after enactment
of this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for these funds provided
under this heading.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For an additional amount for ``Energy Efficiency and
Renewable Energy'', $16,800,000,000: Provided, That
$3,200,000,000 shall be available for Energy Efficiency and
Conservation Block Grants for implementation of programs
authorized under subtitle E of title V of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17151 et
seq.), of which $2,800,000,000 is available through the
formula in subtitle E: Provided further, That the Secretary
may use the most recent and accurate population data
available to satisfy the requirements of section 543(b) of
the Energy Independence and Security Act of 2007: Provided
further, That the remaining $400,000,000 shall be awarded on
a competitive basis: Provided further, That $5,000,000,000
shall be for the Weatherization Assistance Program under part
A of title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.): Provided further, That
$3,100,000,000 shall be for the State Energy Program
authorized under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321): Provided further, That
$2,000,000,000 shall be available for grants for the
manufacturing of advanced batteries and components and the
Secretary shall provide facility funding awards under this
section to manufacturers of advanced battery systems and
vehicle batteries that are produced in the United States,
including advanced lithium ion batteries, hybrid electrical
systems, component manufacturers, and software designers:
Provided further, That notwithstanding section 3304 of title
5, United States Code, and without regard to the provisions
of sections 3309 through 3318 of such title 5, the Secretary
of Energy, upon a determination that there is a severe
shortage of candidates or a critical hiring need for
particular positions, may from within the funds provided,
recruit and directly appoint highly qualified individuals
into the competitive service: Provided further, That such
authority shall not apply to positions in the Excepted
Service or the Senior Executive Service: Provided further,
That any action authorized herein shall be consistent with
the merit principles of section 2301 of such title 5, and the
Department shall comply with the public notice requirements
of section 3327 of such title 5.
Electricity Delivery and Energy Reliability
For an additional amount for ``Electricity Delivery and
Energy Reliability,'' $4,500,000,000: Provided, That funds
shall be available for expenses necessary for electricity
delivery and energy reliability activities to modernize the
electric grid, to include demand responsive equipment,
enhance security and reliability of the energy
infrastructure, energy storage research, development,
demonstration and deployment, and facilitate recovery from
disruptions to the energy supply, and for implementation of
programs authorized under title XIII of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17381 et
seq.): Provided further, That $100,000,000 shall be available
for worker training activities: Provided further, That
notwithstanding section 3304 of title 5, United States Code,
and without regard to the provisions of sections 3309 through
3318 of such title 5, the Secretary of Energy, upon a
determination that there is a severe shortage of candidates
or a critical hiring need for particular positions, may from
within the funds provided, recruit and directly appoint
highly qualified individuals into the competitive service:
Provided further, That such authority shall not apply to
positions in the Excepted Service or the Senior Executive
Service: Provided further, That any action authorized herein
shall be consistent with the merit principles of section 2301
of such title 5, and the Department shall comply with the
public notice requirements of section 3327 of such title 5:
Provided further, That for the purpose of facilitating the
development of regional transmission plans, the Office of
Electricity Delivery and Energy Reliability within the
Department of Energy is provided $80,000,000 within the
available funds to conduct a resource assessment and an
analysis of future demand and transmission requirements after
consultation with the Federal Energy Regulatory Commission:
Provided further, That the Office of Electricity Delivery and
Energy Reliability in coordination with the Federal Energy
Regulatory Commission will provide technical assistance to
the North American Electric Reliability Corporation, the
regional reliability entities, the States, and other
transmission owners and operators for the formation of
interconnection-based transmission plans for the Eastern and
Western Interconnections and ERCOT: Provided further, That
such assistance may include modeling, support to regions and
States for the development of coordinated State electricity
policies,
[[Page H1314]]
programs, laws, and regulations: Provided further, That
$10,000,000 is provided to implement section 1305 of Public
Law 110-140: Provided further, That the Secretary of Energy
may use or transfer amounts provided under this heading to
carry out new authority for transmission improvements, if
such authority is enacted in any subsequent Act, consistent
with existing fiscal management practices and procedures.
Fossil Energy Research and Development
For an additional amount for ``Fossil Energy Research and
Development'', $3,400,000,000.
Non-Defense Environmental Cleanup
For an additional amount for ``Non-Defense Environmental
Cleanup'', $483,000,000.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium Enrichment
Decontamination and Decommissioning Fund'', $390,000,000, of
which $70,000,000 shall be available in accordance with title
X, subtitle A of the Energy Policy Act of 1992.
Science
For an additional amount for ``Science'', $1,600,000,000.
Advanced Research Projects Agency--Energy
For the Advanced Research Projects Agency--Energy,
$400,000,000, as authorized under section 5012 of the America
COMPETES Act (42 U.S.C. 16538).
Title 17--Innovative Technology Loan Guarantee Program
For an additional amount for the cost of guaranteed loans
authorized by section 1705 of the Energy Policy Act of 2005,
$6,000,000,000, available until expended, to pay the costs of
guarantees made under this section: Provided, That of the
amount provided for title XVII, $25,000,000 shall be used for
administrative expenses in carrying out the guaranteed loan
program: Provided further, That of the amounts provided for
title XVII, $10,000,000 shall be transferred to and available
for administrative expenses for the Advanced Technology
Vehicles Manufacturing Loan Program.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $15,000,000, to remain
available until September 30, 2012.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental
Cleanup,'' $5,127,000,000.
Construction, Rehabilitation, Operation, and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $10,000,000,
to remain available until expended: Provided, That the
Administrator shall establish such personnel staffing levels
as he deems necessary to economically and efficiently
complete the activities pursued under the authority granted
by section 402 of this Act: Provided further, That this
appropriation is non-reimbursable.
GENERAL PROVISIONS--THIS TITLE
Sec. 401. Bonneville Power Administration Borrowing
Authority. For the purposes of providing funds to assist in
financing the construction, acquisition, and replacement of
the transmission system of the Bonneville Power
Administration and to implement the authority of the
Administrator of the Bonneville Power Administration under
the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et seq.), an additional
$3,250,000,000 in borrowing authority is made available under
the Federal Columbia River Transmission System Act (16 U.S.C.
838 et seq.), to remain outstanding at any time.
Sec. 402. Western Area Power Administration Borrowing
Authority. The Hoover Power Plant Act of 1984 (Public Law 98-
381) is amended by adding at the end the following:
``TITLE III--BORROWING AUTHORITY
``SEC. 301. WESTERN AREA POWER ADMINISTRATION BORROWING
AUTHORITY.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Western Area Power Administration.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(b) Authority.--
``(1) In general.--Notwithstanding any other provision of
law, subject to paragraphs (2) through (5)--
``(A) the Western Area Power Administration may borrow
funds from the Treasury; and
``(B) the Secretary shall, without further appropriation
and without fiscal year limitation, loan to the Western Area
Power Administration, on such terms as may be fixed by the
Administrator and the Secretary, such sums (not to exceed, in
the aggregate (including deferred interest), $3,250,000,000
in outstanding repayable balances at any one time) as, in the
judgment of the Administrator, are from time to time required
for the purpose of--
``(i) constructing, financing, facilitating, planning,
operating, maintaining, or studying construction of new or
upgraded electric power transmission lines and related
facilities with at least one terminus within the area served
by the Western Area Power Administration; and
``(ii) delivering or facilitating the delivery of power
generated by renewable energy resources constructed or
reasonably expected to be constructed after the date of
enactment of this section.
``(2) Interest.--The rate of interest to be charged in
connection with any loan made pursuant to this subsection
shall be fixed by the Secretary, taking into consideration
market yields on outstanding marketable obligations of the
United States of comparable maturities as of the date of the
loan.
``(3) Refinancing.--The Western Area Power Administration
may refinance loans taken pursuant to this section within the
Treasury.
``(4) Participation.--The Administrator may permit other
entities to participate in the financing, construction and
ownership projects financed under this section.
``(5) Congressional review of disbursement.--Effective upon
the date of enactment of this section, the Administrator
shall have the authority to have utilized $1,750,000,000 at
any one time. If the Administrator seeks to borrow funds
above $1,750,000,000, the funds will be disbursed unless
there is enacted, within 90 calendar days of the first such
request, a joint resolution that rescinds the remainder of
the balance of the borrowing authority provided in this
section.
``(c) Transmission Line and Related Facility Projects.--
``(1) In general.--For repayment purposes, each
transmission line and related facility project in which the
Western Area Power Administration participates pursuant to
this section shall be treated as separate and distinct from--
``(A) each other such project; and
``(B) all other Western Area Power Administration power and
transmission facilities.
``(2) Proceeds.--The Western Area Power Administration
shall apply the proceeds from the use of the transmission
capacity from an individual project under this section to the
repayment of the principal and interest of the loan from the
Treasury attributable to that project, after reserving such
funds as the Western Area Power Administration determines are
necessary--
``(A) to pay for any ancillary services that are provided;
and
``(B) to meet the costs of operating and maintaining the
new project from which the revenues are derived.
``(3) Source of revenue.--Revenue from the use of projects
under this section shall be the only source of revenue for--
``(A) repayment of the associated loan for the project; and
``(B) payment of expenses for ancillary services and
operation and maintenance.
``(4) Limitation on authority.--Nothing in this section
confers on the Administrator any additional authority or
obligation to provide ancillary services to users of
transmission facilities developed under this section.
``(5) Treatment of certain revenues.--Revenue from
ancillary services provided by existing Federal power systems
to users of transmission projects funded pursuant to this
section shall be treated as revenue to the existing power
system that provided the ancillary services.
``(d) Certification.--
``(1) In general.--For each project in which the Western
Area Power Administration participates pursuant to this
section, the Administrator shall certify, prior to committing
funds for any such project, that--
``(A) the project is in the public interest;
``(B) the project will not adversely impact system
reliability or operations, or other statutory obligations;
and
``(C) it is reasonable to expect that the proceeds from the
project shall be adequate to make repayment of the loan.
``(2) Forgiveness of balances.--
``(A) In general.--If, at the end of the useful life of a
project, there is a remaining balance owed to the Treasury
under this section, the balance shall be forgiven.
``(B) Unconstructed projects.--Funds expended to study
projects that are considered pursuant to this section but
that are not constructed shall be forgiven.
``(C) Notification.--The Administrator shall notify the
Secretary of such amounts as are to be forgiven under this
paragraph.
``(e) Public Processes.--
``(1) Policies and practices.--Prior to requesting any
loans under this section, the Administrator shall use a
public process to develop practices and policies that
implement the authority granted by this section.
``(2) Requests for interest.--In the course of selecting
potential projects to be funded under this section, the
Administrator shall seek Requests For Interest from entities
interested in identifying potential projects through one or
more notices published in the Federal Register.''
Sec. 403. Set-aside for Management and Oversight. Up to 0.5
percent of each amount appropriated in this title may be used
for the expenses of management and oversight of the programs,
grants, and activities funded by such appropriation, and may
be transferred by the head of the Federal department or
agency involved to any other appropriate account within the
department or agency for that purpose: Provided, That the
Secretary will provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
30 days prior to the transfer: Provided further, That funds
set aside under this section shall remain available for
obligation until September 30, 2012.
Sec. 404. Technical Corrections to the Energy Independence
and Security Act of 2007. (a) Section 543(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is
amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
[[Page H1315]]
``(1) 34 percent to eligible units of local government--
alternative 1, in accordance with subsection (b);
``(2) 34 percent to eligible units of local government--
alternative 2, in accordance with subsection (b);''.
(b) Section 543(b) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17153(b)) is amended by striking
``subsection (a)(1)'' and inserting ``subsection (a)(1) or
(2)''.
(c) Section 548(a)(1) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending by
striking ``; provided'' and all that follows through
``541(3)(B)''.
Sec. 405. Amendments to Title XIII of the Energy
Independence and Security Act of 2007. Title XIII of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17381
and following) is amended as follows:
(1) By amending subparagraph (A) of section 1304(b)(3) to
read as follows:
``(A) In general.--In carrying out the initiative, the
Secretary shall provide financial support to smart grid
demonstration projects in urban, suburban, tribal, and rural
areas, including areas where electric system assets are
controlled by nonprofit entities and areas where electric
system assets are controlled by investor-owned utilities.''.
(2) By amending subparagraph (C) of section 1304(b)(3) to
read as follows:
``(C) Federal share of cost of technology investments.--The
Secretary shall provide to an electric utility described in
subparagraph (B) or to other parties financial assistance for
use in paying an amount equal to not more than 50 percent of
the cost of qualifying advanced grid technology investments
made by the electric utility or other party to carry out a
demonstration project.''.
(3) By inserting after section 1304(b)(3)(D) the following
new subparagraphs:
``(E) Availability of data.--The Secretary shall establish
and maintain a smart grid information clearinghouse in a
timely manner which will make data from smart grid
demonstration projects and other sources available to the
public. As a condition of receiving financial assistance
under this subsection, a utility or other participant in a
smart grid demonstration project shall provide such
information as the Secretary may require to become available
through the smart grid information clearinghouse in the form
and within the timeframes as directed by the Secretary. The
Secretary shall assure that business proprietary information
and individual customer information is not included in the
information made available through the clearinghouse.
``(F) Open protocols and standards.--The Secretary shall
require as a condition of receiving funding under this
subsection that demonstration projects utilize open protocols
and standards (including Internet-based protocols and
standards) if available and appropriate.''.
(4) By amending paragraph (2) of section 1304(c) to read as
follows:
``(2) to carry out subsection (b), such sums as may be
necessary.''.
(5) By amending subsection (a) of section 1306 by striking
``reimbursement of one-fifth (20 percent)'' and inserting
``grants of up to one-half (50 percent)''.
(6) By striking the last sentence of subsection (b)(9) of
section 1306.
(7) By striking ``are eligible for'' in subsection (c)(1)
of section 1306 and inserting ``utilize''.
(8) By amending subsection (e) of section 1306 to read as
follows:
``(e) Procedures and Rules.--(1) The Secretary shall,
within 60 days after the enactment of the American Recovery
and Reinvestment Act of 2009, by means of a notice of intent
and subsequent solicitation of grant proposals--
``(A) establish procedures by which applicants can obtain
grants of not more than one-half of their documented costs;
``(B) require as a condition of receiving funding under
this subsection that demonstration projects utilize open
protocols and standards (including Internet-based protocols
and standards) if available and appropriate;
``(C) establish procedures to ensure that there is no
duplication or multiple payment for the same investment or
costs, that the grant goes to the party making the actual
expenditures for the qualifying Smart Grid investments, and
that the grants made have a significant effect in encouraging
and facilitating the development of a smart grid;
``(D) establish procedures to ensure there will be public
records of grants made, recipients, and qualifying Smart Grid
investments which have received grants; and
``(E) establish procedures to provide advance payment of
moneys up to the full amount of the grant award.
``(2) The Secretary shall have discretion and exercise
reasonable judgment to deny grants for investments that do
not qualify.''.
Sec. 406. Renewable Energy and Electric Power Transmission
Loan Guarantee Program. (a) Amendment.--Title XVII of the
Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is
amended by adding the following at the end:
``SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF
RENEWABLE ENERGY AND ELECTRIC POWER
TRANSMISSION PROJECTS.
``(a) In General.--Notwithstanding section 1703, the
Secretary may make guarantees under this section only for the
following categories of projects that commence construction
not later than September 30, 2011:
``(1) Renewable energy systems, including incremental
hydropower, that generate electricity or thermal energy, and
facilities that manufacture related components.
``(2) Electric power transmission systems, including
upgrading and reconductoring projects.
``(3) Leading edge biofuel projects that will use
technologies performing at the pilot or demonstration scale
that the Secretary determines are likely to become commercial
technologies and will produce transportation fuels that
substantially reduce life-cycle greenhouse gas emissions
compared to other transportation fuels.
``(b) Factors Relating to Electric Power Transmission
Systems.--In determining to make guarantees to projects
described in subsection (a)(2), the Secretary may consider
the following factors:
``(1) The viability of the project without guarantees.
``(2) The availability of other Federal and State
incentives.
``(3) The importance of the project in meeting reliability
needs.
``(4) The effect of the project in meeting a State or
region's environment (including climate change) and energy
goals.
``(c) Wage Rate Requirements.--The Secretary shall require
that each recipient of support under this section provide
reasonable assurance that all laborers and mechanics employed
in the performance of the project for which the assistance is
provided, including those employed by contractors or
subcontractors, will be paid wages at rates not less than
those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code (commonly referred to as the `Davis-
Bacon Act').
``(d) Limitation.--Funding under this section for projects
described in subsection (a)(3) shall not exceed $500,000,000.
``(e) Sunset.--The authority to enter into guarantees under
this section shall expire on September 30, 2011.''.
(b) Table of Contents Amendment.--The table of contents for
the Energy Policy Act of 2005 is amended by inserting after
the item relating to section 1704 the following new item:
``Sec. 1705. Temporary program for rapid deployment of renewable energy
and electric power transmission projects.''.
Sec. 407. Weatherization Assistance Program Amendments. (a)
Income Level.--Section 412(7) of the Energy Conservation and
Production Act (42 U.S.C. 6862(7)) is amended by striking
``150 percent'' both places it appears and inserting ``200
percent''.
(b) Assistance Level Per Dwelling Unit.--Section 415(c)(1)
of the Energy Conservation and Production Act (42 U.S.C.
6865(c)(1)) is amended by striking ``$2,500'' and inserting
``$6,500''.
(c) Effective Use of Funds.--In providing funds made
available by this Act for the Weatherization Assistance
Program, the Secretary may encourage States to give priority
to using such funds for the most cost-effective efficiency
activities, which may include insulation of attics, if, in
the Secretary's view, such use of funds would increase the
effectiveness of the program.
(d) Training and Technical Assistance.--Section 416 of the
Energy Conservation and Production Act (42 U.S.C. 6866) is
amended by striking ``10 percent'' and inserting ``up to 20
percent''.
(e) Assistance for Previously Weatherized Dwelling Units.--
Section 415(c)(2) of the Energy Conservation and Production
Act (42 U.S.C. 6865(c)(2)) is amended by striking ``September
30, 1979'' and inserting ``September 30, 1994''.
Sec. 408. Technical Corrections to Public Utility
Regulatory Policies Act of 1978. (a) Section 111(d) of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)) is amended by redesignating paragraph (16) relating
to consideration of smart grid investments (added by section
1307(a) of Public Law 110-140) as paragraph (18) and by
redesignating paragraph (17) relating to smart grid
information (added by section 1308(a) of Public Law 110-140)
as paragraph (19).
(b) Subsections (b) and (d) of section 112 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) are
each amended by striking ``(17) through (18)'' in each place
it appears and inserting ``(16) through (19)''.
Sec. 409. Renewable Electricity Transmission Study. In
completing the 2009 National Electric Transmission Congestion
Study, the Secretary of Energy shall include--
(1) an analysis of the significant potential sources of
renewable energy that are constrained in accessing
appropriate market areas by lack of adequate transmission
capacity;
(2) an analysis of the reasons for failure to develop the
adequate transmission capacity;
(3) recommendations for achieving adequate transmission
capacity;
(4) an analysis of the extent to which legal challenges
filed at the State and Federal level are delaying the
construction of transmission necessary to access renewable
energy; and
(5) an explanation of assumptions and projections made in
the Study, including--
(A) assumptions and projections relating to energy
efficiency improvements in each load center;
(B) assumptions and projections regarding the location and
type of projected new generation capacity; and
(C) assumptions and projections regarding projected
deployment of distributed generation infrastructure.
Sec. 410. Additional State Energy Grants. (a) In General.--
Amounts appropriated under the heading ``Department of
Energy--Energy Programs--Energy Efficiency and Renewable
Energy'' in this title shall be available to the Secretary of
Energy for making additional grants under part D of title III
of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq.). The Secretary shall make grants under this section in
excess of the base allocation established for a State under
regulations issued
[[Page H1316]]
pursuant to the authorization provided in section 365(f) of
such Act only if the governor of the recipient State notifies
the Secretary of Energy in writing that the governor has
obtained necessary assurances that each of the following will
occur:
(1) The applicable State regulatory authority will seek to
implement, in appropriate proceedings for each electric and
gas utility, with respect to which the State regulatory
authority has ratemaking authority, a general policy that
ensures that utility financial incentives are aligned with
helping their customers use energy more efficiently and that
provide timely cost recovery and a timely earnings
opportunity for utilities associated with cost-effective
measurable and verifiable efficiency savings, in a way that
sustains or enhances utility customers' incentives to use
energy more efficiently.
(2) The State, or the applicable units of local government
that have authority to adopt building codes, will implement
the following:
(A) A building energy code (or codes) for residential
buildings that meets or exceeds the most recently published
International Energy Conservation Code, or achieves
equivalent or greater energy savings.
(B) A building energy code (or codes) for commercial
buildings throughout the State that meets or exceeds the
ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieves equivalent
or greater energy savings.
(C) A plan for the jurisdiction achieving compliance with
the building energy code or codes described in subparagraphs
(A) and (B) within 8 years of the date of enactment of this
Act in at least 90 percent of new and renovated residential
and commercial building space. Such plan shall include active
training and enforcement programs and measurement of the rate
of compliance each year.
(3) The State will to the extent practicable prioritize the
grants toward funding energy efficiency and renewable energy
programs, including--
(A) the expansion of existing energy efficiency programs
approved by the State or the appropriate regulatory
authority, including energy efficiency retrofits of buildings
and industrial facilities, that are funded--
(i) by the State; or
(ii) through rates under the oversight of the applicable
regulatory authority, to the extent applicable;
(B) the expansion of existing programs, approved by the
State or the appropriate regulatory authority, to support
renewable energy projects and deployment activities,
including programs operated by entities which have the
authority and capability to manage and distribute grants,
loans, performance incentives, and other forms of financial
assistance; and
(C) cooperation and joint activities between States to
advance more efficient and effective use of this funding to
support the priorities described in this paragraph.
(b) State Match.--The State cost share requirement under
the item relating to ``Department of Energy; Energy
Conservation'' in title II of the Department of the Interior
and Related Agencies Appropriations Act, 1985 (42 U.S.C.
6323a; 98 Stat. 1861) shall not apply to assistance provided
under this section.
(c) Equipment and Materials for Energy Efficiency Measures
and Renewable Energy Measures.--No limitation on the
percentage of funding that may be used for the purchase and
installation of equipment and materials for energy efficiency
measures and renewable energy measures under grants provided
under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) shall apply to
assistance provided under this section.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
For an additional amount for necessary expenses of the
Treasury Inspector General for Tax Administration in carrying
out the Inspector General Act of 1978, $7,000,000, to remain
available until September 30, 2013, for oversight and audits
of the administration of the making work pay tax credit and
economic recovery payments under the American Recovery and
Reinvestment Act of 2009.
Community Development Financial Institutions Fund Program Account
For an additional amount for ``Community Development
Financial Institutions Fund Program Account'', $100,000,000,
to remain available until September 30, 2010, for qualified
applicants under the fiscal year 2009 funding round of the
Community Development Financial Institutions Program, of
which up to $8,000,000 may be for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations and other suitable providers and up to
$2,000,000 may be used for administrative expenses: Provided,
That for the purpose of the fiscal year 2009 funding round,
the following statutory provisions are hereby waived: 12
U.S.C. 4707(e) and 12 U.S.C. 4707(d): Provided further, That
no awardee, together with its subsidiaries and affiliates,
may be awarded more than 5 percent of the aggregate funds
available during fiscal year 2009 from the Community
Development Financial Institutions Program: Provided further,
That no later than 60 days after the date of enactment of
this Act, the Department of the Treasury shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed expenditure plan for funds provided
under this heading.
Internal Revenue Service
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For an additional amount to implement the health insurance
tax credit under the TAA Health Coverage Improvement Act of
2009, $80,000,000, to remain available until September 30,
2010.
GENERAL SERVICES ADMINISTRATION
Real Property Activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For an additional amount to be deposited in the Federal
Buildings Fund, $5,550,000,000, to carry out the purposes of
the Fund, of which not less than $750,000,000 shall be
available for Federal buildings and United States
courthouses, not less than $300,000,000 shall be available
for border stations and land ports of entry, and not less
than $4,500,000,000 shall be available for measures necessary
to convert GSA facilities to High-Performance Green
Buildings, as defined in section 401 of Public Law 110-140:
Provided, That not to exceed $108,000,000 of the amounts
provided under this heading may be expended for rental of
space, related to leasing of temporary space in connection
with projects funded under this heading: Provided further,
That not to exceed $127,000,000 of the amounts provided under
this heading may be expended for building operations, for the
administrative costs of completing projects funded under this
heading: Provided further, That not to exceed $3,000,000 of
the funds provided shall be for on-the-job pre-apprenticeship
and apprenticeship training programs registered with the
Department of Labor, for the construction, repair, and
alteration of Federal buildings: Provided further, That not
less than $5,000,000,000 of the funds provided under this
heading shall be obligated by September 30, 2010, and the
remainder of the funds provided under this heading shall be
obligated not later than September 30, 2011: Provided
further, That, hereafter, the Administrator of General
Services is authorized to initiate design, construction,
repair, alteration, and other projects through existing
authorities of the Administrator: Provided further, That the
General Services Administration shall submit a detailed plan,
by project, regarding the use of funds made available in this
Act to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days of enactment of
this Act, and shall provide notification to the Committees
within 15 days prior to any changes regarding the use of
these funds: Provided further, That, hereafter, the
Administrator shall report to the Committees on the
obligation of these funds on a quarterly basis beginning on
June 30, 2009: Provided further, That of the amounts
provided, $4,000,000 shall be transferred to and merged with
``Government-Wide Policy'', for the Office of Federal High-
Performance Green Buildings as authorized in the Energy
Independence and Security Act of 2007 (Public Law 110-140):
Provided further, That amounts provided under this heading
that are savings or cannot be used for the activity for which
originally obligated may be deobligated and, notwithstanding
any other provision of law, reobligated for the purposes
identified in the plan required under this heading not less
than 15 days after notification has been provided to the
Committees on Appropriations of the House of Representatives
and the Senate.
Energy-Efficient Federal Motor Vehicle Fleet Procurement
For capital expenditures and necessary expenses of
acquiring motor vehicles with higher fuel economy, including:
hybrid vehicles; electric vehicles; and commercially-
available, plug-in hybrid vehicles, $300,000,000, to remain
available until September 30, 2011: Provided, That none of
these funds may be obligated until the Administrator of
General Services submits to the Committees on Appropriations
of the House of Representatives and the Senate, within 90
days after enactment of this Act, a plan for expenditure of
the funds that details the current inventory of the Federal
fleet owned by the General Services Administration, as well
as other Federal agencies, and the strategy to expend these
funds to replace a portion of the Federal fleet with the goal
of substantially increasing energy efficiency over the
current status, including increasing fuel efficiency and
reducing emissions: Provided further, That, hereafter, the
Administrator shall report to the Committees on the
obligation of these funds on a quarterly basis beginning on
September 30, 2009.
Office of Inspector General
For an additional amount for the Office of the Inspector
General, to remain available until September 30, 2013, for
oversight and audit of programs, grants, and projects funded
under this title, $7,000,000.
RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD
For necessary expenses of the Recovery Act Accountability
and Transparency Board to carry out the provisions of title
XV of this Act, $84,000,000, to remain available until
September 30, 2011.
SMALL BUSINESS ADMINISTRATION
Salaries and Expenses
For an additional amount, to remain available until
September 30, 2010, $69,000,000, of which $24,000,000 is for
marketing, management, and technical assistance under section
7(m) of the
[[Page H1317]]
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries
that make microloans under the microloan program, and of
which $20,000,000 is for improving, streamlining, and
automating information technology systems related to lender
processes and lender oversight: Provided, That no later than
60 days after the date of enactment of this Act, the Small
Business Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed expenditure plan for funds provided under the
heading ``Small Business Administration'' in this Act.
Office of Inspector General
For an additional amount for the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $10,000,000, to remain available until
September 30, 2013, for oversight and audit of programs,
grants, and projects funded under this title.
Surety Bond Guarantees Revolving Fund
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment
Act of 1958, $15,000,000, to remain available until expended.
Business Loans Program Account
For an additional amount for the cost of direct loans,
$6,000,000, to remain available until September 30, 2010, and
for an additional amount for the cost of guaranteed loans,
$630,000,000, to remain available until September 30, 2010:
Provided, That of the amount for the cost of guaranteed
loans, $375,000,000 shall be for reimbursements, loan
subsidies and loan modifications for loans to small business
concerns authorized in section 501 of this title; and
$255,000,000 shall be for loan subsidies and loan
modifications for loans to small business concerns authorized
in section 506 of this title: Provided further, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
Administrative Provisions--Small Business Administration
Sec. 501. Fee Reductions. (a) Administrative Provisions
Small Business Administration.--Until September 30, 2010, and
to the extent that the cost of such elimination or reduction
of fees is offset by appropriations, with respect to each
loan guaranteed under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) and section 502 of this title, for which
the application is approved on or after the date of enactment
of this Act, the Administrator shall--
(1) in lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee or reduce fees to the maximum
extent possible; and
(2) in lieu of the fee otherwise applicable under section
7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee or reduce fees to the maximum
extent possible.
(b) Temporary Fee Elimination for the 504 Loan Program.--
(1) In general.--Until September 30, 2010, and to the
extent the cost of such elimination in fees is offset by
appropriations, with respect to each project or loan
guaranteed by the Administrator pursuant to title V of the
Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.)
for which an application is approved or pending approval on
or after the date of enactment of this Act--
(A) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee;
(B) a development company shall, in lieu of the processing
fee under section 120.971(a)(1) of title 13, Code of Federal
Regulations (relating to fees paid by borrowers), or any
successor thereto, collect no fee.
(2) Reimbursement for waived fees.--
(A) In general.--To the extent that the cost of such
payments is offset by appropriations, the Administrator shall
reimburse each development company that does not collect a
processing fee pursuant to paragraph (1)(B).
(B) Amount.--The payment to a development company under
subparagraph (A) shall be in an amount equal to 1.5 percent
of the net debenture proceeds for which the development
company does not collect a processing fee pursuant to
paragraph (1)(B).
(c) Application of Fee Eliminations.--
(1) To the extent that amounts are made available to the
Administrator for the purpose of fee eliminations or
reductions under subsection (a), the Administrator shall--
(A) first use any amounts provided to eliminate or reduce
fees paid by small business borrowers under clauses (i)
through (iii) of paragraph (18)(A), to the maximum extent
possible; and
(B) then use any amounts provided to eliminate or reduce
fees under paragraph (23)(A) paid by small business lenders
with assets less than $1,000,000,000 as of the date of
enactment; and
(C) then use any remaining amounts appropriated under this
title to reduce fees paid by small business lenders other
than those with assets less than $1,000,000,000.
(2) The Administrator shall eliminate fees under
subsections (a) and (b) until the amount provided for such
purposes, as applicable, under the heading ``Business Loans
Program Account'' under the heading ``Small Business
Administration'' under this Act are expended.
Sec. 502. Economic Stimulus Lending Program for Small
Businesses. (a) Purpose.--The purpose of this section is to
permit the Small Business Administration to guarantee up to
90 percent of qualifying small business loans made by
eligible lenders.
(b) Definitions.--For purposes of this section:
(1) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(2) The term ``qualifying small business loan'' means any
loan to a small business concern pursuant to section 7(a) of
the Small Business Act (15 U.S.C. 636) or title V of the
Small Business Investment Act of 1958 (15 U.S.C. 695 and
following) except for such loans made under section 7(a)(31).
(3) The term ``small business concern'' has the same
meaning as provided by section 3 of the Small Business Act
(15 U.S.C. 632).
(c) Qualified Borrowers.--
(1) Aliens unlawfully present in the united states.--A loan
guarantee may not be made under this section for a loan made
to a concern if an individual who is an alien unlawfully
present in the United States--
(A) has an ownership interest in that concern; or
(B) has an ownership interest in another concern that
itself has an ownership interest in that concern.
(2) Firms in violation of immigration laws.--No loan
guarantee may be made under this section for a loan to any
entity found, based on a determination by the Secretary of
Homeland Security or the Attorney General to have engaged in
a pattern or practice of hiring, recruiting or referring for
a fee, for employment in the United States an alien knowing
the person is an unauthorized alien.
(d) Criminal Background Checks.--Prior to the approval of
any loan guarantee under this section, the Administrator may
verify the applicant's criminal background, or lack thereof,
through the best available means, including, if possible, use
of the National Crime Information Center computer system at
the Federal Bureau of Investigation.
(e) Application of Other Law.--Nothing in this section
shall be construed to exempt any activity of the
Administrator under this section from the Federal Credit
Reform Act of 1990 (title V of the Congressional Budget and
Impoundment Control Act of 1974; 2 U.S.C. 661 and following).
(f) Sunset.--Loan guarantees may not be issued under this
section after the date 12 months after the date of enactment
of this Act.
(g) Small Business Act Provisions.--The provisions of the
Small Business Act applicable to loan guarantees under
section 7 of that Act and regulations promulgated thereunder
as of the date of enactment of this Act shall apply to loan
guarantees under this section except as otherwise provided in
this section.
(h) Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
Sec. 503. Establishment of SBA Secondary Market Guarantee
Authority. (a) Purpose.--The purpose of this section is to
provide the Administrator with the authority to establish the
SBA Secondary Market Guarantee Authority within the SBA to
provide a Federal guarantee for pools of first lien 504 loans
that are to be sold to third-party investors.
(b) Definitions.--For purposes of this section:
(1) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(2) The term ``first lien position 504 loan'' means the
first mortgage position, non-federally guaranteed loans made
by private sector lenders made under title V of the Small
Business Investment Act.
(c) Establishment of Authority.--
(1) Organization.--
(A) The Administrator shall establish a Secondary Market
Guarantee Authority within the Small Business Administration.
(B) The Administrator shall appoint a Director of the
Authority who shall report to the Administrator.
(C) The Administrator is authorized to hire such personnel
as are necessary to operate the Authority and may contract
such operations of the Authority as necessary to qualified
third party companies or individuals.
(D) The Administrator is authorized to contract with
private sector fiduciary and custom dial agents as necessary
to operate the Authority.
(2) Guarantee process.--
(A) The Administrator shall establish, by rule, a process
in which private sector entities may apply to the
Administration for a Federal guarantee on pools of first lien
position 504 loans that are to be sold to third-party
investors.
(B) The Administrator is authorized to contract with
private sector fiduciary and custom dial agents as necessary
to operate the Authority.
(3) Responsibilities.--
(A) The Administrator shall establish, by rule, a process
in which private sector entities may apply to the SBA for a
Federal guarantee on pools of first lien position 504 loans
that are to be sold to third-party investors.
(B) The rule under this section shall provide for a process
for the Administrator to consider and make decisions
regarding whether to extend a Federal guarantee referred to
in clause (i). Such rule shall also provide that:
(i) The seller of the pools purchasing a guarantee under
this section retains not less than 5 percent of the dollar
amount of the pools to be sold to third-party investors.
(ii) The Administrator shall charge fees, upfront or
annual, at a specified percentage of the loan amount that is
at such a rate that the cost of the program under the Federal
Credit Reform Act of 1990 (title V of the Congressional
Budget and Impoundment Control Act of 1974; 2 U.S.C. 661)
shall be equal to zero.
(iii) The Administrator may guarantee not more than
$3,000,000,000 of pools under this authority.
(C) The Administrator shall establish documents, legal
covenants, and other required documentation to protect the
interests of the United States.
(D) The Administrator shall establish a process to receive
and disburse funds to entities under the authority
established in this section.
[[Page H1318]]
(d) Limitations.--
(1) The Administrator shall ensure that entities purchasing
a guarantee under this section are using such guarantee for
the purpose of selling 504 first lien position pools to
third-party investors.
(2) If the Administrator finds that any such guarantee was
used for a purpose other than that specified in paragraph
(1), the Administrator shall--
(A) prohibit the purchaser of the guarantee or its
affiliates (within the meaning of the regulations under 13
CFR 121.103) from using the authority of this section in the
future; and
(B) take any other actions the Administrator, in
consultation with the Attorney General of the United States
deems appropriate.
(e) Oversight.--The Administrator shall submit a report to
Congress not later than the third business day of each month
setting forth each of the following:
(1) The aggregate amount of guarantees extended under this
section during the preceding month.
(2) The aggregate amount of guarantees outstanding.
(3) Defaults and payments on defaults made under this
section.
(4) The identity of each purchaser of a guarantee found by
the Administrator to have misused guarantees under this
section.
(5) Any other information the Administrator deems necessary
to fully inform Congress of undue risk to the United States
associated with the issuance of guarantees under this
section.
(f) Duration of Program.--The authority of this section
shall terminate on the date 2 years after the date of
enactment of this section.
(g) Funding.--Such sums as necessary are authorized to be
appropriated to carry out the provisions of this section.
(h) Budget Treatment.--Nothing in this section shall be
construed to exempt any activity of the Administrator under
this section from the Federal Credit Reform Act of 1990
(title V of the Congressional Budget and Impoundment Control
Act of 1974; 2 U.S.C. 661 and following).
(i) Emergency Rulemaking Authority.--The Administrator
shall issue regulations under this section within 15 days
after the date of enactment of this section. The notice
requirements of section 553(b) of title 5, United States Code
shall not apply to the promulgation of such regulations.
Sec. 504. Stimulus for Community Development Lending. (a)
Low Interest Refinancing Under the Local Development Business
Loan Program.--Section 502 of the Small Business Investment
Act of 1958 (15 U.S.C. 696) is amended by adding at the end
the following:
``(7) Permissible debt refinancing.--
``(A) In general.--Any financing approved under this title
may include a limited amount of debt refinancing.
``(B) Expansions.--If the project involves expansion of a
small business concern, any amount of existing indebtedness
that does not exceed 50 percent of the project cost of the
expansion may be refinanced and added to the expansion cost,
if--
``(i) the proceeds of the indebtedness were used to acquire
land, including a building situated thereon, to construct a
building thereon, or to purchase equipment;
``(ii) the existing indebtedness is collateralized by fixed
assets;
``(iii) the existing indebtedness was incurred for the
benefit of the small business concern;
``(iv) the financing under this title will be used only for
refinancing existing indebtedness or costs relating to the
project financed under this title;
``(v) the financing under this title will provide a
substantial benefit to the borrower when prepayment
penalties, financing fees, and other financing costs are
accounted for;
``(vi) the borrower has been current on all payments due on
the existing debt for not less than 1 year preceding the date
of refinancing; and
``(vii) the financing under section 504 will provide better
terms or rate of interest than the existing indebtedness at
the time of refinancing.''.
(b) Job Creation Goals.--Section 501(e)(1) and section
501(e)(2) of the Small Business Investment Act (15 U.S.C.
695) are each amended by striking ``$50,000'' and inserting
``$65,000''.
Sec. 505. Increasing Small Business Investment. (a)
Simplified Maximum Leverage Limits.--Section 303(b) of the
Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is
amended as follows:
(1) By striking so much of paragraph (2) as precedes
subparagraphs (C) and (D) and inserting the following:
``(2) Maximum leverage.--
``(A) In general.--The maximum amount of outstanding
leverage made available to any one company licensed under
section 301(c) of this Act may not exceed the lesser of--
``(i) 300 percent of such company's private capital; or
``(ii) $150,000,000.
``(B) Multiple licenses under common control.--The maximum
amount of outstanding leverage made available to two or more
companies licensed under section 301(c) of this Act that are
commonly controlled (as determined by the Administrator) and
not under capital impairment may not exceed $225,000,000.'';
(2) By amending paragraph (2)(C) by inserting ``(i)''
before ``In calculating'' and adding the following at the end
thereof:
``(ii) The maximum amount of outstanding leverage made
available to--
``(I) any 1 company described in clause (iii) may not
exceed the lesser of 300 percent of private capital of the
company, or $175,000,000; and
``(II) 2 or more companies described in clause (iii) that
are under common control (as determined by the Administrator)
may not exceed $250,000,000.
``(iii) A company described in this clause is a company
licensed under section 301(c) in the first fiscal year after
the date of enactment of this clause or any fiscal year
thereafter that certifies in writing that not less than 50
percent of the dollar amount of investments of that company
shall be made in companies that are located in a low-income
geographic area (as that term is defined in section 351).''.
(3) By striking paragraph (4).
(b) Simplified Aggregate Investment Limitations.--Section
306(a) of the Small Business Investment Act of 1958 (15
U.S.C. 686(a)) is amended to read as follows:
``(a) Percentage Limitation on Private Capital.--If any
small business investment company has obtained financing from
the Administrator and such financing remains outstanding, the
aggregate amount of securities acquired and for which
commitments may be issued by such company under the
provisions of this title for any single enterprise shall not,
without the approval of the Administrator, exceed 10 percent
of the sum of--
``(1) the private capital of such company; and
``(2) the total amount of leverage projected by the company
in the company's business plan that was approved by the
Administrator at the time of the grant of the company's
license.''.
(c) Investments in Smaller Enterprises.--Section 303(d) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(d))
is amended to read as follows:
``(d) Investments in Smaller Enterprises.--The
Administrator shall require each licensee, as a condition of
approval of an application for leverage, to certify in
writing that not less than 25 percent of the aggregate dollar
amount of financings of that licensee shall be provided to
smaller enterprises.''.
Sec. 506. Business Stabilization Program. (a) In General.--
Subject to the availability of appropriations, the
Administrator of the Small Business Administration shall
carry out a program to provide loans on a deferred basis to
viable (as such term is determined pursuant to regulation by
the Administrator of the Small Business Administration) small
business concerns that have a qualifying small business loan
and are experiencing immediate financial hardship.
(b) Eligible Borrower.--A small business concern as defined
under section 3 of the Small Business Act (15 U.S.C. 632).
(c) Qualifying Small Business Loan.--A loan made to a small
business concern that meets the eligibility standards in
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) but
shall not include loans guarantees (or loan guarantee
commitments made) by the Administrator prior to the date of
enactment of this Act.
(d) Loan Size.--Loans guaranteed under this section may not
exceed $35,000.
(e) Purpose.--Loans guaranteed under this program shall be
used to make periodic payment of principal and interest,
either in full or in part, on an existing qualifying small
business loan for a period of time not to exceed 6 months.
(f) Loan Terms.--Loans made under this section shall:
(1) carry a 100 percent guaranty; and
(2) have interest fully subsidized for the period of
repayment.
(g) Repayment.--Repayment for loans made under this section
shall--
(1) be amortized over a period of time not to exceed 5
years; and
(2) not begin until 12 months after the final disbursement
of funds is made.
(h) Collateral.--The Administrator of the Small Business
Administration may accept any available collateral, including
subordinated liens, to secure loans made under this section.
(i) Fees.--The Administrator of the Small Business
Administration is prohibited from charging any processing
fees, origination fees, application fees, points, brokerage
fees, bonus points, prepayment penalties, and other fees that
could be charged to a loan applicant for loans under this
section.
(j) Sunset.--The Administrator of the Small Business
Administration shall not issue loan guarantees under this
section after September 30, 2010.
(k) Emergency Rulemaking Authority.--The Administrator of
the Small Business Administration shall issue regulations
under this section within 15 days after the date of enactment
of this section. The notice requirements of section 553(b) of
title 5, United States Code shall not apply to the
promulgation of such regulations.
SEC. 507. GAO REPORT.
(a) Report.--Not later than 60 days after the enactment of
this Act, the Comptroller General of the United States shall
report to the Congress on the actions of the Administrator in
implementing the authorities established in the
administrative provisions of this title.
(b) Included Item.--The report under this section shall
include a summary of the activity of the Administrator under
this title and an analysis of whether he is accomplishing the
purpose of increasing liquidity in the secondary market for
Small Business Administration loans.
SEC. 508. SURETY BONDS.
(a) Maximum Bond Amount.--Section 4119a)(1) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``$2,000,000'' and inserting ``$5,00,000'';
and
(3) by adding at the end the following:
``(B) The Administrator may guarantee a surety under
subparagraph (A) for a total work order or contract amount
that does not exceed $10,000,000, if a contracting officer of
a Federal agency certifies that such a guarantee is
necessary.''.
(b) Denial of Liability.--
Section 411 of the Small Business Investment Act of 1958
(15 U.S.C. 694b) is amended
[[Page H1319]]
(1) by striking subsection (c) and inserting the following:
``(c) Reimbursement of surety; conditions
Pursuant to any such guarantee or agreement, the
Administration shall reimburse the surety, as provided in
subsection (c) of this section, except that the
Administration shall be relieved of liability (in whole or in
part within the discretion of the Administration) if--
(1) the surety obtained such guarantee or agreement, or
applied for such reimbursement, by fraud or material
misrepresentation,
(2) the total contract amount at the time of execution of
the bond or bonds exceeds $5,000,000,
(3) the surety has breached a material term or condition of
such guarantee agreement, or
(4) the surety has substantially violated the regulations
promulgated by the Administration pursuant to subsection
(d).''
(2) by adding at the end the following:
``(k) For bonds made or executed with the prior approval of
the Administration, the Administration shall not deny
liability to a surety based upon material information that
was provided as part of the guaranty application.''
(c) Size Standards.--Section 410 of the Small Business
Investment Act of 1958 (15 U.S.C. 694a) is amended by adding
at the end the following:
``(9) Notwithstanding any other provision of law or any
rule, regulation, or order of the Administration, for
purposes of sections 410, 411, and 412 the term `small
business concern' means a business concern that meets the
size standard for the primary industry in which such business
concern, and the affiliates of such business concern, is
engaged, as determined by the Administrator in accordance
with the North American Industry Classification System.''.
(d) Study The Administrator of the Small Business
Administration shall conduct a study of the current funding
structure of the surety bond program carried out under part B
(15 U.S.C. 694a et seq.) of title IV of the Small Business
Investment Act of 1958. The study shall include--
(1) an assessment of whether the program's current funding
framework and program fees are inhibiting the program's
growth:
(2) an assessment of whether surety companies and small
business concerns could benefit from an alternative funding
structure; and
(e) Report--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study required under
subsection (d).
(f) Sunset--The amendments made by this section shall
remain in effect until September 30, 2010.
SEC. 509. ESTABLISHMENT OF SBA SECONDARY MARKET LENDING
AUTHORITY
(a) Purpose.--The purpose of this section is to provide the
Small Business Administration with the authority to establish
a Secondary Market Lending Authority within the SBA to make
loans to the systemically important SBA secondary market
broker-dealers who operate the SBA secondary market.
(b) Definitions.--For purposes of this section.
(1) The term `` Administrator'' means the Administrator of
the SBA.
(2) The term ``SBA'' means the Small Business
Administration.
(3) The terms ``Secondary Market Lending Authority'' and
``Authority'' mean the office established under subsection
(c).
(4) The term ``SBA secondary market'' means the market for
the purchase and sale of loans originated, underwritten, and
closed under the Small Business Act.
(5) The term ``Systemically Important Secondary Market
Broker-Dealers'' mean those entities designated under
subsection (c)(1) as vital to the continued operation of the
SBA secondary market by reason of their purchase and sale of
the government guaranteed portion of loans, or pools of
loans, originated, underwritten, and closed under the Small
Business Act.
(c) Responsibilities, Authorities, Organization, and
Limitations.--
(1) Designation of systemically important sba secondary
market broker-dealers.--The Administrator shall establish a
process to designate, in consultation with the Board of
Governors of the Federal Reserve and the Secretary of the
Treasury, Systemically Important Secondary Market Broker-
Dealers.
(2)Establishment of sba secondary market lending
authority.--
(A) Organization.--
(i) The Administrator shall establish within the SBA an
office to provide loans to Systemically Important Secondary
Market Broker-dealers to be used for the purpose of financing
the inventory of the government guaranteed portion of loans,
originated, underwritten, and closed under the Small Business
Act or pools of such loans.
(ii) The Administrator shall appoint a Director of the
Authority who shall report to the Administrator.
(iii) The Administrator is authorized to hire such
personnel as are necessary to operate the Authority.
(iv) The Administrator may contract such Authority
operations as he determines necessary to qualified third-
party companies or individuals.
(v) The Administrator is authorized to contract with
private sector fiduciary and custodial agents as necessary to
operate the Authority.
(B) Loans.--
(i) The Administrator shall establish by rule a process
under which Systemically Important SBA Secondary Market
Broker-Dealers designated under paragraph (1) may apply to
the Administrator for loans under this section.
(ii) The rule under clause (i) shall provide a process for
the Administrator to consider and make decisions regarding
whether or not to extend a loan applied for under this
section. Such rule shall include provisions to assure each of
the following:
(I) That loans made under this section are for the sole
purpose of financing the inventory of the government
guaranteed portion of loans, originated, underwritten, and
closed under the Small Business Act or pools of such loans.
(II) That loans made under this section are fully
collateralized to the satisfaction of the Administrator.
(III) That there is no limit to the frequency in which a
borrower may borrow under this section unless the
Administrator determines that doing so would create an undue
risk of loss to the agency or the United States.
(IV) That there is no limit on the size of a loan, subject
to the discretion of the Administrator.
(iii) Interest on loans under this section shall not exceed
the Federal Funds target rate as established by the Federal
Reserve Board of Governors plus 25 basis points.
(iv) The rule under this section shall provide for such
loan documents, legal covenants, collateral requirements and
other required documentation as necessary to protect the
interests of the agency, the United States, and the taxpayer.
(v) The Administrator shall establish custodial accounts to
safeguard any collateral pledged to the SBA in connection
with a loan under this section.
(vi) The Administrator shall establish a process to
disburse and receive funds to and from borrowers under this
section.
(C) Limitations on use of loan proceeds by systemically
important secondary market broker-dealers.--The Administrator
shall ensure that borrowers under this section are using
funds provided under this section only for the purpose
specified in subparagraph (B)(ii)(I). If the Administrator
finds that such funds were used for any other purpose, the
Administrator shall--
(i) require immediate repayment of outstanding loans;
(ii) prohibit the borrower, its affiliates, or any future
corporate manifestation of the borrower from using the
Authority; and
(iii) take any other actions the Administrator, in
consultation with the Attorney General of the United States,
deems appropriate.
(d) Report to Congress.--The Administrator shall submit a
report to Congress not later than the third business day of
each month containing a statement of each of the following:
(1) The aggregate loan amounts extended during the
preceding month under this section.
(2) The aggregate loan amounts repaid under this section
during the proceeding month.
(3) The aggregate loan amount outstanding under this
section.
(4) The aggregate value of assets held as collateral under
this section;
(5) The amount of any defaults or delinquencies on loans
made under this section.
(6) The identity of any borrower found by the Administrator
to misuse funds made available under this section.
(7) Any other information the Administrator deems necessary
to fully inform Congress of undue risk of financial loss to
the United States in connection with loans made under this
section.
(e) Duration.--The authority of this section shall remain
in effect for a period of 2 years after the date of enactment
of this section.
(f) Fees.--The Administrator shall charge fees, up front,
annual or both, at a specified percentage of the loan amount
that is at such a rate that the cost of the program under the
Federal Credit Reform Act of 1990 ((title V of the
Congressional Budget and Impoundment Control Act of 1974; 2
U.S.C. 661) shall be equal to zero.
(h) Budget Treatment.--Nothing in this section shall be
construed to exempt any activity of the Administrator under
this section from the Federal Credit Reform Act of 1990
(title V of the Congressional Budget and Impoundment Control
Act of 1974; 2 U.S.C. 661 and following).
(i) Emergency Rulemaking Authority.--The Administrator
shall promulgate regulations under this section within 30
days after the date of enactment of this section. In
promulgating these regulations, the Administrator the notice
requirements of section 553(b) of title 5 of the United
States Code shall not apply.
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
Office of the Under Secretary for Management
For an additional amount for the ``Office of the Under
Secretary for Management'', $200,000,000 for planning,
design, construction costs, site security, information
technology infrastructure, fixtures, and related costs to
consolidate the Department of Homeland Security headquarters:
Provided, That no later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of General Services,
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a plan for the
expenditure of these funds.
office of inspector general
For an additional amount for the ``Office of Inspector
General'', $5,000,000, to remain available until September
30, 2012, for oversight and audit of programs, grants, and
projects funded under this title.
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$160,000,000, of which $100,000,000 shall be for the
procurement and deployment of non-intrusive inspection
systems; and of which $60,000,000 shall be for procurement
and deployment of tactical communications equipment and
radios: Provided, That no later than 45 days
[[Page H1320]]
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan for expenditure of these funds.
border security fencing, infrastructure, and technology
For an additional amount for ``Border Security Fencing,
Infrastructure, and Technology'', $100,000,000 for expedited
development and deployment of border security technology on
the Southwest border: Provided, That no later than 45 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan for expenditure of these funds.
construction
For an additional amount for ``Construction'', $420,000,000
solely for planning, management, design, alteration, and
construction of U.S. Customs and Border Protection owned land
border ports of entry: Provided, That no later than 45 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan for expenditure of these funds.
U.S. Immigration and Customs Enforcement
automation modernization
For an additional amount for ``Automation Modernization'',
$20,000,000 for the procurement and deployment of tactical
communications equipment and radios: Provided, That no later
than 45 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a plan for expenditure of these funds.
Transportation Security Administration
aviation security
For an additional amount for ``Aviation Security'',
$1,000,000,000 for procurement and installation of checked
baggage explosives detection systems and checkpoint
explosives detection equipment: Provided, That the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall prioritize the award of these funds to
accelerate the installations at locations with completed
design plans: Provided further, That no later than 45 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan for the expenditure of these funds.
Coast Guard
acquisition, construction, and improvements
For an additional amount for ``Acquisition, Construction,
and Improvements'', $98,000,000 for shore facilities and aids
to navigation facilities; for priority procurements due to
materials and labor cost increases; and for costs to repair,
renovate, assess, or improve vessels: Provided, That no later
than 45 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a plan for the expenditure of these funds.
alteration of bridges
For an additional amount for ``Alteration of Bridges'',
$142,000,000 for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act
(33 U.S.C. 516): Provided, That the Coast Guard shall award
these funds to those bridges that are ready to proceed to
construction: Provided further, That no later than 45 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a plan for the expenditure of these funds.
Federal Emergency Management Agency
state and local programs
For an additional amount for grants, $300,000,000, to be
allocated as follows:
(1) $150,000,000 for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and
1163).
(2) $150,000,000 for Port Security Grants in accordance
with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c).
firefighter assistance grants
For an additional amount for competitive grants,
$210,000,000 for modifying, upgrading, or constructing non-
Federal fire stations: Provided, That up to 5 percent shall
be for program administration: Provided further, That no
grant shall exceed $15,000,000.
disaster assistance direct loan program account
Notwithstanding section 417(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, the amount of
any such loan issued pursuant to this section for major
disasters occurring in calendar year 2008 may exceed
$5,000,000, and may be equal to not more than 50 percent of
the annual operating budget of the local government in any
case in which that local government has suffered a loss of 25
percent or more in tax revenues: Provided, That the cost of
modifying such loans shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a).
emergency food and shelter
For an additional amount to carry out the emergency food
and shelter program pursuant to title III of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.),
$100,000,000: Provided, That total administrative costs shall
not exceed 3.5 percent of the total amount made available
under this heading.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Notwithstanding any other provision of law, the
President shall establish an arbitration panel under the
Federal Emergency Management Agency public assistance program
to expedite the recovery efforts from Hurricanes Katrina and
Rita within the Gulf Coast Region. The arbitration panel
shall have sufficient authority regarding the award or denial
of disputed public assistance applications for covered
hurricane damage under section 403, 406, or 407 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, or 5173) for a project the total amount
of which is more than $500,000.
Sec. 602. The Administrator of the Federal Emergency
Management Agency may not prohibit or restrict the use of
funds designated under the hazard mitigation grant program
for damage caused by Hurricanes Katrina and Rita if the
homeowner who is an applicant for assistance under such
program commenced work otherwise eligible for hazard
mitigation grant program assistance under section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c) without approval in writing from the
Administrator.
Sec. 603. Subparagraph (E) of section 34(a)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(a)(1)(E)) shall not apply with respect to funds
appropriated in this or any other Act making appropriations
for fiscal year 2009 or 2010 for grants under such section
34.
Sec. 604. (a) Requirement.--Except as provided in
subsections (c) through (g), funds appropriated or otherwise
available to the Department of Homeland Security may not be
used for the procurement of an item described in subsection
(b) if the item is not grown, reprocessed, reused, or
produced in the United States.
(b) Covered Items.--An item referred to in subsection (a)
is any of the following, if the item is directly related to
the national security interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components thereof,
other than sensors, electronics, or other items added to, and
not normally associated with, clothing (and the materials and
components thereof);
(B) tents, tarpaulins, covers, textile belts, bags,
protective equipment (including but not limited to body
armor), sleep systems, load carrying equipment (including but
not limited to fieldpacks), textile marine equipment,
parachutes, or bandages;
(C) cotton and other natural fiber products, woven silk or
woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric (including all
textile fibers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form of fiber or
yarn or contained in fabrics, materials, or manufactured
articles); or
(D) any item of individual equipment manufactured from or
containing such fibers, yarns, fabrics, or materials.
(c) Availability Exception.--Subsection (a) does not apply
to the extent that the Secretary of Homeland Security
determines that satisfactory quality and sufficient quantity
of any such article or item described in subsection (b)(1)
grown, reprocessed, reused, or produced in the United States
cannot be procured as and when needed at United States market
prices. This section is not applicable to covered items that
are, or include, materials determined to be non-available in
accordance with Federal Acquisition Regulation 25.104
Nonavailable Articles.
(d) De Minimis Exception.--Notwithstanding subsection (a),
the Secretary of Homeland Security may accept delivery of an
item covered by subsection (b) that contains non-compliant
fibers if the total value of non-compliant fibers contained
in the end item does not exceed 10 percent of the total
purchase price of the end item.
(e) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) Exception for Small Purchases.--Subsection (a) does not
apply to purchases for amounts not greater than the
simplified acquisition threshold referred to in section
2304(g) of title 10, United States Code.
(g) Applicability to Contracts and Subcontracts for
Procurement of Commercial Items.--This section is applicable
to contracts and subcontracts for the procurement of
commercial items not withstanding section 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 430), with the
exception of commercial items listed under subsections
(b)(1)(C) and (b)(1)(D) above. For the purposes of this
section, ``commercial'' shall be as defined in the Federal
Acquisition Regulation--Part 2.
(h) Geographic Coverage.--In this section, the term
``United States'' includes the possessions of the United
States.
(i) Notification Required Within 7 Days After Contract
Award if Certain Exceptions Applied.--In the case of any
contract for the procurement of an item described in
subsection (b)(1), if the Secretary of Homeland Security
applies an exception set forth in subsection (c) with respect
to that contract, the Secretary shall, not later than 7 days
after the award of the contract, post a notification that the
exception has been applied on the Internet site maintained by
the General Services Administration known as FedBizOps.gov
(or any successor site).
(j) Training During Fiscal Year 2009.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally
and substantially in the acquisition of textiles
[[Page H1321]]
on a regular basis receives training during fiscal year 2009
on the requirements of this section and the regulations
implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive
information on the requirements described in paragraph (1).
(k) Consistency with International Agreements.--This
section shall be applied in a manner consistent with United
States obligations under international agreements.
(l) Effective Date.--This section applies with respect to
contracts entered into by the Department of Homeland Security
180 days after the date of the enactment of this Act.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and
Resources'', for activities on all Bureau of Land Management
lands including maintenance, rehabilitation, and restoration
of facilities, property, trails and lands and for remediation
of abandoned mines and wells, $125,000,000.
construction
For an additional amount for ``Construction'', for
activities on all Bureau of Land Management lands including
construction, reconstruction, decommissioning and repair of
roads, bridges, trails, property, and facilities and for
energy efficient retrofits of existing facilities,
$180,000,000.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
for hazardous fuels reduction, $15,000,000.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', for
deferred maintenance, construction, and capital improvement
projects on national wildlife refuges and national fish
hatcheries and for high priority habitat restoration
projects, $165,000,000.
construction
For an additional amount for ``Construction'', for
construction, reconstruction, and repair of roads, bridges,
property, and facilities and for energy efficient retrofits
of existing facilities, $115,000,000.
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National
Park System'', for deferred maintenance of facilities and
trails and for other critical repair and rehabilitation
projects, $146,000,000.
Historic Preservation Fund
For an additional amount for ``Historic Preservation
Fund'', for historic preservation projects at historically
black colleges and universities as authorized by the Historic
Preservation Fund Act of 1996 and the Omnibus Parks and
Public Lands Act of 1996, $15,000,000: Provided, That any
matching requirements otherwise required for such projects
are waived.
construction
For an additional amount for ``Construction'', for repair
and restoration of roads; construction of facilities,
including energy efficient retrofits of existing facilities;
equipment replacement; preservation and repair of historical
resources within the National Park System; cleanup of
abandoned mine sites on park lands; and other critical
infrastructure projects, $589,000,000.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $140,000,000, for repair, construction and
restoration of facilities; equipment replacement and upgrades
including stream gages, and seismic and volcano monitoring
systems; national map activities; and other critical deferred
maintenance and improvement projects.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', for workforce training programs and the housing
improvement program, $40,000,000.
construction
For an additional amount for ``Construction'', for repair
and restoration of roads; replacement school construction;
school improvements and repairs; and detention center
maintenance and repairs, $450,000,000: Provided, That section
1606 of this Act shall not apply to tribal contracts entered
into by the Bureau of Indian Affairs with this appropriation.
indian guaranteed loan program account
For an additional amount for ``Indian Guaranteed Loan
Program Account'', $10,000,000.
Office of Inspector General
salaries and expenses
For an additional amount for ``Office of Inspector
General'', $15,000,000, to remain available until September
30, 2012.
ENVIROMENTAL PROTECTION AGENCY
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $20,000,000, to remain available until September
30, 2012.
Hazardous Substance Superfund
For an additional amount for ``Hazardous Substance
Superfund'', $600,000,000, which shall be for the Superfund
Remedial program: Provided, That the Administrator of the
Environmental Protection Agency (Administrator) may retain up
to 3 percent of the funds appropriated herein for management
and oversight purposes.
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage
Tank Trust Fund Program'', $200,000,000, which shall be for
cleanup activities authorized by section 9003(h) of the Solid
Waste Disposal Act: Provided, That none of these funds shall
be subject to cost share requirements under section
9003(h)(7)(B) of such Act: Provided further, That the
Administrator may retain up to 1.5 percent of the funds
appropriated herein for management and oversight purposes.
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for ``State and Tribal Assistance
Grants'', $6,400,000,000, which shall be allocated as
follows:
(1) $4,000,000,000 shall be for capitalization grants for
the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act and $2,000,000,000 shall
be for capitalization grants under section 1452 of the Safe
Drinking Water Act: Provided, That the Administrator may
retain up to 1 percent of the funds appropriated herein for
management and oversight purposes: Provided further, That
funds appropriated herein shall not be subject to the
matching or cost share requirements of sections 602(b)(2),
602(b)(3) or 202 of the Federal Water Pollution Control Act
nor the matching requirements of section 1452(e) of the Safe
Drinking Water Act: Provided further, That the Administrator
shall reallocate funds appropriated herein for the Clean and
Drinking Water State Revolving Funds (Revolving Funds) where
projects are not under contract or construction within 12
months of the date of enactment of this Act: Provided
further, That notwithstanding the priority rankings they
would otherwise receive under each program, priority for
funds appropriated herein shall be given to projects on a
State priority list that are ready to proceed to construction
within 12 months of the date of enactment of this Act:
Provided further, That notwithstanding the requirements of
section 603(d) of the Federal Water Pollution Control Act or
section 1452(f) of the Safe Drinking Water Act, for the funds
appropriated herein, each State shall use not less than 50
percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or
grants or any combination of these: Provided further, That,
to the extent there are sufficient eligible project
applications, not less than 20 percent of the funds
appropriated herein for the Revolving Funds shall be for
projects to address green infrastructure, water or energy
efficiency improvements or other environmentally innovative
activities: Provided further, That notwithstanding the
limitation on amounts specified in section 518(c) of the
Federal Water Pollution Control Act, up to 1.5 percent of the
funds appropriated herein for the Clean Water State Revolving
Funds may be reserved by the Administrator for tribal grants
under section 518(c) of such Act: Provided further, That up
to 4 percent of the funds appropriated herein for tribal set-
asides under the Revolving Funds may be transferred to the
Indian Health Service to support management and oversight of
tribal projects: Provided further, That none of the funds
appropriated herein shall be available for the purchase of
land or easements as authorized by section 603(c) of the
Federal Water Pollution Control Act or for activities
authorized by section 1452(k) of the Safe Drinking Water Act:
Provided further, That notwithstanding section 603(d)(2) of
the Federal Water Pollution Control Act and section
1452(f)(2) of the Safe Drinking Water Act, funds may be used
to buy, refinance or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after October 1, 2008;
(2) $100,000,000 shall be to carry out Brownfields projects
authorized by section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980: Provided, That the Administrator may reserve up to 3.5
percent of the funds appropriated herein for management and
oversight purposes: Provided further, That none of the funds
appropriated herein shall be subject to cost share
requirements under section 104(k)(9)(B)(iii) of such Act; and
(3) $300,000,000 shall be for Diesel Emission Reduction Act
grants pursuant to title VII, subtitle G of the Energy Policy
Act of 2005: Provided, That the Administrator may reserve up
to 2 percent of the funds appropriated herein for management
and oversight purposes: Provided further, That none of the
funds appropriated herein for Diesel Emission Reduction Act
grants shall be subject to the State Grant and Loan Program
Matching Incentive provisions of section 793(c)(3) of such
Act.
Administrative Provision, Environmental Protection Agency
(Including Transfers of Funds)
Funds made available to the Environmental Protection Agency
by this Act for management and oversight purposes shall
remain available until September 30, 2011, and may be
transferred to the ``Environmental Programs and Management''
account as needed.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $650,000,000, for
[[Page H1322]]
priority road, bridge and trail maintenance and
decommissioning, including related watershed restoration and
ecosystem enhancement projects; facilities improvement,
maintenance and renovation; remediation of abandoned mine
sites; and support costs necessary to carry out this work.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$500,000,000, of which $250,000,000 is for hazardous fuels
reduction, forest health protection, rehabilitation and
hazard mitigation activities on Federal lands and of which
$250,000,000 is for State and private forestry activities
including hazardous fuels reduction, forest health and
ecosystem improvement activities on State and private lands
using all authorities available to the Forest Service:
Provided, That up to $50,000,000 of the total funding may be
used to make wood-to-energy grants to promote increased
utilization of biomass from Federal, State and private lands:
Provided further, That funds provided for activities on State
and private lands shall not be subject to matching or cost
share requirements.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'',
for health information technology activities, $85,000,000:
Provided, That such funds may be used for both telehealth
services development and related infrastructure requirements
that are typically funded through the ``Indian Health
Facilities'' account: Provided further, That notwithstanding
any other provision of law, health information technology
funds provided within this title shall be allocated at the
discretion of the Director of the Indian Health Service.
indian health facilities
For an additional amount for ``Indian Health Facilities'',
for facilities construction projects, deferred maintenance
and improvement projects, the backlog of sanitation projects
and the purchase of equipment, $415,000,000, of which
$227,000,000 is provided within the health facilities
construction activity for the completion of up to two
facilities from the current priority list for which work has
already been initiated: Provided, That for the purposes of
this Act, spending caps included within the annual
appropriation for ``Indian Health Facilities'' for the
purchase of medical equipment shall not apply: Provided
further, That section 1606 of this Act shall not apply to
tribal contracts entered into by the Service with this
appropriation.
OTHER RELATED AGENCIES
Smithsonian Institution
Facilities Capital
For an additional amount for ``Facilities Capital'', for
repair and revitalization of existing facilities,
$25,000,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For an additional amount for ``Grants and Administration'',
$50,000,000, to be distributed in direct grants to fund arts
projects and activities which preserve jobs in the non-profit
arts sector threatened by declines in philanthropic and other
support during the current economic downturn: Provided, That
40 percent of such funds shall be distributed to State arts
agencies and regional arts organizations in a manner similar
to the agency's current practice and 60 percent of such funds
shall be for competitively selected arts projects and
activities according to sections 2 and 5(c) of the National
Foundation on the Arts and Humanities Act of 1965 (20 U.S.C.
951, 954(c)): Provided further, That matching requirements
under section 5(e) of such Act shall be waived.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. (a) Within 30 days of enactment of this Act, each
agency receiving funds under this title shall submit a
general plan for the expenditure of such funds to the House
and Senate Committees on Appropriations.
(b) Within 90 days of enactment of this Act, each agency
receiving funds under this title shall submit to the
Committees a report containing detailed project level
information associated with the general plan submitted
pursuant to subsection (a).
Sec. 702. In carrying out the work for which funds in this
title are being made available, the Secretary of the Interior
and the Secretary of Agriculture shall utilize, where
practicable, the Public Lands Corps, Youth Conservation
Corps, Student Conservation Association, Job Corps and other
related partnerships with Federal, State, local, tribal or
non-profit groups that serve young adults.
Sec. 703. Each agency receiving funds under this title may
transfer up to 10 percent of the funds in any account to
other appropriation accounts within the agency, if the head
of the agency (1) determines that the transfer will enhance
the efficiency or effectiveness of the use of the funds
without changing the intended purpose; and (2) notifies the
Committees on Appropriations of the House of Representatives
and the Senate 10 days prior to the transfer.
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment
Services'' for activities under the Workforce Investment Act
of 1998 (``WIA''), $3,950,000,000, which shall be available
for obligation on the date of enactment of this Act, as
follows:
(1) $500,000,000 for grants to the States for adult
employment and training activities, including supportive
services and needs-related payments described in section
134(e)(2) and (3) of the WIA: Provided, That a priority use
of these funds shall be services to individuals described in
134(d)(4)(E) of the WIA;
(2) $1,200,000,000 for grants to the States for youth
activities, including summer employment for youth: Provided,
That no portion of such funds shall be reserved to carry out
section 127(b)(1)(A) of the WIA: Provided further, That for
purposes of section 127(b)(1)(C)(iv) of the WIA, funds
available for youth activities shall be allotted as if the
total amount available for youth activities in the fiscal
year does not exceed $1,000,000,000: Provided further, That
with respect to the youth activities provided with such
funds, section 101(13)(A) of the WIA shall be applied by
substituting ``age 24'' for ``age 21'': Provided further,
That the work readiness performance indicator described in
section 136(b)(2)(A)(ii)(I) of the WIA shall be the only
measure of performance used to assess the effectiveness of
summer employment for youth provided with such funds;
(3) $1,250,000,000 for grants to the States for dislocated
worker employment and training activities;
(4) $200,000,000 for the dislocated workers assistance
national reserve;
(5) $50,000,000 for YouthBuild activities: Provided, That
for program years 2008 and 2009, the YouthBuild program may
serve an individual who has dropped out of high school and
re-enrolled in an alternative school, if that re-enrollment
is part of a sequential service strategy; and
(6) $750,000,000 for a program of competitive grants for
worker training and placement in high growth and emerging
industry sectors: Provided, That $500,000,000 shall be for
research, labor exchange and job training projects that
prepare workers for careers in energy efficiency and
renewable energy as described in section 171(e)(1)(B) of the
WIA: Provided further, That in awarding grants from those
funds not designated in the preceding proviso, the Secretary
of Labor shall give priority to projects that prepare workers
for careers in the health care sector:
Provided, That funds made available in this paragraph shall
remain available through June 30, 2010: Provided further,
That a local board may award a contract to an institution of
higher education or other eligible training provider if the
local board determines that it would facilitate the training
of multiple individuals in high-demand occupations, if such
contract does not limit customer choice.
community service employment for older americans
For an additional amount for ``Community Service
Employment for Older Americans'' to carry out title V of the
Older Americans Act of 1965, $120,000,000, which shall be
available for obligation on the date of enactment of this Act
and shall remain available through June 30, 2010: Provided,
That funds shall be allotted within 30 days of such enactment
to current grantees in proportion to their allotment in
program year 2008: Provided further, That funds made
available under this heading in this Act may, in accordance
with section 517(c) of the Older Americans Act of 1965, be
recaptured and reobligated.
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment Insurance
and Employment Service Operations'' for grants to States in
accordance with section 6 of the Wagner-Peyser Act,
$400,000,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund, and which shall be available for obligation on the date
of enactment of this Act: Provided, That such funds shall
remain available to the States through September 30, 2010:
Provided further, That $250,000,000 of such funds shall be
used by States for reemployment services for unemployment
insurance claimants (including the integrated Employment
Service and Unemployment Insurance information technology
required to identify and serve the needs of such claimants):
Provided further, That the Secretary of Labor shall establish
planning and reporting procedures necessary to provide
oversight of funds used for reemployment services.
Departmental Management
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Management'',
$80,000,000, for the enforcement of worker protection laws
and regulations, oversight, and coordination activities
related to the infrastructure and unemployment insurance
investments in this Act: Provided, That the Secretary of
Labor may transfer such sums as necessary to ``Employment and
Standards Administration'', ``Employee Benefits Security
Administration'', ``Occupational Safety and Health
Administration'', and ``Employment and Training
Administration--Program Administration'' for enforcement,
oversight, and coordination activities: Provided further,
That prior to obligating any funds proposed to be transferred
from this account, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate an operating plan describing the planned uses
of each amount proposed to be transferred.
office of job corps
For an additional amount for ``Office of Job Corps'',
$250,000,000, for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
upon the date of enactment of this Act and remain available
for obligation through June 30, 2010: Provided, That
[[Page H1323]]
section 1552(a) of title 31, United States Code shall not
apply if funds are used for a multi-year lease agreement that
will result in construction activities that can commence
within 120 days of enactment of this Act: Provided further,
That notwithstanding section 3324(a) of title 31, United
States Code, the funds used for an agreement under the
preceding proviso may be used for advance, progress, and
other payments: Provided further, That the Secretary of Labor
may transfer up to 15 percent of such funds to meet the
operational needs of such centers, which may include training
for careers in the energy efficiency, renewable energy, and
environmental protection industries: Provided further, That
the Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
an operating plan describing the allocation of funds, and a
report on the actual obligations, expenditures, and
unobligated balances for each activity funded under this
heading not later than September 30, 2009 and quarterly
thereafter as long as funding provided under this heading is
available for obligation or expenditure.
office of inspector general
For an additional amount for the ``Office of Inspector
General'', $6,000,000, which shall remain available through
September 30, 2012, for salaries and expenses necessary for
oversight and audit of programs, grants, and projects funded
in this Act.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For an additional amount for ``Health Resources and
Services'', $2,500,000,000 which shall be used as follows:
(1) $500,000,000 shall be for grants to health centers
authorized under section 330 of the Public Health Service Act
(``PHS Act'');
(2) $1,500,000,000 shall be available for grants for
construction, renovation and equipment, and for the
acquisition of health information technology systems, for
health centers including health center controlled networks
receiving operating grants under section 330 of the PHS Act,
notwithstanding the limitation in section 330(e)(3); and
(3) $500,000,000 to address health professions workforce
shortages, of which $75,000,000 for the National Health
Service Corps shall remain available through September 30,
2011: Provided, That funds may be used to provide
scholarships, loan repayment, and grants to training programs
for equipment as authorized in the PHS Act, and grants
authorized in sections 330L, 747, 767 and 768 of the PHS Act:
Provided further, That 20 percent of the funds allocated to
the National Health Service Corps shall be used for field
operations:
Provided, That up to 0.5 percent of funds provided in this
paragraph may used for administration of such funds: Provided
further, That the Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate an operating plan detailing activities to be supported
and timelines for expenditure prior to making any Federal
obligations of funds provided in this paragraph but not later
than 90 days after the date of enactment of this Act:
Provided further, That the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity
funded in this paragraph not later than November 1, 2009 and
every 6 months thereafter as long as funding provided in this
paragraph is available for obligation or expenditure.
National Institutes of Health
national center for research resources
For an additional amount for ``National Center for Research
Resources'', $1,300,000,000, of which $1,000,000,000 shall be
for grants or contracts under section 481A of the Public
Health Service Act to construct, renovate or repair existing
non-Federal research facilities: Provided, That sections
481A(c)(1)(B)(ii), paragraphs (1), (3), and (4) of section
481A(e), and section 481B of such Act shall not apply to the
use of such funds: Provided further, That the references to
``20 years'' in subsections (c)(1)(B)(i) and (f) of section
481A of such Act are deemed to be references to ``10 years''
for purposes of using such funds: Provided further, That the
National Center for Research Resources may also use
$300,000,000 to provide, under the authority of section 301
and title IV of such Act, shared instrumentation and other
capital research equipment to recipients of grants and
contracts under section 481A of such Act and other
appropriate entities: Provided further, That the Director of
the Center shall provide to the Committees on Appropriations
of the House of Representatives and the Senate an annual
report indicating the number of institutions receiving awards
of a grant or contract under section 481A of such Act, the
proposed use of the funding, the average award size, a list
of grant or contract recipients, and the amount of each
award.
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$8,200,000,000: Provided, That $7,400,000,000 shall be
transferred to the Institutes and Centers of the National
Institutes of Health (``NIH'') and to the Common Fund
established under section 402A(c)(1) of the Public Health
Service Act in proportion to the appropriations otherwise
made to such Institutes, Centers, and Common Fund for fiscal
year 2009: Provided further, That these funds shall be used
to support additional scientific research and shall be merged
with and be available for the same purposes as the
appropriation or fund to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the NIH: Provided further,
That none of these funds may be transferred to ``National
Institutes of Health--Buildings and Facilities'', the Center
for Scientific Review, the Center for Information Technology,
the Clinical Center, or the Global Fund for HIV/AIDS,
Tuberculosis and Malaria: Provided further, That the funds
provided in this Act to the NIH shall not be subject to the
provisions of 15 U.S.C. 638(f)(1) and 15 U.S.C. 638(n)(1):
Provided further, That $400,000,000 may be used to carry out
section 215 of division G of Public Law 110-161.
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$500,000,000, to fund high-priority repair, construction and
improvement projects for National Institutes of Health
facilities on the Bethesda, Maryland campus and other agency
locations.
Agency for Healthcare Research and Quality
healthcare research and quality
(including transfer of funds)
For an additional amount for ``Healthcare Research and
Quality'' to carry out titles III and IX of the Public Health
Service Act, part A of title XI of the Social Security Act,
and section 1013 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, $700,000,000 for
comparative effectiveness research: Provided, That of the
amount appropriated in this paragraph, $400,000,000 shall be
transferred to the Office of the Director of the National
Institutes of Health (``Office of the Director'') to conduct
or support comparative effectiveness research under section
301 and title IV of the Public Health Service Act: Provided
further, That funds transferred to the Office of the Director
may be transferred to the Institutes and Centers of the
National Institutes of Health and to the Common Fund
established under section 402A(c)(1) of the Public Health
Service Act: Provided further, That this transfer authority
is in addition to any other transfer authority available to
the National Institutes of Health: Provided further, That
within the amount available in this paragraph for the Agency
for Healthcare Research and Quality, not more than 1 percent
shall be made available for additional full-time equivalents.
In addition, $400,000,000 shall be available for
comparative effectiveness research to be allocated at the
discretion of the Secretary of Health and Human Services
(``Secretary''): Provided, That the funding appropriated in
this paragraph shall be used to accelerate the development
and dissemination of research assessing the comparative
effectiveness of health care treatments and strategies,
through efforts that: (1) conduct, support, or synthesize
research that compares the clinical outcomes, effectiveness,
and appropriateness of items, services, and procedures that
are used to prevent, diagnose, or treat diseases, disorders,
and other health conditions; and (2) encourage the
development and use of clinical registries, clinical data
networks, and other forms of electronic health data that can
be used to generate or obtain outcomes data: Provided
further, That the Secretary shall enter into a contract with
the Institute of Medicine, for which no more than $1,500,000
shall be made available from funds provided in this
paragraph, to produce and submit a report to the Congress and
the Secretary by not later than June 30, 2009, that includes
recommendations on the national priorities for comparative
effectiveness research to be conducted or supported with the
funds provided in this paragraph and that considers input
from stakeholders: Provided further, That the Secretary shall
consider any recommendations of the Federal Coordinating
Council for Comparative Effectiveness Research established by
section 804 of this Act and any recommendations included in
the Institute of Medicine report pursuant to the preceding
proviso in designating activities to receive funds provided
in this paragraph and may make grants and contracts with
appropriate entities, which may include agencies within the
Department of Health and Human Services and other
governmental agencies, as well as private sector entities,
that have demonstrated experience and capacity to achieve the
goals of comparative effectiveness research: Provided
further, That the Secretary shall publish information on
grants and contracts awarded with the funds provided under
this heading within a reasonable time of the obligation of
funds for such grants and contracts and shall disseminate
research findings from such grants and contracts to
clinicians, patients, and the general public, as appropriate:
Provided further, That, to the extent feasible, the Secretary
shall ensure that the recipients of the funds provided by
this paragraph offer an opportunity for public comment on the
research: Provided further, That research conducted with
funds appropriated under this paragraph shall be consistent
with Departmental policies relating to the inclusion of women
and minorities in research: Provided further, That the
Secretary shall provide the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Energy and Commerce and the Committee on Ways and Means of
the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions and the Committee on Finance
of the Senate with an annual report on the research conducted
or supported through the funds provided under this heading:
Provided further, That the Secretary, jointly with the
Directors of the Agency for Healthcare Research and Quality
and the National Institutes of Health, shall provide the
Committees on Appropriations of the House of Representatives
and the Senate a fiscal year 2009 operating plan for the
funds appropriated under this heading prior to making any
Federal obligations of such funds
[[Page H1324]]
in fiscal year 2009, but not later than July 30, 2009, and a
fiscal year 2010 operating plan for such funds prior to
making any Federal obligations of such funds in fiscal year
2010, but not later than November 1, 2009, that detail the
type of research being conducted or supported, including the
priority conditions addressed; and specify the allocation of
resources within the Department of Health and Human Services:
Provided further, That the Secretary, jointly with the
Directors of the Agency for Healthcare Research and Quality
and the National Institutes of Health, shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity
funded under this heading not later than November 1, 2009,
and every 6 months thereafter as long as funding provided
under this heading is available for obligation or
expenditure.
Administration for Children and Families
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $2,000,000,000,
which shall be used to supplement, not supplant State general
revenue funds for child care assistance for low-income
families: Provided, That, in addition to the amounts required
to be reserved by the States under section 658G of the Child
Care and Development Block Grant Act of 1990, $255,186,000
shall be reserved by the States for activities authorized
under section 658G, of which $93,587,000 shall be for
activities that improve the quality of infant and toddler
care.
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $3,150,000,000, which shall be used as
follows:
(1) $1,000,000,000 for carrying out activities under the
Head Start Act.
(2) $1,100,000,000 for expansion of Early Head Start
programs, as described in section 645A of the Head Start Act:
Provided, That of the funds provided in this paragraph, up to
10 percent shall be available for the provision of training
and technical assistance to such programs consistent with
section 645A(g)(2) of such Act, and up to 3 percent shall be
available for monitoring the operation of such programs
consistent with section 641A of such Act.
(3) $1,000,000,000 for carrying out activities under
sections 674 through 679 of the Community Services Block
Grant Act, of which no part shall be subject to section
674(b)(3) of such Act: Provided, That notwithstanding section
675C(a)(1) and 675C(b) of such Act, 1 percent of the funds
made available to each State from this additional amount
shall be used for benefits enrollment coordination activities
relating to the identification and enrollment of eligible
individuals and families in Federal, State, and local benefit
programs: Provided further, That all funds remaining
available to a State from this additional amount after
application of the previous proviso shall be distributed to
eligible entities as defined in section 673(1) of such Act:
Provided further, That for services furnished under such Act
during fiscal years 2009 and 2010, States may apply the last
sentence of section 673(2) of such Act by substituting ``200
percent'' for ``125 percent''.
(4) $50,000,000 for carrying out activities under section
1110 of the Social Security Act.
Administration on Aging
aging services programs
For an additional amount for ``Aging Services Programs''
under subparts 1 and 2 of part C, of title III, and under
title VI, of the Older Americans Act of 1965, $100,000,000,
of which $65,000,000 shall be for Congregate Nutrition
Services, $32,000,000 shall be for Home-Delivered Nutrition
Services and $3,000,000 shall be for Nutrition Services for
Native Americans.
Office of the Secretary
office of the national coordinator for health information technology
(including transfer of funds)
For an additional amount for ``Office of the National
Coordinator for Health Information Technology'',
$2,000,000,000, to carry out title XIII of this Act, to
remain available until expended: Provided, That of such
amount, the Secretary of Health and Human Services shall
transfer $20,000,000 to the Director of the National
Institute of Standards and Technology in the Department of
Commerce for continued work on advancing health care
information enterprise integration through activities such as
technical standards analysis and establishment of conformance
testing infrastructure, so long as such activities are
coordinated with the Office of the National Coordinator for
Health Information Technology: Provided further, that
$300,000,000 is to support regional or sub-national efforts
toward health information exchange: Provided further, That
0.25 percent of the funds provided in this paragraph may be
used for administration of such funds: Provided further, That
funds available under this heading shall become available for
obligation only upon submission of an annual operating plan
by the Secretary to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That the fiscal year 2009 operating plan shall be provided
not later than 90 days after enactment of this Act and that
subsequent annual operating plans shall be provided not later
than November 1 of each year: Provided further, That these
operating plans shall describe how expenditures are aligned
with the specific objectives, milestones, and metrics of the
Federal Health Information Technology Strategic Plan,
including any subsequent updates to the Plan; the allocation
of resources within the Department of Health and Human
Services and other Federal agencies; and the identification
of programs and activities that are supported: Provided
further, That the Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate a report on the actual obligations, expenditures, and
unobligated balances for each major set of activities not
later than November 1, 2009, and every 6 months thereafter as
long as funding provided under this heading is available for
obligation or expenditure.
office of inspector general
For an additional amount for the ``Office of Inspector
General'', $17,000,000 which shall remain available until
September 30, 2012.
public health and social services emergency fund
For an additional amount for ``Public Health and Social
Services Emergency Fund'' to improve information technology
security at the Department of Health and Human Services,
$50,000,000.
prevention and wellness fund
(including transfer of funds)
For necessary expenses for a ``Prevention and Wellness
Fund'' to be administered through the Department of Health
and Human Services, Office of the Secretary, $1,000,000,000:
Provided, That of the amount provided in this paragraph,
$300,000,000 shall be transferred to the Centers for Disease
Control and Prevention (``CDC'') as an additional amount to
carry out the immunization program (``section 317
immunization program'') authorized by section 317(a), (j),
and (k)(1) of the Public Health Service Act (``PHS Act''):
Provided further, That of the amount provided in this
paragraph, $650,000,000 shall be to carry out evidence-based
clinical and community-based prevention and wellness
strategies authorized by the PHS Act, as determined by the
Secretary, that deliver specific, measurable health outcomes
that address chronic disease rates: Provided further, That
funds appropriated in the preceding proviso may be
transferred to other appropriation accounts of the Department
of Health and Human Services, as determined by the Secretary
to be appropriate: Provided further, That of the amount
appropriated in this paragraph, $50,000,000 shall be provided
to States for an additional amount to carry out activities to
implement healthcare-associated infections reduction
strategies: Provided further, That not more than 0.5 percent
of funds made available in this paragraph may be used for
management and oversight expenses in the office or division
of the Department of Health and Human Services administering
the funds: Provided further, That the Secretary shall,
directly or through contracts with public or private
entities, provide for annual evaluations of programs carried
out with funds provided under this heading in order to
determine the quality and effectiveness of the programs:
Provided further, That the Secretary shall, not later than 1
year after the date of enactment of this Act, submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report
summarizing the annual evaluations of programs from the
preceding proviso: Provided further, That the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate an operating plan for the
Prevention and Wellness Fund prior to making any Federal
obligations of funds provided in this paragraph (excluding
funds to carry out the section 317 immunization program), but
not later than 90 days after the date of enactment of this
Act, that indicates the prevention priorities to be
addressed; provides measurable goals for each prevention
priority; details the allocation of resources within the
Department of Health and Human Services; and identifies which
programs or activities are supported, including descriptions
of any new programs or activities: Provided further, That the
Secretary shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a report on
the actual obligations, expenditures, and unobligated
balances for each activity funded under this heading not
later than November 1, 2009, and every 6 months thereafter as
long as funding provided under this heading is available for
obligation or expenditure.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For an additional amount for ``Education for the
Disadvantaged'' to carry out title I of the Elementary and
Secondary Education Act of 1965 (``ESEA''), $13,000,000,000:
Provided, That $5,000,000,000 shall be available for targeted
grants under section 1125 of the ESEA: Provided further, That
$5,000,000,000 shall be available for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $3,000,000,000 shall be for school improvement
grants under section 1003(g) of the ESEA: Provided further,
That each local educational agency receiving funds available
under this paragraph shall be required to file with the State
educational agency, no later than December 1, 2009, a school-
by-school listing of per-pupil educational expenditures from
State and local sources during the 2008-2009 academic year:
Provided further, That each State educational agency shall
report that information to the Secretary of Education by
March 31, 2010.
Impact Aid
For an additional amount for ``Impact Aid'' to carry out
section 8007 of title VIII of the Elementary and Secondary
Education Act of 1965, $100,000,000, which shall be expended
pursuant to the requirements of section 805.
School Improvement Programs
For an additional amount for ``School Improvement
Programs'' to carry out subpart 1,
[[Page H1325]]
part D of title II of the Elementary and Secondary Education
Act of 1965 (``ESEA''), and subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act, $720,000,000:
Provided, That $650,000,000 shall be available for subpart 1,
part D of title II of the ESEA: Provided further, That the
Secretary shall allot $70,000,000 for grants under McKinney-
Vento to each State in proportion to the number of homeless
students identified by the State during the 2007-2008 school
year relative to the number of such children identified
nationally during that school year: Provided further, That
State educational agencies shall subgrant the McKinney-Vento
funds to local educational agencies on a competitive basis or
according to a formula based on the number of homeless
students identified by the local educational agencies in the
State: Provided further, That the Secretary shall distribute
the McKinney-Vento funds to the States not later than 60 days
after the date of the enactment of this Act: Provided
further, That each State shall subgrant the McKinney-Vento
funds to local educational agencies not later than 120 days
after receiving its grant from the Secretary.
Innovation and Improvement
For an additional amount for ``Innovation and Improvement''
to carry out subpart 1, part D of title V of the Elementary
and Secondary Education Act of 1965 (``ESEA''), $200,000,000:
Provided, That these funds shall be expended as directed in
the fifth, sixth, and seventh provisos under the heading
``Innovation and Improvement'' in the Department of Education
Appropriations Act, 2008: Provided further, That a portion of
these funds shall also be used for a rigorous national
evaluation by the Institute of Education Sciences, utilizing
randomized controlled methodology to the extent feasible,
that assesses the impact of performance-based teacher and
principal compensation systems supported by the funds
provided in this Act on teacher and principal recruitment and
retention in high-need schools and subjects: Provided
further, That the Secretary may reserve up to 1 percent of
the amount made available under this heading for management
and oversight of the activities supported with those funds.
Special Education
For an additional amount for ``Special Education'' for
carrying out parts B and C of the Individuals with
Disabilities Education Act (``IDEA''), $12,200,000,000, of
which $11,300,000,000 shall be available for section 611 of
the IDEA: Provided, That if every State, as defined by
section 602(31) of the IDEA, reaches its maximum allocation
under section 611(d)(3)(B)(iii) of the IDEA, and there are
remaining funds, such funds shall be proportionally allocated
to each State subject to the maximum amounts contained in
section 611(a)(2) of the IDEA: Provided further, That by July
1, 2009, the Secretary of Education shall reserve the amount
needed for grants under section 643(e) of the IDEA, with any
remaining funds to be allocated in accordance with section
643(c) of the IDEA: Provided further, That the total amount
for each of sections 611(b)(2) and 643(b)(1) of the IDEA,
under this and all other Acts, for fiscal year 2009, whenever
enacted, shall be equal to the amounts respectively available
for these activities under these sections during fiscal year
2008 increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA: Provided further, That
$400,000,000 shall be available for section 619 of the IDEA
and $500,000,000 shall be available for part C of the IDEA.
Rehabilitation Services and Disability Research
For an additional amount for ``Rehabilitation Services and
Disability Research'' for providing grants to States to carry
out the Vocational Rehabilitation Services program under part
B of title I and parts B and C of chapter 1 and chapter 2 of
title VII of the Rehabilitation Act of 1973, $680,000,000:
Provided, That $540,000,000 shall be available for part B of
title I of the Rehabilitation Act: Provided further, That
funds provided herein shall not be considered in determining
the amount required to be appropriated under section
100(b)(1) of the Rehabilitation Act of 1973 in any fiscal
year: Provided further, That, notwithstanding section
7(14)(A), the Federal share of the costs of vocational
rehabilitation services provided with the funds provided
herein shall be 100 percent: Provided further, That
$140,000,000 shall be available for parts B and C of chapter
1 and chapter 2 of title VII of the Rehabilitation Act:
Provided further, That $18,200,000 shall be for State Grants,
$87,500,000 shall be for independent living centers, and
$34,300,000 shall be for services for older blind
individuals.
Student Financial Assistance
For an additional amount for ``Student Financial
Assistance'' to carry out subpart 1 of part A and part C of
title IV of the Higher Education Act of 1965 (``HEA''),
$15,840,000,000, which shall remain available through
September 30, 2011: Provided, That $15,640,000,000 shall be
available for subpart 1 of part A of title IV of the HEA:
Provided further, That $200,000,000 shall be available for
part C of title IV of the HEA.
The maximum Pell Grant for which a student shall be
eligible during award year 2009-2010 shall be $4,860.
Student Aid Administration
For an additional amount for ``Student Aid Administration''
to carry out part D of title I, and subparts 1, 3, and 4 of
part A, and parts B, C, D, and E of title IV of the Higher
Education Act of 1965, $60,000,000.
Higher Education
For an additional amount for ``Higher Education'' to carry
out part A of title II of the Higher Education Act of 1965,
$100,000,000.
Institute of Education Sciences
For an additional amount for ``Institute of Education
Sciences'' to carry out section 208 of the Educational
Technical Assistance Act, $250,000,000, which may be used for
Statewide data systems that include postsecondary and
workforce information, of which up to $5,000,000 may be used
for State data coordinators and for awards to public or
private organizations or agencies to improve data
coordination.
Departmental Management
office of the inspector general
For an additional amount for the ``Office of the Inspector
General'', $14,000,000, which shall remain available through
September 30, 2012, for salaries and expenses necessary for
oversight and audit of programs, grants, and projects funded
in this Act.
RELATED AGENCIES
Corporation for National and Community Service
Operating Expenses
(including transfer of funds)
For an additional amount for ``Operating Expenses'' to
carry out the Domestic Volunteer Service Act of 1973 (``1973
Act'') and the National and Community Service Act of 1990
(``1990 Act''), $160,000,000: Provided, That $89,000,000 of
the funds made available in this paragraph shall be used to
make additional awards to existing AmeriCorps grantees and
may be used to provide adjustments to awards under subtitle C
of title I of the 1990 Act made prior to September 30, 2010
for which the Chief Executive Officer of the Corporation for
National and Community Service (``CEO'') determines that a
waiver of the Federal share limitation is warranted under
section 2521.70 of title 45 of the Code of Federal
Regulations: Provided further, That of the amount made
available in this paragraph, not less than $6,000,000 shall
be transferred to ``Salaries and Expenses'' for necessary
expenses relating to information technology upgrades, of
which up to $800,000 may be used to administer the funds
provided in this paragraph: Provided further, That of the
amount provided in this paragraph, not less than $65,000,000
shall be for programs under title I, part A of the 1973 Act:
Provided further, That funds provided in the previous proviso
shall not be made available in connection with cost-share
agreements authorized under section 192A(g)(10) of the 1990
Act: Provided further, That of the funds available under this
heading, up to 20 percent of funds allocated to grants
authorized under section 124(b) of title I, subtitle C of the
1990 Act may be used to administer, reimburse, or support any
national service program under section 129(d)(2) of the 1990
Act: Provided further, That, except as provided herein and in
addition to requirements identified herein, funds provided in
this paragraph shall be subject to the terms and conditions
under which funds were appropriated in fiscal year 2008:
Provided further, That the CEO shall provide the Committees
on Appropriations of the House of Representatives and the
Senate a fiscal year 2009 operating plan for the funds
appropriated in this paragraph prior to making any Federal
obligations of such funds in fiscal year 2009, but not later
than 90 days after the date of enactment of this Act, and a
fiscal year 2010 operating plan for such funds prior to
making any Federal obligations of such funds in fiscal year
2010, but not later than November 1, 2009, that detail the
allocation of resources and the increased number of members
supported by the AmeriCorps programs: Provided further, That
the CEO shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a report on the
actual obligations, expenditures, and unobligated balances
for each activity funded under this heading not later than
November 1, 2009, and every 6 months thereafter as long as
funding provided under this heading is available for
obligation or expenditure.
Office of Inspector General
For an additional amount for the ``Office of Inspector
General'', $1,000,000, which shall remain available until
September 30, 2012.
National Service Trust
(including transfer of funds)
For an additional amount for ``National Service Trust''
established under subtitle D of title I of the National and
Community Service Act of 1990 (``1990 Act''), $40,000,000,
which shall remain available until expended: Provided, That
the Corporation for National and Community Service may
transfer additional funds from the amount provided within
``Operating Expenses'' for grants made under subtitle C of
title I of the 1990 Act to this appropriation upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That the amount appropriated for or transferred to the
National Service Trust may be invested under section 145(b)
of the 1990 Act without regard to the requirement to
apportion funds under 31 U.S.C. 1513(b).
Social Security Administration
Limitation on Administrative Expenses
(including transfer of funds)
For an additional amount for ``Limitation on Administrative
Expenses'', $1,000,000,000 shall be available as follows:
(1) $500,000,000 shall remain available until expended for
necessary expenses of the replacement of the National
Computer Center and the information technology costs
associated with such Center: Provided, That the Commissioner
of Social Security shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 10 days prior to each public notice soliciting
bids related to site selection and construction and prior to
the lease
[[Page H1326]]
or purchase of such site: Provided further, That the
construction plan and site selection for such center shall be
subject to review and approval by the Office of Management
and Budget: Provided further, That such center shall continue
to be a government-operated facility; and
(2) $500,000,000 for processing disability and retirement
workloads, including information technology acquisitions and
research in support of such activities: Provided, That up to
$40,000,000 may be used by the Commissioner of Social
Security for health information technology research and
activities to facilitate the adoption of electronic medical
records in disability claims, including the transfer of funds
to ``Supplemental Security Income Program'' to carry out
activities under section 1110 of the Social Security Act.
Office of Inspector General
For an additional amount for the ``Office of Inspector
General'', $2,000,000, which shall remain available through
September 30, 2012, for salaries and expenses necessary for
oversight and audit of programs, projects, and activities
funded in this Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 801. (a) Up to 1 percent of the funds made available
to the Department of Labor in this title may be used for the
administration, management, and oversight of the programs,
grants, and activities funded by such appropriation,
including the evaluation of the use of such funds.
(b) Funds designated for these purposes may be available
for obligation through September 30, 2010.
(c) Not later than 30 days after enactment of this Act, the
Secretary of Labor shall provide an operating plan describing
the proposed use of funds for the purposes described in (a).
Sec. 802. Report on the Impact of Past and Future Minimum
Wage Increases. (a) In General.--Section 8104 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 189) is amended to read as follows:
``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM
WAGE INCREASES.
``(a) Study.--Beginning on the date that is 60 days after
the date of enactment of this Act, and every year thereafter
until the minimum wage in the respective territory is $7.25
per hour, the Government Accountability Office shall conduct
a study to--
``(1) assess the impact of the minimum wage increases that
occurred in American Samoa and the Commonwealth of the
Northern Mariana Islands in 2007 and 2008, as required under
Public Law 110-28, on the rates of employment and the living
standards of workers, with full consideration of the other
factors that impact rates of employment and the living
standards of workers such as inflation in the cost of food,
energy, and other commodities; and
``(2) estimate the impact of any further wage increases on
rates of employment and the living standards of workers in
American Samoa and the Commonwealth of the Northern Mariana
Islands, with full consideration of the other factors that
may impact the rates of employment and the living standards
of workers, including assessing how the profitability of
major private sector firms may be impacted by wage increases
in comparison to other factors such as energy costs and the
value of tax benefits.
``(b) Report.--No earlier than March 15, 2010, and not
later than April 15, 2010, the Government Accountability
Office shall transmit its first report to Congress concerning
the findings of the study required under subsection (a). The
Government Accountability Office shall transmit any
subsequent reports to Congress concerning the findings of a
study required by subsection (a) between March 15 and April
15 of each year.
``(c) Economic Information.--To provide sufficient economic
data for the conduct of the study under subsection (a) the
Bureau of the Census of the Department of Commerce shall
include and separately report on American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the
Virgin Islands in its County Business Patterns data with the
same regularity and to the same extent as each Bureau
collects and reports such data for the 50 States. In the
event that the inclusion of American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the Virgin Islands
in such surveys and data compilations requires time to
structure and implement, the Bureau of the Census shall in
the interim annually report the best available data that can
feasibly be secured with respect to such territories. Such
interim report shall describe the steps the Bureau will take
to improve future data collection in the territories to
achieve comparability with the data collected in the United
States. The Bureau of the Census, together with the
Department of the Interior, shall coordinate their efforts to
achieve such improvements.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act.
Sec. 803. Eligible Employees in the Recreational Marine
Industry. Section 2(3)(F) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(3)(F)) is amended--
(1) by striking ``, repair or dismantle''; and
(2) by striking the semicolon and inserting ``, or
individuals employed to repair any recreational vessel, or to
dismantle any part of a recreational vessel in connection
with the repair of such vessel;''.
Sec. 804. Federal Coordinating Council for Comparative
Effectiveness Research. (a) Establishment.--There is hereby
established a Federal Coordinating Council for Comparative
Effectiveness Research (in this section referred to as the
``Council'').
(b) Purpose.--The Council shall foster optimum coordination
of comparative effectiveness and related health services
research conducted or supported by relevant Federal
departments and agencies, with the goal of reducing
duplicative efforts and encouraging coordinated and
complementary use of resources.
(c) Duties.--The Council shall--
(1) assist the offices and agencies of the Federal
Government, including the Departments of Health and Human
Services, Veterans Affairs, and Defense, and other Federal
departments or agencies, to coordinate the conduct or support
of comparative effectiveness and related health services
research; and
(2) advise the President and Congress on--
(A) strategies with respect to the infrastructure needs of
comparative effectiveness research within the Federal
Government; and
(B) organizational expenditures for comparative
effectiveness research by relevant Federal departments and
agencies.
(d) Membership.--
(1) Number and appointment.--The Council shall be composed
of not more than 15 members, all of whom are senior Federal
officers or employees with responsibility for health-related
programs, appointed by the President, acting through the
Secretary of Health and Human Services (in this section
referred to as the ``Secretary''). Members shall first be
appointed to the Council not later than 30 days after the
date of the enactment of this Act.
(2) Members.--
(A) In general.--The members of the Council shall include
one senior officer or employee from each of the following
agencies:
(i) The Agency for Healthcare Research and Quality.
(ii) The Centers for Medicare and Medicaid Services.
(iii) The National Institutes of Health.
(iv) The Office of the National Coordinator for Health
Information Technology.
(v) The Food and Drug Administration.
(vi) The Veterans Health Administration within the
Department of Veterans Affairs.
(vii) The office within the Department of Defense
responsible for management of the Department of Defense
Military Health Care System.
(B) Qualifications.--At least half of the members of the
Council shall be physicians or other experts with clinical
expertise.
(3) Chairman; vice chairman.--The Secretary shall serve as
Chairman of the Council and shall designate a member to serve
as Vice Chairman.
(e) Reports.--
(1) Initial report.--Not later than June 30, 2009, the
Council shall submit to the President and the Congress a
report containing information describing current Federal
activities on comparative effectiveness research and
recommendations for such research conducted or supported from
funds made available for allotment by the Secretary for
comparative effectiveness research in this Act.
(2) Annual report.--The Council shall submit to the
President and Congress an annual report regarding its
activities and recommendations concerning the infrastructure
needs, organizational expenditures and opportunities for
better coordination of comparative effectiveness research by
relevant Federal departments and agencies.
(f) Staffing; Support.--From funds made available for
allotment by the Secretary for comparative effectiveness
research in this Act, the Secretary shall make available not
more than 1 percent to the Council for staff and
administrative support.
(g) Rules of Construction.--
(1) Coverage.--Nothing in this section shall be construed
to permit the Council to mandate coverage, reimbursement, or
other policies for any public or private payer.
(2) Reports and recommendations.--None of the reports
submitted under this section or recommendations made by the
Council shall be construed as mandates or clinical guidelines
for payment, coverage, or treatment.
Sec. 805. Grants for Impact Aid Construction. (a)
Reservation for Management and Oversight.--From the funds
appropriated to carry out this section, the Secretary may
reserve up to 1 percent for management and oversight of the
activities carried out with those funds.
(b) Construction Payments.--
(1) Formula grants.--(A) In General.--From 40 percent of
the amount not reserved under subsection (a), the Secretary
shall make payments in accordance with section 8007(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707(a)), except that the amount of such payments shall be
determined in accordance with subparagraph (B).
(B) Amount of payments.--The Secretary shall make a payment
to each local educational agency eligible for a payment under
section 8007(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7707(a)) in an amount that bears the same
relationship to the funds made available under subparagraph
(A) as the number of children determined under subparagraphs
(B), (C), and (D)(i) of section 8003(a)(1) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(B),
(C), and (D)(i)) who were in average daily attendance in the
local educational agency for the most recent year for which
such information is available bears to the number of such
children in all the local educational agencies eligible for a
payment under section 8007(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707(a)).
(2) Competitive grants.--From 60 percent of the amount not
reserved under subsection (a), the Secretary--
(A) shall award emergency grants in accordance with section
8007(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707(b)) to eligible local educational agencies to
enable the agencies to carry out emergency repairs of school
facilities; and
(B) may award modernization grants in accordance with
section 8007(b) of the Elementary
[[Page H1327]]
and Secondary Education Act of 1965 (20 U.S.C. 7707(b)) to
eligible local educational agencies to enable the agencies to
carry out the modernization of school facilities.
(3) Provisions not to apply.--Paragraphs (2), (3), (4),
(5)(A)(i), and (5)(A)(vi) of section 8007(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707(b)(2), (3), (4), (5)(A)(i), and (5)(A)(vi)) shall not
apply to grants made under paragraph (2).
(4) Eligibility.--A local educational agency is eligible to
receive a grant under paragraph (2) if the local educational
agency--
(A) was eligible to receive a payment under section 8002 or
8003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702 and 7703) for fiscal year 2008; and
(B) has--
(i) a total taxable assessed value of real property that
may be taxed for school purposes of less than $100,000,000;
or
(ii) an assessed value of real property per student that
may be taxed for school purposes that is less than the
average of the assessed value of real property per student
that may be taxed for school purposes in the State in which
the local educational agency is located.
(5) Criteria for grants.--In awarding grants under
paragraph (2), the Secretary shall consider the following
criteria:
(A) Whether the facility poses a health or safety threat to
students and school personnel, including noncompliance with
building codes and inaccessibility for persons with
disabilities, or whether the existing building capacity meets
the needs of the current enrollment and supports the
provision of comprehensive educational services to meet
current standards in the State in which the local educational
agency is located.
(B) The extent to which the new design and proposed
construction utilize energy efficient and recyclable
materials.
(C) The extent to which the new design and proposed
construction utilizes non-traditional or alternative building
methods to expedite construction and project completion and
maximize cost efficiency.
(D) The feasibility of project completion within 24 months
from award.
(E) The availability of other resources for the proposed
project.
Sec. 806. Mandatory Pell Grants. Section 401(b)(9)(A) of
the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)(A))
is amended--
(1) in clause (ii), by striking ``$2,090,000,000'' and
inserting ``$2,733,000,000''; and
(2) in clause (iii), by striking ``$3,030,000,000'' and
inserting ``$3,861,000,000''.
Sec. 807. (a) In General.--Notwithstanding any other
provision of law, and in order to begin expenditures and
activities under this Act as quickly as possible consistent
with prudent management, the Secretary of Education may--
(1) award fiscal year 2009 funds to States and local
educational agencies on the basis of eligibility
determinations made for the award of fiscal year 2008 funds;
and
(2) require States to make prompt allocations to local
educational agencies.
(b) Interest Not to Accrue.--Notwithstanding sections 3335
and 6503 of title 31, United States Code, or any other
provision of law, the United States shall not be liable to
any State or other entity for any interest or fee with
respect to any funds under this Act that are allocated by the
Secretary of Education to the State or other entity within 30
days of the date on which they are available for obligation.
TITLE IX--LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'' of
the Government Accountability Office, $25,000,000, to remain
available until September 30, 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 901. Government Accountability Office Reviews and
Reports. (a) Reviews and Reports.--
(1) In General.--The Comptroller General shall conduct
bimonthly reviews and prepare reports on such reviews on the
use by selected States and localities of funds made available
in this Act. Such reports, along with any audits conducted by
the Comptroller General of such funds, shall be posted on the
Internet and linked to the website established under this Act
by the Recovery Accountability and Transparency Board.
(2) Redactions.--Any portion of a report or audit under
this subsection may be redacted when made publicly available,
if that portion would disclose information that is not
subject to disclosure under section 552 of title 5, United
States Code (commonly known as the Freedom of Information
Act).
(b) Examination of Records.--The Comptroller General may
examine any records related to obligations and use by any
Federal, State, or local government agency of funds made
available in this Act.
Sec. 902. Access of Government Accountability Office. (a)
Access.--Each contract awarded using funds made available in
this Act shall provide that the Comptroller General and his
representatives are authorized--
(1) to examine any records of the contractor or any of its
subcontractors, or any State or local agency administering
such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor
or any of its subcontractors, or of any State or local
government agency administering the contract, regarding such
transactions.
(b) Relationship to Existing Authority.--Nothing in this
section shall be interpreted to limit or restrict in any way
any existing authority of the Comptroller General.
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $180,000,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects in the
United States not otherwise authorized by law: Provided
further, That of the amount provided under this heading,
$80,000,000 shall be for child development centers, and
$100,000,000 shall be for warrior transition complexes:
Provided further, That not later than 30 days after the date
of enactment of this Act, the Secretary of Defense shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
heading.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $280,000,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects in the United States not otherwise authorized by
law: Provided further, That of the amount provided under this
heading, $100,000,000 shall be for troop housing, $80,000,000
shall be for child development centers, and $100,000,000
shall be for energy conservation and alternative energy
projects: Provided further, That not later than 30 days after
the date of enactment of this Act, the Secretary of Defense
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this heading.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $180,000,000, to remain available until September
30, 2013: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects in the
United States not otherwise authorized by law: Provided
further, That of the amount provided under this heading,
$100,000,000 shall be for troop housing and $80,000,000 shall
be for child development centers: Provided further, That not
later than 30 days after the date of enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $1,450,000,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects in the United States not otherwise authorized by
law: Provided further, That of the amount provided under this
heading, $1,330,000,000 shall be for the construction of
hospitals and $120,000,000 shall be for the Energy
Conservation Investment Program: Provided further, That not
later than 30 days after the date of enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $50,000,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects in the United States not otherwise authorized by
law: Provided further, That not later than 30 days after the
date of enactment of this Act, the Secretary of Defense, in
consultation with the Director of the Army National Guard,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this heading.
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air
National Guard'', $50,000,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects in the United States not otherwise authorized by
law: Provided further, That not later than 30 days after the
date of enactment of this Act, the Secretary of Defense, in
consultation with the Director of the Air National Guard,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this heading.
Family Housing Construction, Army
For an additional amount for ``Family Housing Construction,
Army'', $34,507,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects in the
United States not otherwise authorized by law: Provided
further, That within 30 days of enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
[[Page H1328]]
Family Housing Operation and Maintenance, Army
For an additional amount for ``Family Housing Operation and
Maintenance, Army'', $3,932,000: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended for maintenance and repair and minor
construction projects in the United States not otherwise
authorized by law.
Family Housing Construction, Air Force
For an additional amount for ``Family Housing Construction,
Air Force'', $80,100,000, to remain available until September
30, 2013: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects in the
United States not otherwise authorized by law: Provided
further, That within 30 days of enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
Family Housing Operation and Maintenance, Air Force
For an additional amount for ``Family Housing Operation and
Maintenance, Air Force'', $16,461,000: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended for maintenance and repair and minor
construction projects in the United States not otherwise
authorized by law.
Homeowners Assistance Fund
For an additional amount for ``Homeowners Assistance
Fund'', established by section 1013 of the Demonstration
Cities and Metropolitan Development Act of 1966, as amended
(42 U.S.C. 3374), $555,000,000, to remain available until
expended: Provided, That the Secretary of Defense shall
submit quarterly reports to the Committees on Appropriations
of both Houses of Congress on the expenditure of funds made
available under this heading in this or any other Act.
Administrative Provision
Sec. 1001. (a) Temporary Expansion of Homeowners Assistance
Program to Respond to Mortgage Foreclosure and Credit Crisis.
Section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3) as
clauses (i), (ii), and (iii), respectively, and indenting
such subparagraphs, as so redesignated, 6 ems from the left
margin;
(B) by striking ``Notwithstanding any other provision of
law'' and inserting the following:
``(1) Acquisition of property at or near military
installations that have been ordered to be closed.--
Notwithstanding any other provision of law'';
(C) by striking ``if he determines'' and inserting ``if--
``(A) the Secretary determines--'';
(D) in clause (iii), as redesignated by subparagraph (A),
by striking the period at the end and inserting ``; or''; and
(E) by adding at the end the following:
``(B) the Secretary determines--
``(i) that the conditions in clauses (i) and (ii) of
subparagraph (A) have been met;
``(ii) that the closing or realignment of the base or
installation resulted from a realignment or closure carried
out under the 2005 round of defense base closure and
realignment under the Defense Base Closure and Realignment
Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687
note);
``(iii) that the property was purchased by the owner before
July 1, 2006;
``(iv) that the property was sold by the owner between July
1, 2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(v) that the property is the primary residence of the
owner; and
``(vi) that the owner has not previously received benefit
payments authorized under this subsection.
``(2) Homeowner assistance for wounded members of the armed
forces, department of defense and united states coast guard
civilian employees, and their spouses.--Notwithstanding any
other provision of law, the Secretary of Defense is
authorized to acquire title to, hold, manage, and dispose of,
or, in lieu thereof, to reimburse for certain losses upon
private sale of, or foreclosure against, any property
improved with a one- or two-family dwelling which was at the
time of the relevant wound, injury, or illness, the primary
residence of--
``(A) any member of the Armed Forces in medical transition
who--
``(i) incurred a wound, injury, or illness in the line of
duty during a deployment in support of the Armed Forces;
``(ii) is disabled to a degree of 30 percent or more as a
result of such wound, injury, or illness, as determined by
the Secretary of Defense; and
``(iii) is reassigned in furtherance of medical treatment
or rehabilitation, or due to medical retirement in connection
with such disability;
``(B) any civilian employee of the Department of Defense or
the United States Coast Guard who--
``(i) was wounded, injured, or became ill in the
performance of his or her duties during a forward deployment
occurring on or after September 11, 2001, in support of the
Armed Forces; and
``(ii) is reassigned in furtherance of medical treatment,
rehabilitation, or due to medical retirement resulting from
the sustained disability; or
``(C) the spouse of a member of the Armed Forces or a
civilian employee of the Department of Defense or the United
States Coast Guard if--
``(i) the member or employee was killed in the line of duty
or in the performance of his or her duties during a
deployment on or after September 11, 2001, in support of the
Armed Forces or died from a wound, injury, or illness
incurred in the line of duty during such a deployment; and
``(ii) the spouse relocates from such residence within 2
years after the death of such member or employee.
``(3) Temporary homeowner assistance for members of the
armed forces permanently reassigned during specified mortgage
crisis.--Notwithstanding any other provision of law, the
Secretary of Defense is authorized to acquire title to, hold,
manage, and dispose of, or, in lieu thereof, to reimburse for
certain losses upon private sale of, or foreclosure against,
any property improved with a one- or two-family dwelling
situated at or near a military base or installation, if the
Secretary determines--
``(A) that the owner is a member of the Armed Forces
serving on permanent assignment;
``(B) that the owner is permanently reassigned by order of
the United States Government to a duty station or home port
outside a 50-mile radius of the base or installation;
``(C) that the reassignment was ordered between February 1,
2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(D) that the property was purchased by the owner before
July 1, 2006;
``(E) that the property was sold by the owner between July
1, 2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(F) that the property is the primary residence of the
owner; and
``(G) that the owner has not previously received benefit
payments authorized under this subsection.'';
(2) in subsection (b), by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(3) in subsection (c)--
(A) by striking ``Such persons'' and inserting the
following:
``(1) Homeowner assistance related to closed military
installations.--
``(A) In general.--Such persons'';
(B) by striking ``set forth above shall elect either (1) to
receive'' and inserting the following: ``set forth in
subsection (a)(1) shall elect either--
``(i) to receive'';
(C) by striking ``difference between (A) 95 per centum''
and all that follows through ``(B) the fair market value''
and inserting the following: ``difference between--
``(I) 95 per centum of the fair market value of their
property (as such value is determined by the Secretary of
Defense) prior to public announcement of intention to close
all or part of the military base or installation; and
``(II) the fair market value'';
(D) by striking ``time of the sale, or (2) to receive'' and
inserting the following: ``time of the sale; or
``(ii) to receive'';
(E) by striking ``outstanding mortgages. The Secretary may
also pay a person who elects to receive a cash payment under
clause (1) of the preceding sentence an amount'' and
inserting ``outstanding mortgages.
``(B) Reimbursement of expenses.--The Secretary may also
pay a person who elects to receive a cash payment under
subparagraph (A) an amount''; and
(F) by striking ``best interest of the Federal Government.
Cash payment'' and inserting the following: ``best interest
of the United States.
``(2) Homeowner assistance for wounded individuals and
their spouses.--
``(A) In general.--Persons eligible under the criteria set
forth in subsection (a)(2) may elect either--
``(i) to receive a cash payment as compensation for losses
which may be or have been sustained in a private sale, in an
amount not to exceed the difference between--
``(I) 95 per centum of prior fair market value of their
property (as such value is determined by the Secretary of
Defense); and
``(II) the fair market value of such property (as such
value is determined by the Secretary of Defense) at the time
of sale; or
``(ii) to receive, as purchase price for their property an
amount not to exceed 90 per centum of prior fair market value
as such value is determined by the Secretary of Defense, or
the amount of the outstanding mortgages.
``(B) Determination of benefits.--The Secretary may also
pay a person who elects to receive a cash payment under
subparagraph (A) an amount that the Secretary determines
appropriate to reimburse the person for the costs incurred by
the person in the sale of the property if the Secretary
determines that such payment will benefit the person and is
in the best interest of the United States.
``(3) Homeowner assistance for permanently reassigned
individuals.--
``(A) In general.--Persons eligible under the criteria set
forth in subsection (a)(3) may elect either--
``(i) to receive a cash payment as compensation for losses
which may be or have been sustained in a private sale, in an
amount not to exceed the difference between--
``(I) 95 per centum of prior fair market value of their
property (as such value is determined by the Secretary of
Defense); and
``(II) the fair market value of such property (as such
value is determined by the Secretary of Defense) at the time
of sale; or
``(ii) to receive, as purchase price for their property an
amount not to exceed 90 per centum of prior fair market value
as such value is determined by the Secretary of Defense, or
the amount of the outstanding mortgages.
``(B) Determination of benefits.--The Secretary may also
pay a person who elects to receive a cash payment under
subparagraph (A) an amount that the Secretary determines
appropriate to reimburse the person for the costs incurred by
the person in the sale of the property
[[Page H1329]]
if the Secretary determines that such payment will benefit
the person and is in the best interest of the United States.
``(4) Compensation and limitations related to foreclosures
and encumbrances.--Cash payment'';
(4) by striking subsection (g);
(5) in subsection (l), by striking ``(a)(2)'' and inserting
``(a)(1)(A)(ii)'';
(6) in subsection (m), by striking ``this section'' and
inserting ``subsection (a)(1)'';
(7) in subsection (n)--
(A) in paragraph (1), by striking ``this section'' and
inserting ``subsection (a)(1)''; and
(B) in paragraph (2), by striking ``this section'' and
inserting ``subsection (a)(1)'';
(8) in subsection (o)--
(A) in paragraph (1), by striking ``this section'' and
inserting ``subsection (a)(1)'';
(B) in paragraph (2), by striking ``this section'' and
inserting ``subsection (a)(1)''; and
(C) by striking paragraph (4); and
(9) by adding at the end the following new subsection:
``(p) Definitions.--In this section:
``(1) the term `Armed Forces' has the meaning given the
term `armed forces' in section 101(a) of title 10, United
States Code;
``(2) the term `civilian employee' has the meaning given
the term `employee' in section 2105(a) of title 5, United
States Code;
``(3) the term `medical transition', in the case of a
member of the Armed Forces, means a member who--
``(A) is in Medical Holdover status;
``(B) is in Active Duty Medical Extension status;
``(C) is in Medical Hold status;
``(D) is in a status pending an evaluation by a medical
evaluation board;
``(E) has a complex medical need requiring six or more
months of medical treatment; or
``(F) is assigned or attached to an Army Warrior Transition
Unit, an Air Force Patient Squadron, a Navy Patient
Multidisciplinary Care Team, or a Marine Patient Affairs
Team/Wounded Warrior Regiment; and
``(4) the term `nonappropriated fund instrumentality
employee' means a civilian employee who--
``(A) is a citizen of the United States; and
``(B) is paid from nonappropriated funds of Army and Air
Force Exchange Service, Navy Resale and Services Support
Office, Marine Corps exchanges, or any other instrumentality
of the United States under the jurisdiction of the Armed
Forces which is conducted for the comfort, pleasure,
contentment, or physical or mental improvement of members of
the Armed Forces.''.
(b) Clerical Amendment.--Such section is further amended in
the section heading by inserting ``and certain property owned
by members of the Armed Forces, Department of Defense and
United States Coast Guard civilian employees, and surviving
spouses'' after ``ordered to be closed''.
(c) Authority to Use Appropriated Funds.--Notwithstanding
subsection (i) of such section, amounts appropriated or
otherwise made available by this title under the heading
``Homeowners Assistance Fund'' may be used for the Homeowners
Assistance Fund established under such section.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical facilities
For an additional amount for ``Medical Facilities'' for
non-recurring maintenance, including energy projects,
$1,000,000,000, to remain available until September 30, 2010:
Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this heading.
National Cemetery Administration
For an additional amount for ``National Cemetery
Administration'' for monument and memorial repairs, including
energy projects, $50,000,000, to remain available until
September 30, 2010: Provided, That not later than 30 days
after the date of enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
Departmental Administration
general operating expenses
For an additional amount for ``General Operating
Expenses'', $150,000,000, to remain available until September
30, 2010, for additional expenses related to hiring and
training temporary surge claims processors.
information technology systems
For an additional amount for ``Information Technology
Systems'', $50,000,000, to remain available until September
30, 2010, for the Veterans Benefits Administration: Provided,
That not later than 30 days after the enactment of this Act,
the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this heading.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $1,000,000, to remain available until September
30, 2011, for oversight and audit of programs, grants and
projects funded under this title.
grants for construction of state extended care facilities
For an additional amount for ``Grants for Construction of
State Extended Care Facilities'', $150,000,000, to remain
available until September 30, 2010, for grants to assist
States to acquire or construct State nursing home and
domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities
in State homes, for furnishing care to veterans as authorized
by sections 8131 through 8137 of title 38, United States
Code.
Administrative Provision
Sec. 1002. Payments to Eligible Persons Who Served in the
United States Armed Forces in the Far East During World War
II. (a) Findings.--Congress makes the following findings:
(1) The Philippine islands became a United States
possession in 1898 when they were ceded from Spain following
the Spanish-American War.
(2) During World War II, Filipinos served in a variety of
units, some of which came under the direct control of the
United States Armed Forces.
(3) The regular Philippine Scouts, the new Philippine
Scouts, the Guerrilla Services, and more than 100,000 members
of the Philippine Commonwealth Army were called into the
service of the United States Armed Forces of the Far East on
July 26, 1941, by an executive order of President Franklin D.
Roosevelt.
(4) Even after hostilities had ceased, wartime service of
the new Philippine Scouts continued as a matter of law until
the end of 1946, and the force gradually disbanded and was
disestablished in 1950.
(5) Filipino veterans who were granted benefits prior to
the enactment of the so-called Rescissions Acts of 1946
(Public Laws 79-301 and 79-391) currently receive full
benefits under laws administered by the Secretary of Veterans
Affairs, but under section 107 of title 38, United States
Code, the service of certain other Filipino veterans is
deemed not to be active service for purposes of such laws.
(6) These other Filipino veterans only receive certain
benefits under title 38, United States Code, and, depending
on where they legally reside, are paid such benefit amounts
at reduced rates.
(7) The benefits such veterans receive include service-
connected compensation benefits paid under chapter 11 of
title 38, United States Code, dependency indemnity
compensation survivor benefits paid under chapter 13 of title
38, United States Code, and burial benefits under chapters 23
and 24 of title 38, United States Code, and such benefits are
paid to beneficiaries at the rate of $0.50 per dollar
authorized, unless they lawfully reside in the United States.
(8) Dependents' educational assistance under chapter 35 of
title 38, United States Code, is also payable for the
dependents of such veterans at the rate of $0.50 per dollar
authorized, regardless of the veterans' residency.
(b) Compensation Fund.--
(1) In General.--There is in the general fund of the
Treasury a fund to be known as the ``Filipino Veterans Equity
Compensation Fund'' (in this section referred to as the
``compensation fund'').
(2) Availability of Funds.--Subject to the availability of
appropriations for such purpose, amounts in the fund shall be
available to the Secretary of Veterans Affairs without fiscal
year limitation to make payments to eligible persons in
accordance with this section.
(c) Payments.--
(1) In General.--The Secretary may make a payment from the
compensation fund to an eligible person who, during the one-
year period beginning on the date of the enactment of this
Act, submits to the Secretary a claim for benefits under this
section. The application for the claim shall contain such
information and evidence as the Secretary may require.
(2) Payment to Surviving Spouse.--If an eligible person who
has filed a claim for benefits under this section dies before
payment is made under this section, the payment under this
section shall be made instead to the surviving spouse, if
any, of the eligible person.
(d) Eligible Persons.--An eligible person is any person
who--
(1) served--
(A) before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines,
while such forces were in the service of the Armed Forces of
the United States pursuant to the military order of the
President dated July 26, 1941, including among such military
forces organized guerrilla forces under commanders appointed,
designated, or subsequently recognized by the Commander in
Chief, Southwest Pacific Area, or other competent authority
in the Army of the United States; or
(B) in the Philippine Scouts under section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 (59 Stat. 538); and
(2) was discharged or released from service described in
paragraph (1) under conditions other than dishonorable.
(e) Payment Amounts.--Each payment under this section shall
be--
(1) in the case of an eligible person who is not a citizen
of the United States, in the amount of $9,000; and
(2) in the case of an eligible person who is a citizen of
the United States, in the amount of $15,000.
(f) Limitation.--The Secretary may not make more than one
payment under this section for each eligible person described
in subsection (d).
(g) Clarification of Treatment of Payments Under Certain
Laws.--Amounts paid to a person under this section--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and
(2) shall not be included in income or resources for
purposes of determining--
(A) eligibility of an individual to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits;
(B) eligibility of an individual to receive benefits under
title VIII of the Social Security Act, or the amount of such
benefits; or
[[Page H1330]]
(C) eligibility of an individual for, or the amount of
benefits under, any other Federal or federally assisted
program.
(h) Release.--
(1) In General.--Except as provided in paragraph (2), the
acceptance by an eligible person or surviving spouse, as
applicable, of a payment under this section shall be final,
and shall constitute a complete release of any claim against
the United States by reason of any service described in
subsection (d).
(2) Payment of Prior Eligibility Status.--Nothing in this
section shall prohibit a person from receiving any benefit
(including health care, survivor, or burial benefits) which
the person would have been eligible to receive based on laws
in effect as of the day before the date of the enactment of
this Act.
(i) Recognition of Service.--The service of a person as
described in subsection (d) is hereby recognized as active
military service in the Armed Forces for purposes of, and to
the extent provided in, this section.
(j) Administration.--
(1) The Secretary shall promptly issue application forms
and instructions to ensure the prompt and efficient
administration of the provisions of this section.
(2) The Secretary shall administer the provisions of this
section in a manner consistent with applicable provisions of
title 38, United States Code, and other provisions of law,
and shall apply the definitions in section 101 of such title
in the administration of such provisions, except to the
extent otherwise provided in this section.
(k) Reports.--The Secretary shall include, in documents
submitted to Congress by the Secretary in support of the
President's budget for each fiscal year, detailed information
on the operation of the compensation fund, including the
number of applicants, the number of eligible persons
receiving benefits, the amounts paid out of the compensation
fund, and the administration of the compensation fund for the
most recent fiscal year for which such data is available.
(l) Authorization of Appropriation.--There is authorized to
be appropriated to the compensation fund $198,000,000, to
remain available until expended, to make payments under this
section.
TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'' for urgent domestic facilities requirements for
passport and training functions, $90,000,000: Provided, That
the Secretary of State shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a
detailed spending plan for funds appropriated under this
heading: Provided further, That with respect to the funds
made available for passport agencies, such plan shall be
developed in consultation with the Department of Homeland
Security and the General Services Administration and shall
coordinate and co-locate, to the extent feasible, passport
agencies with other Federal facilities.
capital investment fund
(including transfer of funds)
For an additional amount for ``Capital Investment Fund'',
$290,000,000, for information technology security and
upgrades to support mission-critical operations, of which up
to $38,000,000 shall be transferred to, and merged with,
funds made available under the heading ``Capital Investment
Fund'' of the United States Agency for International
Development: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development shall coordinate information technology systems,
where appropriate, to increase efficiencies and eliminate
redundancies, to include co-location of backup information
management facilities, and shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a
detailed spending plan for funds appropriated under this
heading.
office of inspector general
For an additional amount for ``Office of Inspector
General'' for oversight requirements, $2,000,000.
International Commissions
International Boundary and Water Commission, United States and Mexico
construction
(including transfer of funds)
For an additional amount for ``Construction'' for the water
quantity program to meet immediate repair and rehabilitation
requirements, $220,000,000: Provided, That up to $2,000,000
may be transferred to, and merged with, funds available under
the heading ``International Boundary and Water Commission,
United States and Mexico--Salaries and Expenses'': Provided
further, That the Secretary of State shall submit to the
Committees on Appropriations within 90 days of enactment of
this Act a detailed spending plan for funds appropriated
under this heading.
TITLE XII--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
supplemental discretionary grants for a national surface transportation
system
For an additional amount for capital investments in surface
transportation infrastructure, $1,500,000,000, to remain
available through September 30, 2011: Provided, That the
Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to
State and local governments or transit agencies on a
competitive basis for projects that will have a significant
impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided
under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United
States Code, including interstate rehabilitation,
improvements to the rural collector road system, the
reconstruction of overpasses and interchanges, bridge
replacements, seismic retrofit projects for bridges, and road
realignments; public transportation projects eligible under
chapter 53 of title 49, United States Code, including
investments in projects participating in the New Starts or
Small Starts programs that will expedite the completion of
those projects and their entry into revenue service;
passenger and freight rail transportation projects; and port
infrastructure investments, including projects that connect
ports to other modes of transportation and improve the
efficiency of freight movement: Provided further, That of the
amount made available under this paragraph, the Secretary may
use an amount not to exceed $200,000,000 for the purpose of
paying the subsidy and administrative costs of projects
eligible for federal credit assistance under chapter 6 of
title 23, United States Code, if the Secretary finds that
such use of the funds would advance the purposes of this
paragraph: Provided further, That in distributing funds
provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution
of funds and an appropriate balance in addressing the needs
of urban and rural communities: Provided further, That a
grant funded under this heading shall be not less than
$20,000,000 and not greater than $300,000,000: Provided
further, That the Secretary may waive the minimum grant size
cited in the preceding proviso for the purpose of funding
significant projects in smaller cities, regions, or States:
Provided further, That not more than 20 percent of the funds
made available under this paragraph may be awarded to
projects in a single State: Provided further, That the
Federal share of the costs for which an expenditure is made
under this heading may be up to 100 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package, and to projects that
are expected to be completed within 3 years of enactment of
this Act: Provided further, That the Secretary shall publish
criteria on which to base the competition for any grants
awarded under this heading not later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall require applications for funding provided under this
heading to be submitted not later than 180 days after the
publication of such criteria, and announce all projects
selected to be funded from such funds not later than 1 year
after enactment of this Act: Provided further, That projects
conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title
40, United States Code: Provided further, That the Secretary
may retain up to $1,500,000 of the funds provided under this
heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration and the Maritime Administration, to fund the
award and oversight of grants made under this heading.
Federal Aviation Administration
supplemental funding for facilities and equipment
For an additional amount for necessary investments in
Federal Aviation Administration infrastructure, $200,000,000,
to remain available through September 30, 2010: Provided,
That funding provided under this heading shall be used to
make improvements to power systems, air route traffic control
centers, air traffic control towers, terminal radar approach
control facilities, and navigation and landing equipment:
Provided further, That priority be given to such projects or
activities that will be completed within 2 years of enactment
of this Act: Provided further, That amounts made available
under this heading may be provided through grants in addition
to the other instruments authorized under section 106(l)(6)
of title 49, United States Code: Provided further, That the
Federal share of the costs for which an expenditure is made
under this heading shall be 100 percent: Provided further,
That amounts provided under this heading may be used for
expenses the agency incurs in administering this program:
Provided further, That not more than 60 days after enactment
of this Act, the Administrator shall establish a process for
applying, reviewing and awarding grants and cooperative and
other transaction agreements, including the form and content
of an application, and requirements for the maintenance of
records that are necessary to facilitate an effective audit
of the use of the funding provided: Provided further, That
section 50101 of title 49, United States Code, shall apply to
funds provided under this heading.
Grants-In-Aid for Airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for discretionary projects as authorized by subchapter
1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, and for the procurement, installation and
commissioning of runway incursion prevention devices and
systems at airports of such title, $1,100,000,000, to remain
available through September 30, 2010: Provided, That such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under
chapter 471: Provided further, That the Secretary shall
distribute funds provided under this heading as discretionary
grants to airports, with priority given to those projects
that demonstrate to his
[[Page H1331]]
satisfaction their ability to be completed within 2 years of
enactment of this Act, and serve to supplement and not
supplant planned expenditures from airport-generated revenues
or from other State and local sources on such activities:
Provided further, That the Secretary shall award grants
totaling not less than 50 percent of the funds made available
under this heading within 120 days of enactment of this Act,
and award grants for the remaining amounts not later than 1
year after enactment of this Act: Provided further, That the
Federal share payable of the costs for which a grant is made
under this heading shall be 100 percent: Provided further,
That the amount made available under this heading shall not
be subject to any limitation on obligations for the Grants-
in-Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation
Administration may retain up to 0.2 percent of the funds
provided under this heading to fund the award and oversight
by the Administrator of grants made under this heading.
Federal Highway Administration
highway infrastructure investment
For an additional amount for restoration, repair,
construction and other activities eligible under paragraph
(b) of section 133 of title 23, United States Code, and for
passenger and freight rail transportation and port
infrastructure projects eligible for assistance under
subsection 601(a)(8) of such title, $27,500,000,000, to
remain available through September 30, 2010: Provided, That,
after making the set-asides required under this heading, 50
percent of the funds made available under this heading shall
be apportioned to States using the formula set forth in
section 104(b)(3) of title 23, United States Code, and the
remaining funds shall be apportioned to States in the same
ratio as the obligation limitation for fiscal year 2008 was
distributed among the States in accordance with the formula
specified in section 120(a)(6) of division K of Public Law
110-161: Provided further, That funds made available under
this heading shall be apportioned not later than 21 days
after the date of enactment of this Act: Provided further,
That in selecting projects to be carried out with funds
apportioned under this heading, priority shall be given to
projects that are projected for completion within a 3-year
time frame, and are located in economically distressed areas
as defined by section 301 of the Public Works and Economic
Development Act of 1965, as amended (42 U.S.C. 3161):
Provided further, That 120 days following the date of such
apportionment, the Secretary of Transportation shall withdraw
from each State an amount equal to 50 percent of the funds
awarded to that State (excluding funds suballocated within
the State) less the amount of funding obligated (excluding
funds suballocated within the State), and the Secretary shall
redistribute such amounts to other States that have had no
funds withdrawn under this proviso in the manner described in
section 120(c) of division K of Public Law 110-161: Provided
further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each
recipient of funds apportioned under this heading any
unobligated funds, and the Secretary shall redistribute such
amounts to States that have had no funds withdrawn under this
proviso (excluding funds suballocated within the State) in
the manner described in section 120(c) of division K of
Public Law 110-161: Provided further, That at the request of
a State, the Secretary of Transportation may provide an
extension of such 1-year period only to the extent that he
feels satisfied that the State has encountered extreme
conditions that create an unworkable bidding environment or
other extenuating circumstances: Provided further, That
before granting such an extension, the Secretary shall send a
letter to the House and Senate Committees on Appropriations
that provides a thorough justification for the extension:
Provided further, That 3 percent of the funds apportioned to
a State under this heading shall be set aside for the
purposes described in subsection 133(d)(2) of title 23,
United States Code (without regard to the comparison to
fiscal year 2005): Provided further, That 30 percent of the
funds apportioned to a State under this heading shall be
suballocated within the State in the manner and for the
purposes described in the first sentence of subsection
133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection
133(d)(3)(D): Provided further, That such suballocation shall
be conducted in every State Provided further, That funds
suballocated within a State to urbanized areas and other
areas shall not be subject to the redistribution of amounts
required 120 days following the date of apportionment of
funds provided under this heading: Provided further, That of
the funds provided under this heading, $105,000,000 shall be
for the Puerto Rico highway program authorized under section
165 of title 23, United States Code, and $45,000,000 shall be
for the territorial highway program authorized under section
215 of title 23, United States Code: Provided further, That
of the funds provided under this heading, $60,000,000 shall
be for capital expenditures eligible under section 147 of
title 23, United States Code (without regard to
subsection(d)): Provided further, That the Secretary of
Transportation shall distribute such $60,000,000 as
competitive discretionary grants to States, with priority
given to those projects that demonstrate to his satisfaction
their ability to be completed within 2 years of enactment of
this Act: Provided further, That of the funds provided under
this heading, $550,000,000 shall be for investments in
transportation at Indian reservations and Federal lands:
Provided further, That of the funds identified in the
preceding proviso, $310,000,000 shall be for the Indian
Reservation Roads program, $170,000,000 shall be for the Park
Roads and Parkways program, $60,000,000 shall be for the
Forest Highway Program, and $10,000,000 shall be for the
Refuge Roads program: Provided further, That for investments
at Indian reservations and Federal lands, priority shall be
given to capital investments, and to projects and activities
that can be completed within 2 years of enactment of this
Act: Provided further, That 1 year following the enactment of
this Act, to ensure the prompt use of the $550,000,000
provided for investments at Indian reservations and Federal
lands, the Secretary shall have the authority to redistribute
unobligated funds within the respective program for which the
funds were appropriated: Provided further, That up to 4
percent of the funding provided for Indian Reservation Roads
may be used by the Secretary of the Interior for program
management and oversight and project-related administrative
expenses: Provided further, That section 134(f)(3)(C)(ii)(II)
of title 23, United States Code, shall not apply to funds
provided under this heading: Provided further, That of the
funds made available under this heading, $20,000,000 shall be
for highway surface transportation and technology training
under section 140(b) of title 23, United States Code, and
$20,000,000 shall be for disadvantaged business enterprises
bonding assistance under section 332(e) of title 49, United
States Code: Provided further, That funds made available
under this heading shall be administered as if apportioned
under chapter 1 of title 23, United States Code, except for
funds made available for investments in transportation at
Indian reservations and Federal lands, and for the
territorial highway program, which shall be administered in
accordance with chapter 2 of title 23, United States Code,
and except for funds made available for disadvantaged
business enterprises bonding assistance, which shall be
administered in accordance with chapter 3 of title 49, United
States Code: Provided further, That the Federal share payable
on account of any project or activity carried out with funds
made available under this heading shall be, at the option of
the recipient, up to 100 percent of the total cost thereof:
Provided further, That funds made available by this Act shall
not be obligated for the purposes authorized under section
115(b) of title 23, United States Code: Provided further,
That funding provided under this heading shall be in addition
to any and all funds provided for fiscal years 2009 and 2010
in any other Act for ``Federal-aid Highways'' and shall not
affect the distribution of funds provided for ``Federal-aid
Highways'' in any other Act: Provided further, That the
amount made available under this heading shall not be subject
to any limitation on obligations for Federal-aid highways or
highwaty safety construction programs set forth in any Act:
Provided further, That section 1101(b) of Public Law 109-59
shall apply to funds apportioned under this heading: Provided
further, That the Administrator of the Federal Highway
Administration may retain up to $40,000,000 of the funds
provided under this heading to fund the oversight by the
Administrator of projects and activities carried out with
funds made available to the Federal Highway Administration in
this Act and such funds shall be available through September
30, 2012.
Federal Railroad Administration
Capital Assistance for High Speed Rail Corridors and Intercity
Passenger Rail Service
For an additional amount for section 501 of Public Law 110-
432 and discretionary grants to States to pay for the cost of
projects described in paragraphs (2)(A) and (2)(B) of section
24401 of title 49, United States Code, subsection (b) of
section 24105 of such title, $8,000,000,000, to remain
available through September 30, 2012: Provided, That the
Secretary of Transportation shall give priority to projects
that support the development of intercity high speed rail
service: Provided further, That within 60 days of the
enactment of this Act, the Secretary shall submit to the
House and Senate Committees on Appropriations a strategic
plan that describes how the Secretary will use the funding
provided under this heading to improve and deploy high speed
passenger rail systems: Provided further, That within 120
days of enactment of this Act, the Secretary shall issue
interim guidance to applicants covering grant terms,
conditions, and procedures until final regulations are
issued: Provided further, That such interim guidance shall
provide separate instructions for the high speed rail
corridor program, capital assistance for intercity passenger
rail service grants, and congestion grants: Provided further,
That the Secretary shall waive the requirement that a project
conducted using funds provided under this heading be in a
State rail plan developed under chapter 227 of title 49,
United States Code: Provided further, That the Federal share
payable of the costs for which a grant is made under this
heading shall be, at the option of the recipient, up to 100
percent: Provided further, That projects conducted using
funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That section 24405 of
title 49, United States Code, shall apply to funds provided
under this heading: Provided further, That the Administrator
of the Federal Railroad Administration may retain up to one-
quarter of 1 percent of the funds provided under this heading
to fund the award and oversight by the Administrator of
grants made under this heading, and funds retained for said
purposes shall remain available through September 30, 2014.
capital grants to the national railroad passenger corporation
For an additional amount for the National Railroad
Passenger Corporation (Amtrak) to enable the Secretary of
Transportation to make capital grants to Amtrak as authorized
by section 101(c) of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432),
[[Page H1332]]
$1,300,000,000, to remain available through September 30,
2010, of which $450,000,000 shall be used for capital
security grants: Provided, That priority for the use of non-
security funds shall be given to projects for the repair,
rehabilitation, or upgrade of railroad assets or
infrastructure, and for capital projects that expand
passenger rail capacity including the rehabilitation of
rolling stock: Provided further, That none of the funds under
this heading shall be used to subsidize the operating losses
of Amtrak: Provided further, That funds provided under this
heading shall be awarded not later than 30 days after the
date of enactment of this Act: Provided further, That the
Secretary shall take measures to ensure that projects funded
under this heading shall be completed within 2 years of
enactment of this Act, and shall serve to supplement and not
supplant planned expenditures for such activities from other
Federal, State, local and corporate sources: Provided
further, That the Secretary shall certify to the House and
Senate Committees on Appropriations in writing compliance
with the preceding proviso: Provided further, That not more
than 60 percent of the funds provided for non-security
activities under this heading may be used for capital
projects along the Northeast Corridor: Provided further, That
of the funding provided under this heading, $5,000,000 shall
be made available for the Amtrak Office of Inspector General
and made available through September 30, 2013.
Federal Transit Administration
transit capital assistance
For an additional amount for transit capital assistance
grants authorized under section 5302(a)(1) of title 49,
United States Code, $6,900,000,000, to remain available
through September 30, 2010: Provided, That the Secretary of
Transportation shall provide 80 percent of the funds
appropriated under this heading for grants under section 5307
of title 49, United States Code, and apportion such funds in
accordance with section 5336 of such title (other than
subsections (i)(1) and (j)): Provided further, That the
Secretary shall apportion 10 percent of the funds
appropriated under this heading in accordance with section
5340 of such title: Provided further, That the Secretary
shall provide 10 percent of the funds appropriated under this
heading for grants under section 5311 of title 49, United
States Code, and apportion such funds in accordance with such
section: Provided further, That funds apportioned under this
heading shall be apportioned not later than 21 days after the
date of enactment of this Act: Provided further, That 180
days following the date of such apportionment, the Secretary
shall withdraw from each urbanized area or State an amount
equal to 50 percent of the funds apportioned to such
urbanized areas or States less the amount of funding
obligated, and the Secretary shall redistribute such amounts
to other urbanized areas or States that have had no funds
withdrawn under this proviso utilizing whatever method he
deems appropriate to ensure that all funds redistributed
under this proviso shall be utilized promptly: Provided
further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each
urbanized area or State any unobligated funds, and the
Secretary shall redistribute such amounts to other urbanized
areas or States that have had no funds withdrawn under this
proviso utilizing whatever method he deems appropriate to
ensure that all funds redistributed under this proviso shall
be utilized promptly: Provided further, That at the request
of an urbanized area or State, the Secretary of
Transportation may provide an extension of such 1-year period
if he feels satisfied that the urbanized area or State has
encountered an unworkable bidding environment or other
extenuating circumstances: Provided further, That before
granting such an extension, the Secretary shall send a letter
to the House and Senate Committees on Appropriations that
provides a thorough justification for the extension: Provided
further, That of the funds provided for section 5311 of title
49, United States Code, 2.5 percent shall be made available
for section 5311(c)(1): Provided further, That of the funding
provided under this heading, $100,000,000 shall be
distributed as discretionary grants to public transit
agencies for capital investments that will assist in reducing
the energy consumption or greenhouse gas emissions of their
public transportation systems: Provided further, That for
such grants on energy-related investments, priority shall be
given to projects based on the total energy savings that are
projected to result from the investment, and projected energy
savings as a percentage of the total energy usage of the
public transit agency: Provided further, That applicable
chapter 53 requirements shall apply to funding provided under
this heading, except that the Federal share of the costs for
which any grant is made under this heading shall be, at the
option of the recipient, up to 100 percent: Provided further,
That the amount made available under this heading shall not
be subject to any limitation on obligations for transit
programs set forth in any Act: Provided further, That section
1101(b) of Public Law 109-59 shall apply to funds
appropriated under this heading: Provided further, That the
funds appropriated under this heading shall not be comming
led with any prior year funds: Provided further, That
notwithstanding any other provision of law, three-quarters of
1 percent of the funds provided for grants under section 5307
and section 5340, and one-half of 1 percent of the funds
provided for grants under section 5311, shall be available
for administrative expenses and program management oversight,
and such funds shall be available through September 30, 2012.
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under
section 5309(b)(2) of title 49, United States Code,
$750,000,000, to remain available through September 30, 2010:
Provided, That the Secretary of Transportation shall
apportion funds under this heading pursuant to the formula
set forth in section 5337 of title 49, United States Code:
Provided further, That the funds appropriated under this
heading shall not be commingled with any prior year funds:
Provided further, That funds made available under this
heading shall be apportioned not later than 21 days after the
date of enactment of this Act: Provided further, That 180
days following the date of such apportionment, the Secretary
shall withdraw from each urbanized area an amount equal to 50
percent of the funds apportioned to such urbanized area
amounts to other urbanized areas that have had no funds
withdrawn under this proviso utilizing whatever method he or
she deems appropriate to ensure that all funds redistributed
under this proviso shall be utilized promptly: Provided
further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each
urbanized area any unobligated funds, and the Secretary shall
redistribute such amounts to other urbanized areas that have
had no funds withdrawn under this provision utilizing
whatever method he or she deems appropriate to ensure that
all funds redistributed under this proviso shall be utilized
promptly: Provided further, That at the request of an
urbanized area, the Secretary of Transportation may provide
an extension of such 1-year period if he or she feels
satisfied that the urbanized area has encountered an
unworkable bidding environment or other extenuating
circumstances: Provided further, That hbefore granting such
an extension, the Secretary shall send a letter to the House
and Senate Committees on Appropriations that provides a
thorough justification for the extension: Provided further,
That applicable chapter 53 requirements shall apply except
that the Federal share of the costs for which a grant is made
under this heading shall be, at the option of the recipient,
up to 100 percent: Provided further, That the provisions of
section 1101(b) of Public Law 109-59 shall apply to funds
made available under this heading: Provided further, That
notwithstanding any other provision of law, up to 1 percent
of the funds under this heading shall be available for
administrative expenses and program management oversight and
shall remain available for obligation until September 30,
2012.
capital investment grants
For an additional amount for ``Capital Investment
Grants'', as authorized under section 5338(c)(4) of title 49,
United States Code, and allocated under section 5309(m)(2)(A)
of such title, to enable the Secretary of Transportation to
make discretionary grants as authorized by section 5309(d)
and (e) of such title, $750,000,000, to remain available
through September 30, 2010: Provided, That such amount shall
be allocated without regard to the limitation under section
5309(m)(2)(A)(i): Provided further, That in selecting
projects to be funded, priority shall be given to projects
that are currently in construction or are able to obligate
funds within 150 days of enactment of this Act: Provided
further, That the provisions of section 1101(b) of Public Law
109-59 shall apply to funds made available under this
heading: Provided further, That funds appropriated under this
heading shall not be commingled with any prior year funds:
Provided further, That applicable chapter 53 requirements
shall apply, except that notwithstanding any other provision
of law, up to 1 percent of the funds provided under this
heading shall be available for administrative expenses and
program management oversight, and shall remain available
through September 30, 2012.
Maritime Administration
supplemental grants for assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title
46, United States Code, $100,000,000, to remain available
through September 30, 2010: Provided, That the Secretary of
Transportation shall institute measures to ensure that funds
provided under this heading shall be obligated within 180
days of the date of their distribution: Provided further,
That the Maritime Administrator may retain and transfer to
``Maritime Administration, Operations and Training'' up to 2
percent of the funds provided under this heading to fund the
award and oversight by the Administrator of grants made under
this heading.
Office of Inspector General
salaries and expenses
For an additional amount for necessary expenses of the
Office of Inspector General to carry out the provisions of
the Inspector General Act of 1978, as amended, $20,000,000,
to remain available through September 30, 2013: Provided,
That the funding made available under this heading shall be
used for conducting audits and investigations of projects and
activities carried out with funds made available in this Act
to the Department of Transportation: Provided further, That
the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the Government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department.
GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION
Sec. 1201. (a) Maintenance of Effort.--Not later than 30
days after the date of enactment of this Act, for each amount
that is distributed to a State or agency thereof from an
appropriation in this Act for a covered program, the Governor
of the State shall certify to the Secretary of Transportation
that the State will maintain its effort with regard to State
funding for the types of projects that are funded by the
appropriation. As part of this certification, the Governor
[[Page H1333]]
shall submit to the Secretary of Transportation a statement
identifying the amount of funds the State planned to expend
from State sources as of the date of enactment of this Act
during the period beginning on the date of enactment of this
Act through September 30, 2010, for the types of projects
that are funded by the appropriation.
(b) Failure To Maintain Effort.--
If a State is unable to maintain the level of effort
certified pursuant to subsection (a), the State will be
prohibited by the Secretary of Transportation from receiving
additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for
fiscal year 2011.
(c) Periodic Reports.--
(1) In general.--Notwithstanding any other provision of
law, each grant recipient shall submit to the covered agency
from which they received funding periodic reports on the use
of the funds appropriated in this Act for covered programs.
Such reports shall be collected and compiled by the covered
agency and transmitted to Congress. Covered agencies may
develop such reports on behalf of grant recipients to ensure
the accuracy and consistency of such reports.
(2) Contents of Reports.--For amounts received under each
covered program by a grant recipient under this Act, the
grant recipient shall include in the periodic reports
information tracking-
(A) the amount of Federal funds appropriated, allocated,
obligated, and outlayed under the appropriation;
(B) the number of projects that have been put out to bid
under the appropriation and the amount of Federal funds
associated with such projects;
(C) the number of projects for which contracts have been
awarded under the appropriation and the amount of Federal
funds associated with such contracts;
(D) the number of projects for which work has begun under
such contracts and the amount of Federal funds associated
with such contracts;
(E) the number of projects for which work has been
completed under such contracts and the amount of Federal
funds associated with such contracts;
(F) the number of direct, on-project jobs created or
sustained by the Federal funds provided for projects under
the appropriation and, to the extent possible, the estimated
indirect jobs created or sustained in the associated
supplying industries, including the number of job-years
created and the total increase in employment since the date
of enactment of this Act; and
(G) for each covered program report information tracking
the actual aggregate expenditures by each grant recipient
from State sources for projects eligible for funding under
the program during the period beginning on the date of
enactment of this Act through September 30, 2010, as compared
to the level of such expenditures that were planned to occur
during such period as of the date of enactment of this Act.
(3) Timing of Reports.--Each grant recipient shall submit
the first of the periodic reports required under this
subsection not later than 90 days after the date of enactment
of this Act and shall submit updated reports not later than
180 days, 1 year, 2 years, and 3 years after such date of
enactment.
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered Agency.--The term ``covered agency'' means the
Office of the Secretary of Transportation, the Federal
Aviation Administration, the Federal Highway Administration,
the Federal Railroad Administration, the Federal Transit
Administration and the Maritime Administration of the
Department of Transportation.
(2) Covered Program.--The term ``covered program'' means
funds appropriated in this Act for ``Supplemental
Discretionary Grants for a National Surface Transportation
System'' to the Office of the Secretary of Transportation,
for ``Supplemental Funding for Facilities and Equipment'' and
``Grants-in-Aid for Airports'' to the Federal Aviation
Administration; for ``Highway Infrastructure Investment'' to
the Federal Highway Administration; for ``Capital Assistance
for High Speed Rail Corridors and Intercity Passenger Rail
Service'' and ``Capital Grants to the National Railroad
Passenger Corporation'' to the Federal Railroad
Administration; for ``Transit Capital Assistance'', ``Fixed
Guideway Infrastructure Investment'', and ``Capital
Investment Grants'' to the Federal Transit Administration;
and ``Supplemental Grants for Assistance to Small Shipyards''
to the Maritime Administration.
(3) Grant recipient.--The term ``grant recipient'' means a
State or other recipient of assistance provided under a
covered program in this Act. Such term does not include a
Federal department or agency.
(e) Notwithstanding any other provision of law, sections
3501-3521 of title 44, United States Code, shall not apply to
the provisions of this section.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
For an additional amount for the ``Public Housing Capital
Fund'' to carry out capital and management activities for
public housing agencies, as authorized under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) (the
``Act''), $4,000,000,000, to remain available until September
30, 2011: Provided, That the Secretary of Housing and Urban
Development shall distribute $3,000,000,000 of this amount by
the same formula used for amounts made available in fiscal
year 2008, except that the Secretary may determine not to
allocate funding to public housing agencies currently
designated as troubled or to public housing agencies that
elect not to accept such funding: Provided further, That the
Secretary shall obligate funds allocated by formula within 30
days of enactment of this Act: Provided further, That the
Secretary shall make available $1,000,000,000 by competition
for priority investments, including investments that leverage
private sector funding or financing for renovations and
energy conservation retrofit investments: Provided further,
That the Secretary shall obligate competitive funding by
September 30, 2009: Provided further, That public housing
authorities shall give priority to capital projects that can
award contracts based on bids within 120 days from the date
the funds are made available to the public housing
authorities: Provided further, That public housing agencies
shall give priority consideration to the rehabilitation of
vacant rental units: Provided further, That public housing
agencies shall prioritize capital projects that are already
underway or included in the 5-year capital fund plans
required by the Act (42 U.S.C. 1437c-1(a)): Provided further,
That notwithstanding any other provision of law, (1) funding
provided under this heading may not be used for operating or
rental assistance activities, and (2) any restriction of
funding to replacement housing uses shall be inapplicable:
Provided further, That notwithstanding any other provision of
law, the Secretary shall institute measures to ensure that
funds provided under this heading shall serve to supplement
and not supplant expenditures from other Federal, State, or
local sources or funds independently generated by the
grantee: Provided further, That notwithstanding section 9(j),
public housing agencies shall obligate 100 percent of the
funds within 1 year of the date on which funds become
available to the agency for obligation, shall expend at least
60 percent of funds within 2 years of the date on which funds
become available to the agency for obligation, and shall
expend 100 percent of the funds within 3 years of such date:
Provided further, That if a public housing agency fails to
comply with the 1-year obligation requirement, the Secretary
shall recapture all remaining unobligated funds awarded to
the public housing agency and reallocate such funds to
agencies that are in compliance with those requirements:
Provided further, That if a public housing agency fails to
comply with either the 2-year or the 3-year expenditure
requirement, the Secretary shall recapture the balance of the
funds awarded to the public housing agency and reallocate
such funds to agencies that are in compliance with those
requirements: Provided further, That in administering funds
appropriated or otherwise made available under this heading,
the Secretary may waive or specify alternative requirements
for any provision of any statute or regulation in connection
with the obligation by the Secretary or the use of these
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding that such a waiver is necessary to expedite or
facilitate the use of such funds: Provided further, That, in
addition to waivers authorized under the previous proviso,
the Secretary may direct that requirements relating to the
procurement of goods and services arising under state and
local laws and regulations shall not apply to amounts made
available under this heading: Provided further, That of the
funds made available under this heading, up to .5 percent
shall be available for staffing, training, technical
assistance, technology, monitoring, travel, enforcement,
research and evaluation activities: Provided further, That
funds set aside in the previous proviso shall remain
available until September 30, 2012: Provided further, That
any funds made available under this heading used by the
Secretary for personnel expenses related to administering
funding under this heading shall be transferred to
``Personnel Compensation and Benefits, Office of Public and
Indian Housing'' and shall retain the terms and conditions of
this account, including reprogramming provisions, except that
the period of availability set forth in the previous proviso
shall govern such transferred funds: Provided further, That
any funds made available under this heading used by the
Secretary for training or other administrative expenses shall
be transferred to ``Administration, Operations, and
Management'', for non-personnel expenses of the Department of
Housing and Urban Development: Provided further, That any
funds made available under this heading used by the Secretary
for technology shall be transferred to ``Working Capital
Fund''.
Native American Housing Block Grants
For an additional amount for ``Native American Housing
Block Grants'', as authorized under title I of the Native
American Housing Assistance and Self-Determination Act of
1996 (``NAHASDA'') (25 U.S.C. 4111 et seq.), $510,000,000 to
remain available until September 30, 2011: Provided, That
$255,000,000 of the amount provided under this heading shall
be distributed according to the same funding formula used in
fiscal year 2008: Provided further, That the Secretary shall
obligate funds allocated by formula within 30 days of
enactment of this Act: Provided further, That the amounts
distributed through the formula shall be used for new
construction, acquisition, rehabilitation including energy
efficiency and conservation, and infrastructure development:
Provided further, That in selecting projects to be funded,
recipients shall give priority to projects for which
contracts can be awarded within 180 days from the date that
funds are available to the recipients: Provided further, that
the Secretary may obligate $255,000,000 of the amount
provided under this heading for competitive grants to
eligible entities that apply for funds authorized under
NAHASDA: Provided further, That the Secretary shall obligate
competitive funding by September 30, 2009: Provided further,
That in awarding competitive funds, the Secretary shall
[[Page H1334]]
give priority to projects that will spur construction and
rehabilitation and will create employment opportunities for
low-income and unemployed persons: Provided further, That
recipients of funds under this heading shall obligate 100
percent of such funds within 1 year of the date funds are
made available to a recipient, expend at least 50 percent of
such funds within 2 years of the date on which funds become
available to such recipients for obligation and expend 100
percent of such funds within 3 years of such date: Provided
further, That if a recipient fails to comply with the 2-year
expenditure requirement, the Secretary shall recapture all
remaining funds awarded to the recipient and reallocate such
funds through the funding formula to recipients that are in
compliance with these requirements: Provided further, That if
a recipient fails to comply with the 3-year expenditure
requirement, the Secretary shall recapture the balance of the
funds originally awarded to the recipient: Provided further,
That notwithstanding any other provision of law, the
Secretary may set aside up to 2 percent of funds made
available under this paragraph for a housing entity eligible
to receive funding under title VIII of NAHASDA (25 U.S.C.
4221 et seq.): Provided further, That in administering funds
appropriated or otherwise made available under this heading,
the Secretary may waive or specify alternative requirements
for any provision of any statute or regulation in connection
with the obligation by the Secretary or the use of these
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding that such a waiver is necessary to expedite or
facilitate the use of such funds: Provided further, That of
the funds made available under this heading, up to .5 percent
shall be available for staffing, training, technical
assistance, technology, monitoring, travel, enforcement,
research and evaluation activities: Provided further, That
funds set aside in the previous proviso shall remain
available until September 30, 2012: Provided further, That
any funds made available under this heading used by the
Secretary for personnel expenses related to administering
funding under this heading shall be transferred to
``Personnel Compensation and Benefits, Office of Public and
Indian Housing'' and shall retain the terms and conditions of
this account, including reprogramming provisions, except that
the period of availability set forth in the previous proviso
shall govern such transferred funds: Provided further, That
any funds made available under this heading used by the
Secretary for training or other administrative expenses shall
be transferred to ``Administration, Operations, and
Management'', for non-personnel expenses of the Department of
Housing and Urban Development: Provided further, That any
funds made available under this heading used by the Secretary
for technology shall be transferred to ``Working Capital
Fund''.
Community Planning and Development
community development fund
For an additional amount for ``Community Development Fund''
$1,000,000,000, to remain available until September 30, 2010
to carry out the community development block grant program
under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.): Provided, That the amount
appropriated in this paragraph shall be distributed pursuant
to 42 U.S.C. 5306 to grantees that received funding in fiscal
year 2008: Provided further, That in administering the funds
appropriated in this paragraph, the Secretary of Housing and
Urban Development shall establish requirements to expedite
the use of the funds: Provided further, That in selecting
projects to be funded, recipients shall give priority to
projects that can award contracts based on bids within 120
days from the date the funds are made available to the
recipients: Provided further, That in administering funds
appropriated or otherwise made available under this heading,
the Secretary may waive or specify alternative requirements
for any provision of any statute or regulation in connection
with the obligation by the Secretary or the use by the
recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the
environment), upon a finding that such waiver is necessary to
expedite or facilitate the timely use of such funds and would
not be inconsistent with the overall purpose of the statute.
For the provision of emergency assistance for the
redevelopment of abandoned and foreclosed homes, as
authorized under division B, title III of the Housing and
Economic Recovery Act of 2008 (``the Act'') (Public Law 110-
289) (42 U.S.C. 5301 note), $2,000,000,000, to remain
available until September 30, 2010: Provided, That grantees
shall expend at least 50 percent of allocated funds within 2
years of the date funds become available to the grantee for
obligation, and 100 percent of such funds within 3 years of
such date: Provided further, That unless otherwise noted
herein, the provisions of the Act govern the use of the
additional funds made available under this heading: Provided
further, That notwithstanding the provisions of sections
2301(b) and (c)(1) and section 2302 of the Act, funding under
this paragraph shall be allocated by competitions for which
eligible entities shall be States, units of general local
government, and nonprofit entities or consortia of nonprofit
entities, which may submit proposals in partnership with for
profit entities: Provided further, That in selecting
grantees, the Secretary of Housing and Urban Development
shall ensure that the grantees are in areas with the greatest
number and percentage of foreclosures and can expend funding
within the period allowed under this heading: Provided
further, That additional award criteria for such competitions
shall include demonstrated grantee capacity to execute
projects, leveraging potential, concentration of investment
to achieve neighborhood stabilization, and any additional
factors determined by the Secretary of Housing and Urban
Development: Provided further, That the Secretary may
establish a minimum grant size: Provided further, That the
Secretary shall publish criteria on which to base competition
for any grants awarded under this heading not later than 75
days after the enactment of this Act and applications shall
be due to HUD not later than 150 days after the enactment of
this Act: Provided further, That the Secretary shall obligate
all funding within 1 year of enactment of this Act: Provided
further, That section 2301(d)(4) of the Act is repealed:
Provided further, That section 2301(c)(3)(C) of the Act is
amended to read ``establish and operate land banks for homes
and residential properties that have been foreclosed upon'':
Provided further, That funding used for section 2301(c)(3)(E)
of the Act shall be available only for the redevelopment of
demolished or vacant properties as housing: Provided further,
That no amounts made available from a grant under this
heading may be used to demolish any public housing (as such
term is defined in section 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a)): Provided further, That a grantee
may not use more than 10 percent of its grant under this
heading for demolition activities under section 2301(c)(3)(C)
and (D) unless the Secretary determines that such use
represents an appropriate response to local market
conditions: Provided further, That the recipient of any grant
or loan from amounts made available under this heading or,
after the date of enactment under division B, title III of
the Housing and Economic Recovery Act of 2008, may not refuse
to lease a dwelling unit in housing with such loan or grant
to a participant under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) because of the status of the
prospective tenant as such a participant: Provided further,
That in addition to the eligible uses in section 2301, the
Secretary may also use up to 10 percent of the funds provided
under this heading for grantees for the provision of capacity
building of and support for local communities receiving
funding under section 2301 of the Act or under this heading:
Provided further, That in administering funds appropriated or
otherwise made available under this section, the Secretary
may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of funds except for
requirements related to fair housing, nondiscrimination,
labor standards and the environment, upon a finding that such
a waiver is necessary to expedite or facilitate the use of
such funds: Provided further, That in the case of any
acquisition of a foreclosed upon dwelling or residential real
property acquired after the date of enactment with any
amounts made available under this heading or under division
B, title III of the Housing and Economic Recovery Act of 2008
(Public Law 110-289), the initial successor in interest in
such property pursuant to the foreclosure shall assume such
interest subject to: (1) the provision by such successor in
interest of a notice to vacate to any bona fide tenant at
least 90 days before the effective date of such notice; and
(2) the rights of any bona fide tenant, as of the date of
such notice of foreclosure: (A) under any bona fide lease
entered into before the notice of foreclosure to occupy the
premises until the end of the remaining term of the lease,
except that a successor in interest may terminate a lease
effective on the date of sale of the unit to a purchaser who
will occupy the unit as a primary residence, subject to the
receipt by the tenant of the 90-day notice under this
paragraph; or (B) without a lease or with a lease terminable
at will under State law, subject to the receipt by the tenant
of the 90-day notice under this paragraph, except that
nothing in this paragraph shall affect the requirements for
termination of any Federal- or State-subsidized tenancy or of
any State or local law that provides longer time periods or
other additional protections for tenants: Provided further,
That, for purposes of this paragraph, a lease or tenancy
shall be considered bona fide only if: (1) the mortgagor
under the contract is not the tenant; (2) the lease or
tenancy was the result of an arms-length transaction; and (3)
the lease or tenancy requires the receipt of rent that is not
substantially less than fair market rent for the property:
Provided further, That the recipient of any grant or loan
from amounts made available under this heading or, after the
date of enactment, under division B, title III of the Housing
and Economic Recovery Act of 2008 (Public Law 110-289) may
not refuse to lease a dwelling unit in housing assisted with
such loan or grant to a holder of a voucher or certificate of
eligibility under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) because of the status of the
prospective tenant as such a holder: Provided further, That
in the case of any qualified foreclosed housing for which
funds made available under this heading or, after the date of
enactment, under division B, title III of the Housing and
Economic Recovery Act of 2008 (Public Law 110-289) are used
and in which a recipient of assistance under section 8(o) of
the U.S. Housing Act of 1937 resides at the time of
foreclosure, the initial successor in interest shall be
subject to the lease and to the housing assistance payments
contract for the occupied unit: Provided further, That
vacating the property prior to sale shall not constitute good
cause for termination of the tenancy unless the property is
unmarketable while occupied or unless the owner or subsequent
purchaser desires the unit for personal or family use:
Provided further, That if a public housing agency is unable
to make payments under the contract to the immediate
successor in interest after foreclosures, due to (1) an
action or inaction by the successor in interest, including
the rejection of payments or the failure of the successor to
maintain the unit in compliance with section 8(o)(8) of the
United States Housing Act of 1937 (42 U.S.C.1437f) or (2)
[[Page H1335]]
an inability to identify the successor, the agency may use
funds that would have been used to pay the rental amount on
behalf of the family--(i) to pay for utilities that are the
responsibility of the owner under the lease or applicable
law, after taking reasonable steps to notify the owner that
it intends to make payments to a utility provider in lieu of
payments to the owner, except prior notification shall not be
required in any case in which the unit will be or has been
rendered uninhabitable due to the termination or threat of
termination of service, in which case the public housing
agency shall notify the owner within a reasonable time after
making such payment; or (ii) for the family's reasonable
moving costs, including security deposit costs: Provided
further, That this paragraph shall not preempt any Federal,
State or local law that provides more protections for
tenants: Provided further, That of the funds made available
under this heading, up to 1 percent shall be available for
staffing, training, technical assistance, technology,
monitoring, travel, enforcement, research and evaluation
activities: Provided further, That funds set aside in the
previous proviso shall remain available until September 30,
2012: Provided further, That any funds made available under
this heading used by the Secretary for personnel expenses
related to administering funding under this heading shall be
transferred to ``Personnel Compensation and Benefits,
Community Planning and Development'' and shall retain the
terms and conditions of this account, including reprogramming
provisions, except that the period of availability set forth
in the previous proviso shall govern such transferred funds:
Provided further, That any funds made available under this
heading used by the Secretary for training or other
administrative expenses shall be transferred to
``Administration, Operations, and management'', for non-
personnel expenses of the Department of Housing and Urban
Development: Provided further, That any funds made available
under this heading used by the Secretary for technology shall
be transferred to ``Working Capital Funds''.
Home Investment Partnerships Program
For an additional amount for capital investments in low-
income housing tax credit projects, $2,250,000,000, to remain
available until September 30, 2011: Provided, That such funds
shall be made available to State housing credit agencies, as
defined in section 42(h) of the Internal Revenue Code of
1986, and shall be apportioned among the States based on the
percentage of HOME funds apportioned to each State and the
participating jurisdictions therein for Fiscal Year 2008:
Provided further, That the housing credit agencies in each
State shall distribute these funds competitively under this
heading and pursuant to their qualified allocation plan (as
defined in section 42(m) of the Internal Revenue Code of
1986) to owners of projects who have received or receive
simultaneously an award of low-income housing tax credits
under section 42(h) of the Internal Revenue Code of 1986:
Provided further, That housing credit agencies in each State
shall commit not less than 75 percent of such funds within
one year of the date of enactment of this Act, and shall
demonstrate that the project owners shall have expended 75
percent of the funds made available under this heading within
two years of the date of enactment of this Act, and shall
have expended 100 percent of the funds within 3 years of the
date of enactment of this Act: Provided further, That failure
by an owner to expend funds within the parameters required
within the previous proviso shall result in a redistribution
of these funds by a housing credit agency to a more deserving
project in such State, except any funds not expended after 3
years from enactment shall be redistributed by the Secretary
to other States that have fully utilized the funds made
available to them: Provided further, That projects awarded
low income housing tax credits under section 42(h) of the IRC
of 1986 in fiscal years 2007, 2008, or 2009 shall be eligible
for funding under this heading: Provided further, That
housing credit agencies shall give priority to projects that
are expected to be completed within 3 years of enactment:
Provided further, That any assistance provided to an eligible
low income housing tax credit project under this heading
shall be made in the same manner and be subject to the same
limitations (including rent, income, and use restrictions, in
lieu of corresponding limitations under the HOME program) as
required by the state housing credit agency with respect to
an award of low income housing credits under section 42 of
the IRC of 1986: Provided further, That the housing credit
agency shall perform asset management functions, or shall
contract for the performance of such services, in either
case, at the owner's expense, to ensure compliance with
section 42 of the IRC of 1986, and the long term viability of
buildings funded by assistance under this heading: Provided
further, That the term eligible basis (as such term is
defined in such section 42) of a qualified low-income housing
tax credit building receiving assistance under this heading
shall not be reduced by the amount of any grant described
under this heading: Provided further, That the Secretary
shall be given access upon reasonable notice to a State
housing credit agency to information related to the award of
Federal funds from such housing credit agency pursuant to
this heading and shall establish an Internet site that shall
identify all projects selected for an award, including the
amount of the award and such site shall provide linkage to
the housing credit agency allocation plan which describes the
process that was used to make the award decision, Provided
further, That in administering funds under this heading, the
Secretary may waive any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient
of these funds except for requirements imposed by this
heading and requirements related to fair housing, non-
discrimination, labor standards and the environment, upon a
finding that such waiver is required to expedite the use of
such funds: Provided further, That for purposes of
environmental compliance review, funds under this heading
that are made available to State housing credit agencies for
distribution to projects awarded low income housing tax
credits shall be treated as funds under the HOME program and
shall be subject to Section 288 of the HOME Investment
Partnership Act.
Homelessness Prevention Fund
For homelessness prevention and rapid re-housing
activities, $1,500,000,000, to remain available until
September 30, 2011: Provided, That funds provided under this
heading shall be used for the provision of short-term or
medium-term rental assistance; housing relocation and
stabilization services including housing search, mediation or
outreach to property owners, credit repair, security or
utility deposits, utility payments, rental assistance for a
final month at a location, moving cost assistance, and case
management; or other appropriate activities for homelessness
prevention and rapid re-housing of persons who have become
homeless: Provided further, That grantees receiving such
assistance shall collect data on the use of the funds awarded
and persons served with this assistance in the HUD Homeless
Management Information System (``HMIS'') or other comparable
database: Provided further, That grantees may use up to 5
percent of any grant for administrative costs: Provided
further, That funding made available under this heading shall
be allocated to eligible grantees (as defined and designated
in sections 411 and 412 of subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act, (the ``Act''))
pursuant to the formula authorized by section 413 of the Act:
Provided further, That the Secretary may establish a minimum
grant size: Provided further, That grantees shall expend at
least 60 percent of funds within 2 years of the date that
funds became available to them for obligation, and 100
percent of funds within 3 years of such date, and the
Secretary may recapture unexpended funds in violation of the
2-year expenditure requirement and reallocate such funds to
grantees in compliance with that requirement: Provided
further, That the Secretary may waive statutory or regulatory
provisions (except provisions for fair housing,
nondiscrimination, labor standards, and the environment)
necessary to facilitate the timely expenditure of funds:
Provided further, That the Secretary shall publish a notice
to establish such requirements as may be necessary to carry
out the provisions of this section within 30 days of
enactment of this Act and that this notice shall take effect
upon issuance: Provided further, That of the funds provided
under this heading, up to .5 percent shall be available for
staffing, training, technical assistance, technology,
monitoring, research and evaluation activities: Provided
further, That funds set aside under the previous proviso
shall remain available until September 30, 2012: Provided
further, That any funds made available under this heading
used by the Secretary for personnel expenses related to
administering funding under this heading shall be transferred
to ``Community Planning and Development Personnel
Compensation and Benefits'' and shall retain the terms and
conditions of this account including reprogramming provisions
except that the period of availability set forth in the
previous proviso shall govern such transferred funds:
Provided further, That any funds made available under this
heading used by the Secretary for training or other
administrative expenses shall be transferred to
``Administration, Operations, and Management'' for non-
personnel expenses of the Department of Housing and Urban
Development: Provided further, That any funding made
available under this heading used by the Secretary for
technology shall be transferred to ``Working Capital Fund.''
Housing Programs
assisted housing stability and energy and green retrofit investments
For assistance to owners of properties receiving project-
based assistance pursuant to section 202 of the Housing Act
of 1959 (12 U.S.C. 17012), section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or
section 8 of the United States Housing Act of 1937 as amended
(42 U.S.C. 1437f), $2,250,000,000, of which $2,000,000,000
shall be for an additional amount for paragraph (1) under the
heading ``Project-Based Rental Assistance'' in Public Law
110-161 for payments to owners for 12-month periods, and of
which $250,000,000 shall be for grants or loans for energy
retrofit and green investments in such assisted housing:
Provided, That projects funded with grants or loans provided
under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That such grants or loans shall be provided
through the policies, procedures, contracts, and
transactional infrastructure of the authorized programs
administered by the Office of Affordable Housing Preservation
of the Department of Housing and Urban Development, on such
terms and conditions as the Secretary of Housing and Urban
Development deems appropriate to ensure the maintenance and
preservation of the property, the continued operation and
maintenance of energy efficiency technologies, and the timely
expenditure of funds: Provided further, That the Secretary
may provide incentives to owners to undertake energy or green
retrofits as a part of such grant or loan terms, including,
but not limited to, fees to cover investment oversight and
implementation by said owner, or to encourage job creation
for low-income or very low-income individuals: Provided
further, That the Secretary may share in a portion of future
property
[[Page H1336]]
utility savings resulting from improvements made by grants or
loans made available under this heading: Provided further,
That the grants or loans shall include a financial assessment
and physical inspection of such property: Provided further,
That eligible owners must have at least a satisfactory
management review rating, be in substantial compliance with
applicable performance standards and legal requirements, and
commit to an additional period of affordability determined by
the Secretary, but of not fewer than 15 years: Provided
further, That the Secretary shall undertake appropriate
underwriting and oversight with respect to grant and loan
transactions and may set aside up to 5 percent of the funds
made available under this heading for grants or loans for
such purpose: Provided further, That the Secretary shall take
steps necessary to ensure that owners receiving funding for
energy and green retrofit investments under this heading
shall expend such funding within 2 years of the date they
received the funding: Provided further, That in administering
funds appropriated or otherwise made available under this
heading, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation
in connection with the obligation by the Secretary or the use
of these funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding that such a waiver is necessary
to expedite or facilitate the use of such funds: Provided
further, That of the funds provided under this heading for
grants and loans, up to 1 percent shall be available for
staffing, training, technical assistance, technology,
monitoring, research and evaluation activities: Provided
further, That funds set aside in the previous proviso shall
remain available until September 30, 2012: Provided further,
That funding made available under this heading and used by
the Secretary for personnel expenses related to administering
funding under this heading shall be transferred to ``Housing
Personnel Compensation and Benefits'' and shall retain the
terms and conditions of this account including reprogramming
provisos except that the period of availability set forth in
the previous proviso shall govern such transferred funds:
Provided further, That any funding made available under this
heading used by the Secretary for training and other
administrative expenses shall be transferred to
``Administration, Operations and Management'' for non-
personnel expenses of the Department of Housing and Urban
Development: Provided further, That any funding made
available under this heading used by the Secretary for
technology shall be transferred to ``Working Capital Fund.''
Office of Lead Hazard Control and Healthy Homes
For an additional amount for the ``Lead Hazard Reduction
Program'', as authorized by section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, and by
sections 501 and 502 of the Housing and Urban Development Act
of 1974, $100,000,000, to remain available until September
30, 2011: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, Operation Lead Elimination Action
Plan (LEAP), or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a
special project for purposes of section 305(e) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That funds shall be awarded first to
applicants which had applied under the Lead Hazard Reduction
Program Notices of Funding Availability for fiscal year 2008,
and were found in the application review to be qualified for
award, but were not awarded because of funding limitations,
and that any funds which remain after reservation of funds
for such grants shall be added to the amount of funds to be
awarded under the Lead Hazard Reduction Program Notices of
Funding Availability for fiscal year 2009: Provided further,
That each applicant for the Lead Hazard Program Notices of
Funding Availability for fiscal year 2009 shall submit a
detailed plan and strategy that demonstrates adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds: Provided further, That recipients of
funds under this heading shall expend at least 50 percent of
such funds within 2 years of the date on which funds become
available to such jurisdictions for obligation, and expend
100 percent of such funds within 3 years of such date:
Provided further, That if a recipient fails to comply with
the 2-year expenditure requirement, the Secretary shall
recapture all remaining funds awarded to the recipient and
reallocate such funds to recipients that are in compliance
with those requirements: Provided further, That if a
recipient fails to comply with the 3-year expenditure
requirement, the Secretary shall recapture the balance of the
funds awarded to the recipient: Provided further, That in
administering funds appropriated or otherwise made available
under this heading, the Secretary may waive or specify
alternative requirements for any provision of any statute or
regulation in connection with the obligation by the Secretary
or the use of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards and the
environment), upon a finding that such a waiver is necessary
to expedite or facilitate the use of such funds: Provided
further, That of the funds made available under this heading,
up to .5 percent shall be available for staffing, training,
technical assistance, technology, monitoring, travel,
enforcement, research and evaluation activities: Provided
further, That funds set aside in the previous proviso shall
remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the
Secretary for personnel expenses related to administering
funding under this heading shall be transferred to
``Personnel Compensation and Benefits, Office of Lead Hazard
Control and Healthy Homes'' and shall retain the terms and
conditions of this account, including reprogramming
provisions, except that the period of availability set forth
in the previous proviso shall govern such transferred funds:
Provided further, That any funds made available under this
heading used by the Secretary for training or other
administrative expenses shall be transferred to
``Administration, Operations, and Management'', for non-
personnel expenses of the Department of Housing and Urban
Development: Provided further, That any funds made available
under this heading used by the Secretary for technology shall
be transferred to ``Working Capital Fund''.
Management and Administration
office of inspector general
For an additional amount for the necessary salaries and
expenses of the Office of Inspector General in carrying out
the Inspector General Act of 1978, as amended, $15,000,000,
to remain available until September 30, 2013: Provided, That
the Inspector General shall have independent authority over
all personnel issues within this office.
GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Sec. 1202. FHA Loan Limits for 2009. (a) Loan Limit Floor
Based on 2008 Levels.--For mortgages for which the mortgagee
issues credit approval for the borrower during calendar year
2009, if the dollar amount limitation on the principal
obligation of a mortgage determined under section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)) for any
size residence for any area is less than such dollar amount
limitation that was in effect for such size residence for
such area for 2008 pursuant to section 202 of the Economic
Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 620),
notwithstanding any other provision of law, the maximum
dollar amount limitation on the principal obligation of a
mortgage for such size residence for such area for purposes
of such section 203(b)(2) shall be considered (except for
purposes of section 255(g) of such Act (12 U.S.C. 1715z-
20(g))) to be such dollar amount limitation in effect for
such size residence for such area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding
any other provision of law, if the Secretary of Housing and
Urban Development determines, for any geographic area that is
smaller than an area for which dollar amount limitations on
the principal obligation of a mortgage are determined under
section 203(b)(2) of the National Housing Act, that a higher
such maximum dollar amount limitation is warranted for any
particular size or sizes of residences in such sub-area by
higher median home prices in such sub-area, the Secretary
may, for mortgages for which the mortgagee issues credit
approval for the borrower during calendar year 2009, increase
the maximum dollar amount limitation for such size or sizes
of residences for such sub-area that is otherwise in effect
(including pursuant to subsection (a) of this section), but
in no case to an amount that exceeds the amount specified in
section 202(a)(2) of the Economic Stimulus Act of 2008.
Sec. 1203. GSE Conforming Loan Limits for 2009. (a) Loan
Limit Floor Based on 2008 Levels.--For mortgages originated
during calendar year 2009, if the limitation on the maximum
original principal obligation of a mortgage that may be
purchased by the Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation determined under
section 302(b)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)) or section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1754(a)(2)), respectively, for any size residence
for any area is less than such maximum original principal
obligation limitation that was in effect for such size
residence for such area for 2008 pursuant to section 201 of
the Economic Stimulus Act of 2008 (Public Law 110-185; 122
Stat. 619), notwithstanding any other provision of law, the
limitation on the maximum original principal obligation of a
mortgage for such Association and Corporation for such size
residence for such area shall be such maximum limitation in
effect for such size residence for such area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding
any other provision of law, if the Director of the Federal
Housing Finance Agency determines, for any geographic area
that is smaller than an area for which limitations on the
maximum original principal obligation of a mortgage are
determined for the Federal National Mortgage Association or
the Federal Home Loan Mortgage Corporation, that a higher
such maximum original principal obligation limitation is
warranted for any particular size or sizes of residences in
such sub-area by higher median home prices in such sub-area,
the Director may, for mortgages originated during 2009,
increase the maximum original principal obligation limitation
for such size or sizes of residences for such sub-area that
is otherwise in effect (including pursuant to subsection (a)
of this section) for such Association and Corporation, but in
no case to an amount that exceeds the amount specified in the
matter following the comma in section 201(a)(1)(B) of the
Economic Stimulus Act of 2008.
Sec. 1204. FHA Reverse Mortgage Loan Limits for 2009. For
mortgages for which the mortgagee issues credit approval for
the borrower during calendar year 2009, the second sentence
of section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) shall be considered to require that in no case
may the benefits of insurance under such section 255 exceed
150
[[Page H1337]]
percent of the maximum dollar amount in effect under the
sixth sentence of section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
TITLE XIII--HEALTH INFORMATION TECHNOLOGY
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS OF TITLE.
(a) Short Title.--This title (and title IV of division B)
may be cited as the ``Health Information Technology for
Economic and Clinical Health Act'' or the ``HITECH Act''.
(b) Table of Contents of Title.--The table of contents of
this title is as follows:
Sec. 13001. Short title; table of contents of title.
Subtitle A--Promotion of Health Information Technology
Part 1--Improving Health Care Quality, Safety, and Efficiency
Sec. 13101. ONCHIT; standards development and adoption.
``TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY
``Sec. 3000. Definitions.
``Subtitle A--Promotion of Health Information Technology
``Sec. 3001. Office of the National Coordinator for Health Information
Technology.
``Sec. 3002. HIT Policy Committee.
``Sec. 3003. HIT Standards Committee.
``Sec. 3004. Process for adoption of endorsed recommendations; adoption
of initial set of standards, implementation
specifications, and certification criteria.
``Sec. 3005. Application and use of adopted standards and
implementation specifications by Federal agencies.
``Sec. 3006. Voluntary application and use of adopted standards and
implementation specifications by private entities.
``Sec. 3007. Federal health information technology.
``Sec. 3008. Transitions.
``Sec. 3009. Miscellaneous provisions.
Sec. 13102. Technical amendment.
Part 2--Application and Use of Adopted Health Information Technology
Standards; Reports
Sec. 13111. Coordination of Federal activities with adopted standards
and implementation specifications.
Sec. 13112. Application to private entities.
Sec. 13113. Study and reports.
Subtitle B--Testing of Health Information Technology
Sec. 13201. National Institute for Standards and Technology testing.
Sec. 13202. Research and development programs.
Subtitle C--Grants and Loans Funding
Sec. 13301. Grant, loan, and demonstration programs.
``Subtitle B--Incentives for the Use of Health Information Technology
``Sec. 3011. Immediate funding to strengthen the health information
technology infrastructure.
``Sec. 3012. Health information technology implementation assistance.
``Sec. 3013. State grants to promote health information technology.
``Sec. 3014. Competitive grants to States and Indian tribes for the
development of loan programs to facilitate the widespread
adoption of certified EHR technology.
``Sec. 3015. Demonstration program to integrate information technology
into clinical education.
``Sec. 3016. Information technology professionals in health care.
``Sec. 3017. General grant and loan provisions.
``Sec. 3018. Authorization for appropriations.
Subtitle D--Privacy
Sec. 13400. Definitions.
Part 1--Improved Privacy Provisions and Security Provisions
Sec. 13401. Application of security provisions and penalties to
business associates of covered entities; annual guidance
on security provisions.
Sec. 13402. Notification in the case of breach.
Sec. 13403. Education on health information privacy.
Sec. 13404. Application of privacy provisions and penalties to business
associates of covered entities.
Sec. 13405. Restrictions on certain disclosures and sales of health
information; accounting of certain protected health
information disclosures; access to certain information in
electronic format.
Sec. 13406. Conditions on certain contacts as part of health care
operations.
Sec. 13407. Temporary breach notification requirement for vendors of
personal health records and other non-HIPAA covered
entities.
Sec. 13408. Business associate contracts required for certain entities.
Sec. 13409. Clarification of application of wrongful disclosures
criminal penalties.
Sec. 13410. Improved enforcement.
Sec. 13411. Audits.
Part 2--Relationship to Other Laws; Regulatory References; Effective
Date; Reports
Sec. 13421. Relationship to other laws.
Sec. 13422. Regulatory references.
Sec. 13423. Effective date.
Sec. 13424. Studies, reports, guidance.
Subtitle A--Promotion of Health Information Technology
PART 1--IMPROVING HEALTH CARE QUALITY, SAFETY, AND EFFICIENCY
SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND ADOPTION.
The Public Health Service Act (42 U.S.C. 201 et seq.) is
amended by adding at the end the following:
``TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY
``SEC. 3000. DEFINITIONS.
``In this title:
``(1) Certified ehr technology.--The term `certified EHR
technology' means a qualified electronic health record that
is certified pursuant to section 3001(c)(5) as meeting
standards adopted under section 3004 that are applicable to
the type of record involved (as determined by the Secretary,
such as an ambulatory electronic health record for office-
based physicians or an inpatient hospital electronic health
record for hospitals).
``(2) Enterprise integration.--The term `enterprise
integration' means the electronic linkage of health care
providers, health plans, the government, and other interested
parties, to enable the electronic exchange and use of health
information among all the components in the health care
infrastructure in accordance with applicable law, and such
term includes related application protocols and other related
standards.
``(3) Health care provider.--The term `health care
provider' includes a hospital, skilled nursing facility,
nursing facility, home health entity or other long term care
facility, health care clinic, community mental health center
(as defined in section 1913(b)(1)), renal dialysis facility,
blood center, ambulatory surgical center described in section
1833(i) of the Social Security Act, emergency medical
services provider, Federally qualified health center, group
practice, a pharmacist, a pharmacy, a laboratory, a physician
(as defined in section 1861(r) of the Social Security Act), a
practitioner (as described in section 1842(b)(18)(C) of the
Social Security Act), a provider operated by, or under
contract with, the Indian Health Service or by an Indian
tribe (as defined in the Indian Self-Determination and
Education Assistance Act), tribal organization, or urban
Indian organization (as defined in section 4 of the Indian
Health Care Improvement Act), a rural health clinic, a
covered entity under section 340B, an ambulatory surgical
center described in section 1833(i) of the Social Security
Act, a therapist (as defined in section 1848(k)(3)(B)(iii) of
the Social Security Act), and any other category of health
care facility, entity, practitioner, or clinician determined
appropriate by the Secretary.
``(4) Health information.--The term `health information'
has the meaning given such term in section 1171(4) of the
Social Security Act.
``(5) Health information technology.--The term `health
information technology' means hardware, software, integrated
technologies or related licenses, intellectual property,
upgrades, or packaged solutions sold as services that are
designed for or support the use by health care entities or
patients for the electronic creation, maintenance, access, or
exchange of health information
``(6) Health plan.--The term `health plan' has the meaning
given such term in section 1171(5) of the Social Security
Act.
``(7) HIT policy committee.--The term `HIT Policy
Committee' means such Committee established under section
3002(a).
``(8) HIT standards committee.--The term `HIT Standards
Committee' means such Committee established under section
3003(a).
``(9) Individually identifiable health information.--The
term `individually identifiable health information' has the
meaning given such term in section 1171(6) of the Social
Security Act.
``(10) Laboratory.--The term `laboratory' has the meaning
given such term in section 353(a).
``(11) National coordinator.--The term `National
Coordinator' means the head of the Office of the National
Coordinator for Health Information Technology established
under section 3001(a).
``(12) Pharmacist.--The term `pharmacist' has the meaning
given such term in section 804(2) of the Federal Food, Drug,
and Cosmetic Act.
``(13) Qualified electronic health record.--The term
`qualified electronic health record' means an electronic
record of health-related information on an individual that--
``(A) includes patient demographic and clinical health
information, such as medical history and problem lists; and
``(B) has the capacity--
``(i) to provide clinical decision support;
``(ii) to support physician order entry;
``(iii) to capture and query information relevant to health
care quality; and
``(iv) to exchange electronic health information with, and
integrate such information from other sources.
``(14) State.--The term `State' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``Subtitle A--Promotion of Health Information Technology
``SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
INFORMATION TECHNOLOGY.
``(a) Establishment.--There is established within the
Department of Health and Human Services an Office of the
National Coordinator
[[Page H1338]]
for Health Information Technology (referred to in this
section as the `Office'). The Office shall be headed by a
National Coordinator who shall be appointed by the Secretary
and shall report directly to the Secretary.
``(b) Purpose.--The National Coordinator shall perform the
duties under subsection (c) in a manner consistent with the
development of a nationwide health information technology
infrastructure that allows for the electronic use and
exchange of information and that--
``(1) ensures that each patient's health information is
secure and protected, in accordance with applicable law;
``(2) improves health care quality, reduces medical errors,
reduces health disparities, and advances the delivery of
patient-centered medical care;
``(3) reduces health care costs resulting from
inefficiency, medical errors, inappropriate care, duplicative
care, and incomplete information;
``(4) provides appropriate information to help guide
medical decisions at the time and place of care;
``(5) ensures the inclusion of meaningful public input in
such development of such infrastructure;
``(6) improves the coordination of care and information
among hospitals, laboratories, physician offices, and other
entities through an effective infrastructure for the secure
and authorized exchange of health care information;
``(7) improves public health activities and facilitates the
early identification and rapid response to public health
threats and emergencies, including bioterror events and
infectious disease outbreaks;
``(8) facilitates health and clinical research and health
care quality;
``(9) promotes early detection, prevention, and management
of chronic diseases;
``(10) promotes a more effective marketplace, greater
competition, greater systems analysis, increased consumer
choice, and improved outcomes in health care services; and
``(11) improves efforts to reduce health disparities.
``(c) Duties of the National Coordinator.--
``(1) Standards.--The National Coordinator shall--
``(A) review and determine whether to endorse each
standard, implementation specification, and certification
criterion for the electronic exchange and use of health
information that is recommended by the HIT Standards
Committee under section 3003 for purposes of adoption under
section 3004;
``(B) make such determinations under subparagraph (A), and
report to the Secretary such determinations, not later than
45 days after the date the recommendation is received by the
Coordinator; and
``(C) review Federal health information technology
investments to ensure that Federal health information
technology programs are meeting the objectives of the
strategic plan published under paragraph (3).
``(2) HIT policy coordination.--
``(A) In general.--The National Coordinator shall
coordinate health information technology policy and programs
of the Department with those of other relevant executive
branch agencies with a goal of avoiding duplication of
efforts and of helping to ensure that each agency undertakes
health information technology activities primarily within the
areas of its greatest expertise and technical capability and
in a manner towards a coordinated national goal.
``(B) HIT policy and standards committees.--The National
Coordinator shall be a leading member in the establishment
and operations of the HIT Policy Committee and the HIT
Standards Committee and shall serve as a liaison among those
two Committees and the Federal Government.
``(3) Strategic plan.--
``(A) In general.--The National Coordinator shall, in
consultation with other appropriate Federal agencies
(including the National Institute of Standards and
Technology), update the Federal Health IT Strategic Plan
(developed as of June 3, 2008) to include specific
objectives, milestones, and metrics with respect to the
following:
``(i) The electronic exchange and use of health information
and the enterprise integration of such information.
``(ii) The utilization of an electronic health record for
each person in the United States by 2014.
``(iii) The incorporation of privacy and security
protections for the electronic exchange of an individual's
individually identifiable health information.
``(iv) Ensuring security methods to ensure appropriate
authorization and electronic authentication of health
information and specifying technologies or methodologies for
rendering health information unusable, unreadable, or
indecipherable.
``(v) Specifying a framework for coordination and flow of
recommendations and policies under this subtitle among the
Secretary, the National Coordinator, the HIT Policy
Committee, the HIT Standards Committee, and other health
information exchanges and other relevant entities.
``(vi) Methods to foster the public understanding of health
information technology.
``(vii) Strategies to enhance the use of health information
technology in improving the quality of health care, reducing
medical errors, reducing health disparities, improving public
health, increasing prevention and coordination with community
resources, and improving the continuity of care among health
care settings.
``(viii) Specific plans for ensuring that populations with
unique needs, such as children, are appropriately addressed
in the technology design, as appropriate, which may include
technology that automates enrollment and retention for
eligible individuals.
``(B) Collaboration.--The strategic plan shall be updated
through collaboration of public and private entities.
``(C) Measurable outcome goals.--The strategic plan update
shall include measurable outcome goals.
``(D) Publication.--The National Coordinator shall
republish the strategic plan, including all updates.
``(4) Website.--The National Coordinator shall maintain and
frequently update an Internet website on which there is
posted information on the work, schedules, reports,
recommendations, and other information to ensure transparency
in promotion of a nationwide health information technology
infrastructure.
``(5) Certification.--
``(A) In general.--The National Coordinator, in
consultation with the Director of the National Institute of
Standards and Technology, shall keep or recognize a program
or programs for the voluntary certification of health
information technology as being in compliance with applicable
certification criteria adopted under this subtitle. Such
program shall include, as appropriate, testing of the
technology in accordance with section 13201(b) of the Health
Information Technology for Economic and Clinical Health Act.
``(B) Certification criteria described.--In this title, the
term `certification criteria' means, with respect to
standards and implementation specifications for health
information technology, criteria to establish that the
technology meets such standards and implementation
specifications.
``(6) Reports and publications.--
``(A) Report on additional funding or authority needed.--
Not later than 12 months after the date of the enactment of
this title, the National Coordinator shall submit to the
appropriate committees of jurisdiction of the House of
Representatives and the Senate a report on any additional
funding or authority the Coordinator or the HIT Policy
Committee or HIT Standards Committee requires to evaluate and
develop standards, implementation specifications, and
certification criteria, or to achieve full participation of
stakeholders in the adoption of a nationwide health
information technology infrastructure that allows for the
electronic use and exchange of health information.
``(B) Implementation report.--The National Coordinator
shall prepare a report that identifies lessons learned from
major public and private health care systems in their
implementation of health information technology, including
information on whether the technologies and practices
developed by such systems may be applicable to and usable in
whole or in part by other health care providers.
``(C) Assessment of impact of hit on communities with
health disparities and uninsured, underinsured, and medically
underserved areas.--The National Coordinator shall assess and
publish the impact of health information technology in
communities with health disparities and in areas with a high
proportion of individuals who are uninsured, underinsured,
and medically underserved individuals (including urban and
rural areas) and identify practices to increase the adoption
of such technology by health care providers in such
communities, and the use of health information technology to
reduce and better manage chronic diseases.
``(D) Evaluation of benefits and costs of the electronic
use and exchange of health information.--The National
Coordinator shall evaluate and publish evidence on the
benefits and costs of the electronic use and exchange of
health information and assess to whom these benefits and
costs accrue.
``(E) Resource requirements.--The National Coordinator
shall estimate and publish resources required annually to
reach the goal of utilization of an electronic health record
for each person in the United States by 2014, including--
``(i) the required level of Federal funding;
``(ii) expectations for regional, State, and private
investment;
``(iii) the expected contributions by volunteers to
activities for the utilization of such records; and
``(iv) the resources needed to establish a health
information technology workforce sufficient to support this
effort (including education programs in medical informatics
and health information management).
``(7) Assistance.--The National Coordinator may provide
financial assistance to consumer advocacy groups and not-for-
profit entities that work in the public interest for purposes
of defraying the cost to such groups and entities to
participate under, whether in whole or in part, the National
Technology Transfer Act of 1995 (15 U.S.C. 272 note).
``(8) Governance for nationwide health information
network.--The National Coordinator shall establish a
governance mechanism for the nationwide health information
network.
``(d) Detail of Federal Employees.--
``(1) In general.--Upon the request of the National
Coordinator, the head of any Federal agency is authorized to
detail, with or without reimbursement from the Office, any of
the personnel of such agency to the Office to assist it in
carrying out its duties under this section.
``(2) Effect of detail.--Any detail of personnel under
paragraph (1) shall--
``(A) not interrupt or otherwise affect the civil service
status or privileges of the Federal employee; and
``(B) be in addition to any other staff of the Department
employed by the National Coordinator.
``(3) Acceptance of detailees.--Notwithstanding any other
provision of law, the Office may accept detailed personnel
from other Federal agencies without regard to whether the
agency described under paragraph (1) is reimbursed.
``(e) Chief Privacy Officer of the Office of the National
Coordinator.--Not later
[[Page H1339]]
than 12 months after the date of the enactment of this title,
the Secretary shall appoint a Chief Privacy Officer of the
Office of the National Coordinator, whose duty it shall be to
advise the National Coordinator on privacy, security, and
data stewardship of electronic health information and to
coordinate with other Federal agencies (and similar privacy
officers in such agencies), with State and regional efforts,
and with foreign countries with regard to the privacy,
security, and data stewardship of electronic individually
identifiable health information.
``SEC. 3002. HIT POLICY COMMITTEE.
``(a) Establishment.--There is established a HIT Policy
Committee to make policy recommendations to the National
Coordinator relating to the implementation of a nationwide
health information technology infrastructure, including
implementation of the strategic plan described in section
3001(c)(3).
``(b) Duties.--
``(1) Recommendations on health information technology
infrastructure.--The HIT Policy Committee shall recommend a
policy framework for the development and adoption of a
nationwide health information technology infrastructure that
permits the electronic exchange and use of health information
as is consistent with the strategic plan under section
3001(c)(3) and that includes the recommendations under
paragraph (2). The Committee shall update such
recommendations and make new recommendations as appropriate.
``(2) Specific areas of standard development.--
``(A) In general.--The HIT Policy Committee shall recommend
the areas in which standards, implementation specifications,
and certification criteria are needed for the electronic
exchange and use of health information for purposes of
adoption under section 3004 and shall recommend an order of
priority for the development, harmonization, and recognition
of such standards, specifications, and certification criteria
among the areas so recommended. Such standards and
implementation specifications shall include named standards,
architectures, and software schemes for the authentication
and security of individually identifiable health information
and other information as needed to ensure the reproducible
development of common solutions across disparate entities.
``(B) Areas required for consideration.--For purposes of
subparagraph (A), the HIT Policy Committee shall make
recommendations for at least the following areas:
``(i) Technologies that protect the privacy of health
information and promote security in a qualified electronic
health record, including for the segmentation and protection
from disclosure of specific and sensitive individually
identifiable health information with the goal of minimizing
the reluctance of patients to seek care (or disclose
information about a condition) because of privacy concerns,
in accordance with applicable law, and for the use and
disclosure of limited data sets of such information.
``(ii) A nationwide health information technology
infrastructure that allows for the electronic use and
accurate exchange of health information.
``(iii) The utilization of a certified electronic health
record for each person in the United States by 2014.
``(iv) Technologies that as a part of a qualified
electronic health record allow for an accounting of
disclosures made by a covered entity (as defined for purposes
of regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996) for
purposes of treatment, payment, and health care operations
(as such terms are defined for purposes of such regulations).
``(v) The use of certified electronic health records to
improve the quality of health care, such as by promoting the
coordination of health care and improving continuity of
health care among health care providers, by reducing medical
errors, by improving population health, by reducing health
disparities, by reducing chronic disease, and by advancing
research and education.
``(vi) Technologies that allow individually identifiable
health information to be rendered unusable, unreadable, or
indecipherable to unauthorized individuals when such
information is transmitted in the nationwide health
information network or physically transported outside of the
secured, physical perimeter of a health care provider, health
plan, or health care clearinghouse.
``(vii) The use of electronic systems to ensure the
comprehensive collection of patient demographic data,
including, at a minimum, race, ethnicity, primary language,
and gender information.
``(viii) Technologies that address the needs of children
and other vulnerable populations.
``(C) Other areas for consideration.--In making
recommendations under subparagraph (A), the HIT Policy
Committee may consider the following additional areas:
``(i) The appropriate uses of a nationwide health
information infrastructure, including for purposes of--
``(I) the collection of quality data and public reporting;
``(II) biosurveillance and public health;
``(III) medical and clinical research; and
``(IV) drug safety.
``(ii) Self-service technologies that facilitate the use
and exchange of patient information and reduce wait times.
``(iii) Telemedicine technologies, in order to reduce
travel requirements for patients in remote areas.
``(iv) Technologies that facilitate home health care and
the monitoring of patients recuperating at home.
``(v) Technologies that help reduce medical errors.
``(vi) Technologies that facilitate the continuity of care
among health settings.
``(vii) Technologies that meet the needs of diverse
populations.
``(viii) Methods to facilitate secure access by an
individual to such individual's protected health information.
``(ix) Methods, guidelines, and safeguards to facilitate
secure access to patient information by a family member,
caregiver, or guardian acting on behalf of a patient due to
age-related and other disability, cognitive impairment, or
dementia.
``(x) Any other technology that the HIT Policy Committee
finds to be among the technologies with the greatest
potential to improve the quality and efficiency of health
care.
``(3) Forum.--The HIT Policy Committee shall serve as a
forum for broad stakeholder input with specific expertise in
policies relating to the matters described in paragraphs (1)
and (2).
``(4) Consistency with evaluation conducted under mippa.--
``(A) Requirement for consistency.--The HIT Policy
Committee shall ensure that recommendations made under
paragraph (2)(B)(vi) are consistent with the evaluation
conducted under section 1809(a) of the Social Security Act.
``(B) Scope.--Nothing in subparagraph (A) shall be
construed to limit the recommendations under paragraph
(2)(B)(vi) to the elements described in section 1809(a)(3) of
the Social Security Act.
``(C) Timing.--The requirement under subparagraph (A) shall
be applicable to the extent that evaluations have been
conducted under section 1809(a) of the Social Security Act,
regardless of whether the report described in subsection (b)
of such section has been submitted.
``(c) Membership and Operations.--
``(1) In general.--The National Coordinator shall take a
leading position in the establishment and operations of the
HIT Policy Committee.
``(2) Membership.--The HIT Policy Committee shall be
composed of members to be appointed as follows:
``(A) 3 members shall be appointed by the Secretary, 1 of
whom shall be appointed to represent the Department of Health
and Human Services and 1 of whom shall be a public health
official.
``(B) 1 member shall be appointed by the majority leader of
the Senate.
``(C) 1 member shall be appointed by the minority leader of
the Senate.
``(D) 1 member shall be appointed by the Speaker of the
House of Representatives.
``(E) 1 member shall be appointed by the minority leader of
the House of Representatives.
``(F) Such other members as shall be appointed by the
President as representatives of other relevant Federal
agencies.
``(G) 13 members shall be appointed by the Comptroller
General of the United States of whom--
``(i) 3 members shall advocates for patients or consumers;
``(ii) 2 members shall represent health care providers, one
of which shall be a physician;
``(iii) 1 member shall be from a labor organization
representing health care workers;
``(iv) 1 member shall have expertise in health information
privacy and security;
``(v) 1 member shall have expertise in improving the health
of vulnerable populations;
``(vi) 1 member shall be from the research community;
``(vii) 1 member shall represent health plans or other
third-party payers;
``(viii) 1 member shall represent information technology
vendors;
``(ix) 1 member shall represent purchasers or employers;
and
``(x) 1 member shall have expertise in health care quality
measurement and reporting.
``(3) Participation.--The members of the HIT Policy
Committee appointed under paragraph (2) shall represent a
balance among various sectors of the health care system so
that no single sector unduly influences the recommendations
of the Policy Committee.
``(4) Terms.--
``(A) In general.--The terms of the members of the HIT
Policy Committee shall be for 3 years, except that the
Comptroller General shall designate staggered terms for the
members first appointed.
``(B) Vacancies.--Any member appointed to fill a vacancy in
the membership of the HIT Policy Committee that occurs prior
to the expiration of the term for which the member's
predecessor was appointed shall be appointed only for the
remainder of that term. A member may serve after the
expiration of that member's term until a successor has been
appointed. A vacancy in the HIT Policy Committee shall be
filled in the manner in which the original appointment was
made.
``(5) Outside involvement.--The HIT Policy Committee shall
ensure an opportunity for the participation in activities of
the Committee of outside advisors, including individuals with
expertise in the development of policies for the electronic
exchange and use of health information, including in the
areas of health information privacy and security.
``(6) Quorum.--A majority of the member of the HIT Policy
Committee shall constitute a quorum for purposes of voting,
but a lesser number of members may meet and hold hearings.
``(7) Failure of initial appointment.--If, on the date that
is 45 days after the date of enactment of this title, an
official authorized under paragraph (2) to appoint one or
more members of the HIT Policy Committee has not appointed
the full number of members that such paragraph authorizes
such official to appoint, the Secretary is authorized to
appoint such members.
``(8) Consideration.--The National Coordinator shall ensure
that the relevant and available recommendations and comments
from the
[[Page H1340]]
National Committee on Vital and Health Statistics are
considered in the development of policies.
``(d) Application of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.), other than section 14 of such Act, shall
apply to the HIT Policy Committee.
``(e) Publication.--The Secretary shall provide for
publication in the Federal Register and the posting on the
Internet website of the Office of the National Coordinator
for Health Information Technology of all policy
recommendations made by the HIT Policy Committee under this
section.
``SEC. 3003. HIT STANDARDS COMMITTEE.
``(a) Establishment.--There is established a committee to
be known as the HIT Standards Committee to recommend to the
National Coordinator standards, implementation
specifications, and certification criteria for the electronic
exchange and use of health information for purposes of
adoption under section 3004, consistent with the
implementation of the strategic plan described in section
3001(c)(3) and beginning with the areas listed in section
3002(b)(2)(B) in accordance with policies developed by the
HIT Policy Committee.
``(b) Duties.--
``(1) Standards development.--
``(A) In general.--The HIT Standards Committee shall
recommend to the National Coordinator standards,
implementation specifications, and certification criteria
described in subsection (a) that have been developed,
harmonized, or recognized by the HIT Standards Committee. The
HIT Standards Committee shall update such recommendations and
make new recommendations as appropriate, including in
response to a notification sent under section 3004(a)(2)(B).
Such recommendations shall be consistent with the latest
recommendations made by the HIT Policy Committee.
``(B) Harmonization.--The HIT Standards Committee recognize
harmonized or updated standards from an entity or entities
for the purpose of harmonizing or updating standards and
implementation specifications in order to achieve uniform and
consistent implementation of the standards and implementation
specifications.
``(C) Pilot testing of standards and implementation
specifications.--In the development, harmonization, or
recognition of standards and implementation specifications,
the HIT Standards Committee shall, as appropriate, provide
for the testing of such standards and specifications by the
National Institute for Standards and Technology under section
13201(a) of the Health Information Technology for Economic
and Clinical Health Act.
``(D) Consistency.--The standards, implementation
specifications, and certification criteria recommended under
this subsection shall be consistent with the standards for
information transactions and data elements adopted pursuant
to section 1173 of the Social Security Act.
``(2) Forum.--The HIT Standards Committee shall serve as a
forum for the participation of a broad range of stakeholders
to provide input on the development, harmonization, and
recognition of standards, implementation specifications, and
certification criteria necessary for the development and
adoption of a nationwide health information technology
infrastructure that allows for the electronic use and
exchange of health information.
``(3) Schedule.--Not later than 90 days after the date of
the enactment of this title, the HIT Standards Committee
shall develop a schedule for the assessment of policy
recommendations developed by the HIT Policy Committee under
section 3002. The HIT Standards Committee shall update such
schedule annually. The Secretary shall publish such schedule
in the Federal Register.
``(4) Public input.--The HIT Standards Committee shall
conduct open public meetings and develop a process to allow
for public comment on the schedule described in paragraph (3)
and recommendations described in this subsection. Under such
process comments shall be submitted in a timely manner after
the date of publication of a recommendation under this
subsection.
``(5) Consideration.--The National Coordinator shall ensure
that the relevant and available recommendations and comments
from the National Committee on Vital and Health Statistics
are considered in the development of standards.
``(c) Membership and Operations.--
``(1) In general.--The National Coordinator shall take a
leading position in the establishment and operations of the
HIT Standards Committee.
``(2) Membership.--The membership of the HIT Standards
Committee shall at least reflect providers, ancillary
healthcare workers, consumers, purchasers, health plans,
technology vendors, researchers, relevant Federal agencies,
and individuals with technical expertise on health care
quality, privacy and security, and on the electronic exchange
and use of health information.
``(3) Participation.--The members of the HIT Standards
Committee appointed under this subsection shall represent a
balance among various sectors of the health care system so
that no single sector unduly influences the recommendations
of such Committee.
``(4) Outside involvement.--The HIT Policy Committee shall
ensure an opportunity for the participation in activities of
the Committee of outside advisors, including individuals with
expertise in the development of standards for the electronic
exchange and use of health information, including in the
areas of health information privacy and security.
``(5) Balance among sectors.--In developing the procedures
for conducting the activities of the HIT Standards Committee,
the HIT Standards Committee shall act to ensure a balance
among various sectors of the health care system so that no
single sector unduly influences the actions of the HIT
Standards Committee.
``(6) Assistance.--For the purposes of carrying out this
section, the Secretary may provide or ensure that financial
assistance is provided by the HIT Standards Committee to
defray in whole or in part any membership fees or dues
charged by such Committee to those consumer advocacy groups
and not for profit entities that work in the public interest
as a part of their mission.
``(d) Application of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.), other than section 14, shall apply to
the HIT Standards Committee.
``(e) Publication.--The Secretary shall provide for
publication in the Federal Register and the posting on the
Internet website of the Office of the National Coordinator
for Health Information Technology of all recommendations made
by the HIT Standards Committee under this section.
``SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED
RECOMMENDATIONS; ADOPTION OF INITIAL SET OF
STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND
CERTIFICATION CRITERIA.
``(a) Process for Adoption of Endorsed Recommendations.--
``(1) Review of endorsed standards, implementation
specifications, and certification criteria.--Not later than
90 days after the date of receipt of standards,
implementation specifications, or certification criteria
endorsed under section 3001(c), the Secretary, in
consultation with representatives of other relevant Federal
agencies, shall jointly review such standards, implementation
specifications, or certification criteria and shall determine
whether or not to propose adoption of such standards,
implementation specifications, or certification criteria.
``(2) Determination to adopt standards, implementation
specifications, and certification criteria.--If the Secretary
determines--
``(A) to propose adoption of any grouping of such
standards, implementation specifications, or certification
criteria, the Secretary shall, by regulation under section
553 of title 5, United States Code, determine whether or not
to adopt such grouping of standards, implementation
specifications, or certification criteria; or
``(B) not to propose adoption of any grouping of standards,
implementation specifications, or certification criteria, the
Secretary shall notify the National Coordinator and the HIT
Standards Committee in writing of such determination and the
reasons for not proposing the adoption of such
recommendation.
``(3) Publication.--The Secretary shall provide for
publication in the Federal Register of all determinations
made by the Secretary under paragraph (1).
``(b) Adoption of Standards, Implementation Specifications,
and Certification Criteria.--
``(1) In general.--Not later than December 31, 2009, the
Secretary shall, through the rulemaking process consistent
with subsection (a)(2)(A), adopt an initial set of standards,
implementation specifications, and certification criteria for
the areas required for consideration under section
3002(b)(2)(B). The rulemaking for the initial set of
standards, implementation specifications, and certification
criteria may be issued on an interim, final basis.
``(2) Application of current standards, implementation
specifications, and certification criteria.--The standards,
implementation specifications, and certification criteria
adopted before the date of the enactment of this title
through the process existing through the Office of the
National Coordinator for Health Information Technology may be
applied towards meeting the requirement of paragraph (1).
``(3) Subsequent standards activity.--The Secretary shall
adopt additional standards, implementation specifications,
and certification criteria as necessary and consistent with
the schedule published under section 3003(b)(2).
``SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND
IMPLEMENTATION SPECIFICATIONS BY FEDERAL
AGENCIES.
``For requirements relating to the application and use by
Federal agencies of the standards and implementation
specifications adopted under section 3004, see section 13111
of the Health Information Technology for Economic and
Clinical Health Act.
``SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED
STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY
PRIVATE ENTITIES.
``(a) In General.--Except as provided under section 13112
of the HITECH Act, nothing in such Act or in the amendments
made by such Act shall be construed--
``(1) to require a private entity to adopt or comply with a
standard or implementation specification adopted under
section 3004; or
``(2) to provide a Federal agency authority, other than the
authority such agency may have under other provisions of law,
to require a private entity to comply with such a standard or
implementation specification.
``(b) Rule of Construction.--Nothing in this subtitle shall
be construed to require that a private entity that enters
into a contract with the Federal Government apply or use the
standards and implementation specifications adopted under
section 3004 with respect to activities not related to the
contract.
``SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.
``(a) In General.--The National Coordinator shall support
the development and routine updating of qualified electronic
health record technology (as defined in section 3000)
consistent with subsections (b) and (c) and make available
[[Page H1341]]
such qualified electronic health record technology unless the
Secretary determines through an assessment that the needs and
demands of providers are being substantially and adequately
met through the marketplace.
``(b) Certification.--In making such electronic health
record technology publicly available, the National
Coordinator shall ensure that the qualified electronic health
record technology described in subsection (a) is certified
under the program developed under section 3001(c)(3) to be in
compliance with applicable standards adopted under section
3003(a).
``(c) Authorization To Charge a Nominal Fee.--The National
Coordinator may impose a nominal fee for the adoption by a
health care provider of the health information technology
system developed or approved under subsection (a) and (b).
Such fee shall take into account the financial circumstances
of smaller providers, low income providers, and providers
located in rural or other medically underserved areas.
``(d) Rule of Construction.--Nothing in this section shall
be construed to require that a private or government entity
adopt or use the technology provided under this section.
``SEC. 3008. TRANSITIONS.
``(a) ONCHIT.--To the extent consistent with section 3001,
all functions, personnel, assets, liabilities, and
administrative actions applicable to the National Coordinator
for Health Information Technology appointed under Executive
Order No. 13335 or the Office of such National Coordinator on
the date before the date of the enactment of this title shall
be transferred to the National Coordinator appointed under
section 3001(a) and the Office of such National Coordinator
as of the date of the enactment of this title.
``(b) National EHealth Collaborative.--Nothing in sections
3002 or 3003 or this subsection shall be construed as
prohibiting the AHIC Successor, Inc. doing business as the
National eHealth Collaborative from modifying its charter,
duties, membership, and any other structure or function
required to be consistent with section 3002 and 3003 so as to
allow the Secretary to recognize such AHIC Successor, Inc. as
the HIT Policy Committee or the HIT Standards Committee.
``(c) Consistency of Recommendations.--In carrying out
section 3003(b)(1)(A), until recommendations are made by the
HIT Policy Committee, recommendations of the HIT Standards
Committee shall be consistent with the most recent
recommendations made by such AHIC Successor, Inc.
``SEC. 3009. MISCELLANEOUS PROVISIONS.
``(a) Relation to HIPAA Privacy and Security Law.--
``(1) In general.--With respect to the relation of this
title to HIPAA privacy and security law:
``(A) This title may not be construed as having any effect
on the authorities of the Secretary under HIPAA privacy and
security law.
``(B) The purposes of this title include ensuring that the
health information technology standards and implementation
specifications adopted under section 3004 take into account
the requirements of HIPAA privacy and security law.
``(2) Definition.--For purposes of this section, the term
`HIPAA privacy and security law' means--
``(A) the provisions of part C of title XI of the Social
Security Act, section 264 of the Health Insurance Portability
and Accountability Act of 1996, and subtitle D of title IV of
the Health Information Technology for Economic and Clinical
Health Act; and
``(B) regulations under such provisions.
``(b) Flexibility.--In administering the provisions of this
title, the Secretary shall have flexibility in applying the
definition of health care provider under section 3000(3),
including the authority to omit certain entities listed in
such definition when applying such definition under this
title, where appropriate.''.
SEC. 13102. TECHNICAL AMENDMENT.
Section 1171(5) of the Social Security Act (42 U.S.C.
1320d) is amended by striking ``or C'' and inserting ``C, or
D''.
PART 2--APPLICATION AND USE OF ADOPTED HEALTH INFORMATION TECHNOLOGY
STANDARDS; REPORTS
SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH ADOPTED
STANDARDS AND IMPLEMENTATION SPECIFICATIONS.
(a) Spending on Health Information Technology Systems.--As
each agency (as defined by the Director of the Office of
Management and Budget, in consultation with the Secretary of
Health and Human Services) implements, acquires, or upgrades
health information technology systems used for the direct
exchange of individually identifiable health information
between agencies and with non-Federal entities, it shall
utilize, where available, health information technology
systems and products that meet standards and implementation
specifications adopted under section 3004 of the Public
Health Service Act, as added by section 13101.
(b) Federal Information Collection Activities.--With
respect to a standard or implementation specification adopted
under section 3004 of the Public Health Service Act, as added
by section 13101, the President shall take measures to ensure
that Federal activities involving the broad collection and
submission of health information are consistent with such
standard or implementation specification, respectively,
within three years after the date of such adoption.
(c) Application of Definitions.--The definitions contained
in section 3000 of the Public Health Service Act, as added by
section 13101, shall apply for purposes of this part.
SEC. 13112. APPLICATION TO PRIVATE ENTITIES.
Each agency (as defined in such Executive Order issued on
August 22, 2006, relating to promoting quality and efficient
health care in Federal government administered or sponsored
health care programs) shall require in contracts or
agreements with health care providers, health plans, or
health insurance issuers that as each provider, plan, or
issuer implements, acquires, or upgrades health information
technology systems, it shall utilize, where available, health
information technology systems and products that meet
standards and implementation specifications adopted under
section 3004 of the Public Health Service Act, as added by
section 13101.
SEC. 13113. STUDY AND REPORTS.
(a) Report on Adoption of Nationwide System.--Not later
than 2 years after the date of the enactment of this Act and
annually thereafter, the Secretary of Health and Human
Services shall submit to the appropriate committees of
jurisdiction of the House of Representatives and the Senate a
report that--
(1) describes the specific actions that have been taken by
the Federal Government and private entities to facilitate the
adoption of a nationwide system for the electronic use and
exchange of health information;
(2) describes barriers to the adoption of such a nationwide
system; and
(3) contains recommendations to achieve full implementation
of such a nationwide system.
(b) Reimbursement Incentive Study and Report.--
(1) Study.--The Secretary of Health and Human Services
shall carry out, or contract with a private entity to carry
out, a study that examines methods to create efficient
reimbursement incentives for improving health care quality in
Federally qualified health centers, rural health clinics, and
free clinics.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the appropriate committees of
jurisdiction of the House of Representatives and the Senate a
report on the study carried out under paragraph (1).
(c) Aging Services Technology Study and Report.--
(1) In general.--The Secretary of Health and Human Services
shall carry out, or contract with a private entity to carry
out, a study of matters relating to the potential use of new
aging services technology to assist seniors, individuals with
disabilities, and their caregivers throughout the aging
process.
(2) Matters to be studied.--The study under paragraph (1)
shall include--
(A) an evaluation of--
(i) methods for identifying current, emerging, and future
health technology that can be used to meet the needs of
seniors and individuals with disabilities and their
caregivers across all aging services settings, as specified
by the Secretary;
(ii) methods for fostering scientific innovation with
respect to aging services technology within the business and
academic communities; and
(iii) developments in aging services technology in other
countries that may be applied in the United States; and
(B) identification of--
(i) barriers to innovation in aging services technology and
devising strategies for removing such barriers; and
(ii) barriers to the adoption of aging services technology
by health care providers and consumers and devising
strategies to removing such barriers.
(3) Report.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of jurisdiction of the House of
Representatives and of the Senate a report on the study
carried out under paragraph (1).
(4) Definitions.--For purposes of this subsection:
(A) Aging services technology.--The term ``aging services
technology'' means health technology that meets the health
care needs of seniors, individuals with disabilities, and the
caregivers of such seniors and individuals.
(B) Senior.--The term ``senior'' has such meaning as
specified by the Secretary.
Subtitle B--Testing of Health Information Technology
SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY
TESTING.
(a) Pilot Testing of Standards and Implementation
Specifications.--In coordination with the HIT Standards
Committee established under section 3003 of the Public Health
Service Act, as added by section 13101, with respect to the
development of standards and implementation specifications
under such section, the Director of the National Institute
for Standards and Technology shall test such standards and
implementation specifications, as appropriate, in order to
assure the efficient implementation and use of such standards
and implementation specifications.
(b) Voluntary Testing Program.--In coordination with the
HIT Standards Committee established under section 3003 of the
Public Health Service Act, as added by section 13101, with
respect to the development of standards and implementation
specifications under such section, the Director of the
National Institute of Standards and Technology shall support
the establishment of a conformance testing infrastructure,
including the development of technical test beds. The
development of this conformance testing infrastructure may
include a program to accredit independent, non-Federal
laboratories to perform testing.
SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Health Care Information Enterprise Integration Research
Centers.--
(1) In general.--The Director of the National Institute of
Standards and Technology, in consultation with the Director
of the National Science Foundation and other appropriate
Federal agencies, shall establish a program of assistance to
institutions of higher education (or
[[Page H1342]]
consortia thereof which may include nonprofit entities and
Federal Government laboratories) to establish
multidisciplinary Centers for Health Care Information
Enterprise Integration.
(2) Review; competition.--Grants shall be awarded under
this subsection on a merit-reviewed, competitive basis.
(3) Purpose.--The purposes of the Centers described in
paragraph (1) shall be--
(A) to generate innovative approaches to health care
information enterprise integration by conducting cutting-
edge, multidisciplinary research on the systems challenges to
health care delivery; and
(B) the development and use of health information
technologies and other complementary fields.
(4) Research areas.--Research areas may include--
(A) interfaces between human information and communications
technology systems;
(B) voice-recognition systems;
(C) software that improves interoperability and
connectivity among health information systems;
(D) software dependability in systems critical to health
care delivery;
(E) measurement of the impact of information technologies
on the quality and productivity of health care;
(F) health information enterprise management;
(G) health information technology security and integrity;
and
(H) relevant health information technology to reduce
medical errors.
(5) Applications.--An institution of higher education (or a
consortium thereof) seeking funding under this subsection
shall submit an application to the Director of the National
Institute of Standards and Technology at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--
(A) the research projects that will be undertaken by the
Center established pursuant to assistance under paragraph (1)
and the respective contributions of the participating
entities;
(B) how the Center will promote active collaboration among
scientists and engineers from different disciplines, such as
information technology, biologic sciences, management, social
sciences, and other appropriate disciplines;
(C) technology transfer activities to demonstrate and
diffuse the research results, technologies, and knowledge;
and
(D) how the Center will contribute to the education and
training of researchers and other professionals in fields
relevant to health information enterprise integration.
(b) National Information Technology Research and
Development Program.--The National High-Performance Computing
Program established by section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) shall include Federal
research and development programs related to health
information technology.
Subtitle C--Grants and Loans Funding
SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PROGRAMS.
Title XXX of the Public Health Service Act, as added by
section 13101, is amended by adding at the end the following
new subtitle:
``Subtitle B--Incentives for the Use of Health Information Technology
``SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE HEALTH
INFORMATION TECHNOLOGY INFRASTRUCTURE.
``(a) In General.--The Secretary shall, using amounts
appropriated under section 3018, invest in the infrastructure
necessary to allow for and promote the electronic exchange
and use of health information for each individual in the
United States consistent with the goals outlined in the
strategic plan developed by the National Coordinator (and as
available) under section 3001. The Secretary shall invest
funds through the different agencies with expertise in such
goals, such as the Office of the National Coordinator for
Health Information Technology, the Health Resources and
Services Administration, the Agency for Healthcare Research
and Quality, the Centers of Medicare & Medicaid Services, the
Centers for Disease Control and Prevention, and the Indian
Health Service to support the following:
``(1) Health information technology architecture that will
support the nationwide electronic exchange and use of health
information in a secure, private, and accurate manner,
including connecting health information exchanges, and which
may include updating and implementing the infrastructure
necessary within different agencies of the Department of
Health and Human Services to support the electronic use and
exchange of health information.
``(2) Development and adoption of appropriate certified
electronic health records for categories of health care
providers not eligible for support under title XVIII or XIX
of the Social Security Act for the adoption of such records.
``(3) Training on and dissemination of information on best
practices to integrate health information technology,
including electronic health records, into a provider's
delivery of care, consistent with best practices learned from
the Health Information Technology Research Center developed
under section 3012(b), including community health centers
receiving assistance under section 330, covered entities
under section 340B, and providers participating in one or
more of the programs under titles XVIII, XIX, and XXI of the
Social Security Act (relating to Medicare, Medicaid, and the
State Children's Health Insurance Program).
``(4) Infrastructure and tools for the promotion of
telemedicine, including coordination among Federal agencies
in the promotion of telemedicine.
``(5) Promotion of the interoperability of clinical data
repositories or registries.
``(6) Promotion of technologies and best practices that
enhance the protection of health information by all holders
of individually identifiable health information.
``(7) Improvement and expansion of the use of health
information technology by public health departments.
``(b) Coordination.--The Secretary shall ensure funds under
this section are used in a coordinated manner with other
health information promotion activities.
``(c) Additional Use of Funds.--In addition to using funds
as provided in subsection (a), the Secretary may use amounts
appropriated under section 3018 to carry out health
information technology activities that are provided for under
laws in effect on the date of the enactment of this title.
``(d) Standards for Acquisition of Health Information
Technology.--To the greatest extent practicable, the
Secretary shall ensure that where funds are expended under
this section for the acquisition of health information
technology, such funds shall be used to acquire health
information technology that meets applicable standards
adopted under section 3004. Where it is not practicable to
expend funds on health information technology that meets such
applicable standards, the Secretary shall ensure that such
health information technology meets applicable standards
otherwise adopted by the Secretary.
``SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION
ASSISTANCE.
``(a) Health Information Technology Extension Program.--To
assist health care providers to adopt, implement, and
effectively use certified EHR technology that allows for the
electronic exchange and use of health information, the
Secretary, acting through the Office of the National
Coordinator, shall establish a health information technology
extension program to provide health information technology
assistance services to be carried out through the Department
of Health and Human Services. The National Coordinator shall
consult with other Federal agencies with demonstrated
experience and expertise in information technology services,
such as the National Institute of Standards and Technology,
in developing and implementing this program.
``(b) Health Information Technology Research Center.--
``(1) In general.--The Secretary shall create a Health
Information Technology Research Center (in this section
referred to as the `Center') to provide technical assistance
and develop or recognize best practices to support and
accelerate efforts to adopt, implement, and effectively
utilize health information technology that allows for the
electronic exchange and use of information in compliance with
standards, implementation specifications, and certification
criteria adopted under section 3004.
``(2) Input.--The Center shall incorporate input from--
``(A) other Federal agencies with demonstrated experience
and expertise in information technology services such as the
National Institute of Standards and Technology;
``(B) users of health information technology, such as
providers and their support and clerical staff and others
involved in the care and care coordination of patients, from
the health care and health information technology industry;
and
``(C) others as appropriate.
``(3) Purposes.--The purposes of the Center are to--
``(A) provide a forum for the exchange of knowledge and
experience;
``(B) accelerate the transfer of lessons learned from
existing public and private sector initiatives, including
those currently receiving Federal financial support;
``(C) assemble, analyze, and widely disseminate evidence
and experience related to the adoption, implementation, and
effective use of health information technology that allows
for the electronic exchange and use of information including
through the regional centers described in subsection (c);
``(D) provide technical assistance for the establishment
and evaluation of regional and local health information
networks to facilitate the electronic exchange of information
across health care settings and improve the quality of health
care;
``(E) provide technical assistance for the development and
dissemination of solutions to barriers to the exchange of
electronic health information; and
``(F) learn about effective strategies to adopt and utilize
health information technology in medically underserved
communities.
``(c) Health Information Technology Regional Extension
Centers.--
``(1) In general.--The Secretary shall provide assistance
for the creation and support of regional centers (in this
subsection referred to as `regional centers') to provide
technical assistance and disseminate best practices and other
information learned from the Center to support and accelerate
efforts to adopt, implement, and effectively utilize health
information technology that allows for the electronic
exchange and use of information in compliance with standards,
implementation specifications, and certification criteria
adopted under section 3004. Activities conducted under this
subsection shall be consistent with the strategic plan
developed by the National Coordinator, (and, as available)
under section 3001.
``(2) Affiliation.--Regional centers shall be affiliated
with any United States-based nonprofit institution or
organization, or group thereof, that applies and is awarded
financial assistance under this section. Individual awards
shall be decided on the basis of merit.
[[Page H1343]]
``(3) Objective.--The objective of the regional centers is
to enhance and promote the adoption of health information
technology through--
``(A) assistance with the implementation, effective use,
upgrading, and ongoing maintenance of health information
technology, including electronic health records, to
healthcare providers nationwide;
``(B) broad participation of individuals from industry,
universities, and State governments;
``(C) active dissemination of best practices and research
on the implementation, effective use, upgrading, and ongoing
maintenance of health information technology, including
electronic health records, to health care providers in order
to improve the quality of healthcare and protect the privacy
and security of health information;
``(D) participation, to the extent practicable, in health
information exchanges;
``(E) utilization, when appropriate, of the expertise and
capability that exists in Federal agencies other than the
Department; and
``(F) integration of health information technology,
including electronic health records, into the initial and
ongoing training of health professionals and others in the
healthcare industry that would be instrumental to improving
the quality of healthcare through the smooth and accurate
electronic use and exchange of health information.
``(4) Regional assistance.--Each regional center shall aim
to provide assistance and education to all providers in a
region, but shall prioritize any direct assistance first to
the following:
``(A) Public or not-for-profit hospitals or critical access
hospitals.
``(B) Federally qualified health centers (as defined in
section 1861(aa)(4) of the Social Security Act).
``(C) Entities that are located in rural and other areas
that serve uninsured, underinsured, and medically underserved
individuals (regardless of whether such area is urban or
rural).
``(D) Individual or small group practices (or a consortium
thereof) that are primarily focused on primary care.
``(5) Financial support.--The Secretary may provide
financial support to any regional center created under this
subsection for a period not to exceed four years. The
Secretary may not provide more than 50 percent of the capital
and annual operating and maintenance funds required to create
and maintain such a center, except in an instance of national
economic conditions which would render this cost-share
requirement detrimental to the program and upon notification
to Congress as to the justification to waive the cost-share
requirement.
``(6) Notice of program description and availability of
funds.--The Secretary shall publish in the Federal Register,
not later than 90 days after the date of the enactment of
this title, a draft description of the program for
establishing regional centers under this subsection. Such
description shall include the following:
``(A) A detailed explanation of the program and the
programs goals.
``(B) Procedures to be followed by the applicants.
``(C) Criteria for determining qualified applicants.
``(D) Maximum support levels expected to be available to
centers under the program.
``(7) Application review.--The Secretary shall subject each
application under this subsection to merit review. In making
a decision whether to approve such application and provide
financial support, the Secretary shall consider at a minimum
the merits of the application, including those portions of
the application regarding--
``(A) the ability of the applicant to provide assistance
under this subsection and utilization of health information
technology appropriate to the needs of particular categories
of health care providers;
``(B) the types of service to be provided to health care
providers;
``(C) geographical diversity and extent of service area;
and
``(D) the percentage of funding and amount of in-kind
commitment from other sources.
``(8) Biennial evaluation.--Each regional center which
receives financial assistance under this subsection shall be
evaluated biennially by an evaluation panel appointed by the
Secretary. Each evaluation panel shall be composed of private
experts, none of whom shall be connected with the center
involved, and of Federal officials. Each evaluation panel
shall measure the involved center's performance against the
objective specified in paragraph (3). The Secretary shall not
continue to provide funding to a regional center unless its
evaluation is overall positive.
``(9) Continuing support.--After the second year of
assistance under this subsection, a regional center may
receive additional support under this subsection if it has
received positive evaluations and a finding by the Secretary
that continuation of Federal funding to the center was in the
best interest of provision of health information technology
extension services.
``SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFORMATION
TECHNOLOGY.
``(a) In General.--The Secretary, acting through the
National Coordinator, shall establish a program in accordance
with this section to facilitate and expand the electronic
movement and use of health information among organizations
according to nationally recognized standards.
``(b) Planning Grants.--The Secretary may award a grant to
a State or qualified State-designated entity (as described in
subsection (f)) that submits an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may specify, for the purpose of planning
activities described in subsection (d).
``(c) Implementation Grants.--The Secretary may award a
grant to a State or qualified State designated entity that--
``(1) has submitted, and the Secretary has approved, a plan
described in subsection (e) (regardless of whether such plan
was prepared using amounts awarded under subsection (b); and
``(2) submits an application at such time, in such manner,
and containing such information as the Secretary may specify.
``(d) Use of Funds.--Amounts received under a grant under
subsection (c) shall be used to conduct activities to
facilitate and expand the electronic movement and use of
health information among organizations according to
nationally recognized standards through activities that
include--
``(1) enhancing broad and varied participation in the
authorized and secure nationwide electronic use and exchange
of health information;
``(2) identifying State or local resources available
towards a nationwide effort to promote health information
technology;
``(3) complementing other Federal grants, programs, and
efforts towards the promotion of health information
technology;
``(4) providing technical assistance for the development
and dissemination of solutions to barriers to the exchange of
electronic health information;
``(5) promoting effective strategies to adopt and utilize
health information technology in medically underserved
communities;
``(6) assisting patients in utilizing health information
technology;
``(7) encouraging clinicians to work with Health
Information Technology Regional Extension Centers as
described in section 3012, to the extent they are available
and valuable;
``(8) supporting public health agencies' authorized use of
and access to electronic health information;
``(9) promoting the use of electronic health records for
quality improvement including through quality measures
reporting; and
``(10) such other activities as the Secretary may specify.
``(e) Plan.--
``(1) In general.--A plan described in this subsection is a
plan that describes the activities to be carried out by a
State or by the qualified State-designated entity within such
State to facilitate and expand the electronic movement and
use of health information among organizations according to
nationally recognized standards and implementation
specifications.
``(2) Required elements.--A plan described in paragraph (1)
shall--
``(A) be pursued in the public interest;
``(B) be consistent with the strategic plan developed by
the National Coordinator, (and, as available) under section
3001;
``(C) include a description of the ways the State or
qualified State-designated entity will carry out the
activities described in subsection (b); and
``(D) contain such elements as the Secretary may require.
``(f) Qualified State-Designated Entity.--For purposes of
this section, to be a qualified State-designated entity, with
respect to a State, an entity shall--
``(1) be designated by the State as eligible to receive
awards under this section;
``(2) be a not-for-profit entity with broad stakeholder
representation on its governing board;
``(3) demonstrate that one of its principal goals is to use
information technology to improve health care quality and
efficiency through the authorized and secure electronic
exchange and use of health information;
``(4) adopt nondiscrimination and conflict of interest
policies that demonstrate a commitment to open, fair, and
nondiscriminatory participation by stakeholders; and
``(5) conform to such other requirements as the Secretary
may establish.
``(g) Required Consultation.--In carrying out activities
described in subsections (b) and (c), a State or qualified
State-designated entity shall consult with and consider the
recommendations of--
``(1) health care providers (including providers that
provide services to low income and underserved populations);
``(2) health plans;
``(3) patient or consumer organizations that represent the
population to be served;
``(4) health information technology vendors;
``(5) health care purchasers and employers;
``(6) public health agencies;
``(7) health professions schools, universities and
colleges;
``(8) clinical researchers;
``(9) other users of health information technology such as
the support and clerical staff of providers and others
involved in the care and care coordination of patients; and
``(10) such other entities, as may be determined
appropriate by the Secretary.
``(h) Continuous Improvement.--The Secretary shall annually
evaluate the activities conducted under this section and
shall, in awarding grants under this section, implement the
lessons learned from such evaluation in a manner so that
awards made subsequent to each such evaluation are made in a
manner that, in the determination of the Secretary, will lead
towards the greatest improvement in quality of care, decrease
in costs, and the most effective authorized and secure
electronic exchange of health information.
``(i) Required Match.--
``(1) In general.--For a fiscal year (beginning with fiscal
year 2011), the Secretary may not make a grant under this
section to a State unless the State agrees to make available
non-Federal contributions (which may include in-kind
contributions) toward the costs of a grant
[[Page H1344]]
awarded under subsection (c) in an amount equal to--
``(A) for fiscal year 2011, not less than $1 for each $10
of Federal funds provided under the grant;
``(B) for fiscal year 2012, not less than $1 for each $7 of
Federal funds provided under the grant; and
``(C) for fiscal year 2013 and each subsequent fiscal year,
not less than $1 for each $3 of Federal funds provided under
the grant.
``(2) Authority to require state match for fiscal years
before fiscal year 2011.--For any fiscal year during the
grant program under this section before fiscal year 2011, the
Secretary may determine the extent to which there shall be
required a non-Federal contribution from a State receiving a
grant under this section.
``SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN TRIBES
FOR THE DEVELOPMENT OF LOAN PROGRAMS TO
FACILITATE THE WIDESPREAD ADOPTION OF CERTIFIED
EHR TECHNOLOGY.
``(a) In General.--The National Coordinator may award
competitive grants to eligible entities for the establishment
of programs for loans to health care providers to conduct the
activities described in subsection (e).
``(b) Eligible Entity Defined.--For purposes of this
subsection, the term `eligible entity' means a State or
Indian tribe (as defined in the Indian Self-Determination and
Education Assistance Act) that--
``(1) submits to the National Coordinator an application at
such time, in such manner, and containing such information as
the National Coordinator may require;
``(2) submits to the National Coordinator a strategic plan
in accordance with subsection (d) and provides to the
National Coordinator assurances that the entity will update
such plan annually in accordance with such subsection;
``(3) provides assurances to the National Coordinator that
the entity will establish a Loan Fund in accordance with
subsection (c);
``(4) provides assurances to the National Coordinator that
the entity will not provide a loan from the Loan Fund to a
health care provider unless the provider agrees to--
``(A) submit reports on quality measures adopted by the
Federal Government (by not later than 90 days after the date
on which such measures are adopted), to--
``(i) the Administrator of the Centers for Medicare &
Medicaid Services (or his or her designee), in the case of an
entity participating in the Medicare program under title
XVIII of the Social Security Act or the Medicaid program
under title XIX of such Act; or
``(ii) the Secretary in the case of other entities;
``(B) demonstrate to the satisfaction of the Secretary
(through criteria established by the Secretary) that any
certified EHR technology purchased, improved, or otherwise
financially supported under a loan under this section is used
to exchange health information in a manner that, in
accordance with law and standards (as adopted under section
3004) applicable to the exchange of information, improves the
quality of health care, such as promoting care coordination;
and
``(C) comply with such other requirements as the entity or
the Secretary may require;
``(D) include a plan on how health care providers involved
intend to maintain and support the certified EHR technology
over time;
``(E) include a plan on how the health care providers
involved intend to maintain and support the certified EHR
technology that would be purchased with such loan, including
the type of resources expected to be involved and any such
other information as the State or Indian Tribe, respectively,
may require; and
``(5) agrees to provide matching funds in accordance with
subsection (h).
``(c) Establishment of Fund.--For purposes of subsection
(b)(3), an eligible entity shall establish a certified EHR
technology loan fund (referred to in this subsection as a
`Loan Fund') and comply with the other requirements contained
in this section. A grant to an eligible entity under this
section shall be deposited in the Loan Fund established by
the eligible entity. No funds authorized by other provisions
of this title to be used for other purposes specified in this
title shall be deposited in any Loan Fund.
``(d) Strategic Plan.--
``(1) In general.--For purposes of subsection (b)(2), a
strategic plan of an eligible entity under this subsection
shall identify the intended uses of amounts available to the
Loan Fund of such entity.
``(2) Contents.--A strategic plan under paragraph (1), with
respect to a Loan Fund of an eligible entity, shall include
for a year the following:
``(A) A list of the projects to be assisted through the
Loan Fund during such year.
``(B) A description of the criteria and methods established
for the distribution of funds from the Loan Fund during the
year.
``(C) A description of the financial status of the Loan
Fund as of the date of submission of the plan.
``(D) The short-term and long-term goals of the Loan Fund.
``(e) Use of Funds.--Amounts deposited in a Loan Fund,
including loan repayments and interest earned on such
amounts, shall be used only for awarding loans or loan
guarantees, making reimbursements described in subsection
(g)(4)(A), or as a source of reserve and security for
leveraged loans, the proceeds of which are deposited in the
Loan Fund established under subsection (c). Loans under this
section may be used by a health care provider to--
``(1) facilitate the purchase of certified EHR technology;
``(2) enhance the utilization of certified EHR technology
(which may include costs associated with upgrading health
information technology so that it meets criteria necessary to
be a certified EHR technology);
``(3) train personnel in the use of such technology; or
``(4) improve the secure electronic exchange of health
information.
``(f) Types of Assistance.--Except as otherwise limited by
applicable State law, amounts deposited into a Loan Fund
under this section may only be used for the following:
``(1) To award loans that comply with the following:
``(A) The interest rate for each loan shall not exceed the
market interest rate.
``(B) The principal and interest payments on each loan
shall commence not later than 1 year after the date the loan
was awarded, and each loan shall be fully amortized not later
than 10 years after the date of the loan.
``(C) The Loan Fund shall be credited with all payments of
principal and interest on each loan awarded from the Loan
Fund.
``(2) To guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for assistance under this subsection) if the
guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation
involved.
``(3) As a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the eligible entity if the proceeds of the sale of
the bonds will be deposited into the Loan Fund.
``(4) To earn interest on the amounts deposited into the
Loan Fund.
``(5) To make reimbursements described in subsection
(g)(4)(A).
``(g) Administration of Loan Funds.--
``(1) Combined financial administration.--An eligible
entity may (as a convenience and to avoid unnecessary
administrative costs) combine, in accordance with applicable
State law, the financial administration of a Loan Fund
established under this subsection with the financial
administration of any other revolving fund established by the
entity if otherwise not prohibited by the law under which the
Loan Fund was established.
``(2) Cost of administering fund.--Each eligible entity may
annually use not to exceed 4 percent of the funds provided to
the entity under a grant under this section to pay the
reasonable costs of the administration of the programs under
this section, including the recovery of reasonable costs
expended to establish a Loan Fund which are incurred after
the date of the enactment of this title.
``(3) Guidance and regulations.--The National Coordinator
shall publish guidance and promulgate regulations as may be
necessary to carry out the provisions of this section,
including--
``(A) provisions to ensure that each eligible entity
commits and expends funds allotted to the entity under this
section as efficiently as possible in accordance with this
title and applicable State laws; and
``(B) guidance to prevent waste, fraud, and abuse.
``(4) Private sector contributions.--
``(A) In general.--A Loan Fund established under this
section may accept contributions from private sector
entities, except that such entities may not specify the
recipient or recipients of any loan issued under this
subsection. An eligible entity may agree to reimburse a
private sector entity for any contribution made under this
subparagraph, except that the amount of such reimbursement
may not be greater than the principal amount of the
contribution made.
``(B) Availability of information.--An eligible entity
shall make publicly available the identity of, and amount
contributed by, any private sector entity under subparagraph
(A) and may issue letters of commendation or make other
awards (that have no financial value) to any such entity.
``(h) Matching Requirements.--
``(1) In general.--The National Coordinator may not make a
grant under subsection (a) to an eligible entity unless the
entity agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions in cash to the costs of carrying out the
activities for which the grant is awarded in an amount equal
to not less than $1 for each $5 of Federal funds provided
under the grant.
``(2) Determination of amount of non-federal
contribution.--In determining the amount of non-Federal
contributions that an eligible entity has provided pursuant
to subparagraph (A), the National Coordinator may not include
any amounts provided to the entity by the Federal Government.
``(i) Effective Date.--The Secretary may not make an award
under this section prior to January 1, 2010.
``SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION
TECHNOLOGY INTO CLINICAL EDUCATION.
``(a) In General.--The Secretary may award grants under
this section to carry out demonstration projects to develop
academic curricula integrating certified EHR technology in
the clinical education of health professionals. Such awards
shall be made on a competitive basis and pursuant to peer
review.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
``(2) submit to the Secretary a strategic plan for
integrating certified EHR technology in the clinical
education of health professionals to reduce medical errors,
increase access to prevention, reduce chronic diseases, and
enhance health care quality;
``(3) be--
[[Page H1345]]
``(A) a school of medicine, osteopathic medicine,
dentistry, or pharmacy, a graduate program in behavioral or
mental health, or any other graduate health professions
school;
``(B) a graduate school of nursing or physician assistant
studies;
``(C) a consortium of two or more schools described in
subparagraph (A) or (B); or
``(D) an institution with a graduate medical education
program in medicine, osteopathic medicine, dentistry,
pharmacy, nursing, or physician assistance studies;
``(4) provide for the collection of data regarding the
effectiveness of the demonstration project to be funded under
the grant in improving the safety of patients, the efficiency
of health care delivery, and in increasing the likelihood
that graduates of the grantee will adopt and incorporate
certified EHR technology, in the delivery of health care
services; and
``(5) provide matching funds in accordance with subsection
(d).
``(c) Use of Funds.--
``(1) In general.--With respect to a grant under subsection
(a), an eligible entity shall--
``(A) use grant funds in collaboration with 2 or more
disciplines; and
``(B) use grant funds to integrate certified EHR technology
into community-based clinical education.
``(2) Limitation.--An eligible entity shall not use amounts
received under a grant under subsection (a) to purchase
hardware, software, or services.
``(d) Financial Support.--The Secretary may not provide
more than 50 percent of the costs of any activity for which
assistance is provided under subsection (a), except in an
instance of national economic conditions which would render
the cost-share requirement under this subsection detrimental
to the program and upon notification to Congress as to the
justification to waive the cost-share requirement.
``(e) Evaluation.--The Secretary shall take such action as
may be necessary to evaluate the projects funded under this
section and publish, make available, and disseminate the
results of such evaluations on as wide a basis as is
practicable.
``(f) Reports.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives a report that--
``(1) describes the specific projects established under
this section; and
``(2) contains recommendations for Congress based on the
evaluation conducted under subsection (e).
``SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS IN HEALTH
CARE.
``(a) In General.--The Secretary, in consultation with the
Director of the National Science Foundation, shall provide
assistance to institutions of higher education (or consortia
thereof) to establish or expand medical health informatics
education programs, including certification, undergraduate,
and masters degree programs, for both health care and
information technology students to ensure the rapid and
effective utilization and development of health information
technologies (in the United States health care
infrastructure).
``(b) Activities.--Activities for which assistance may be
provided under subsection (a) may include the following:
``(1) Developing and revising curricula in medical health
informatics and related disciplines.
``(2) Recruiting and retaining students to the program
involved.
``(3) Acquiring equipment necessary for student instruction
in these programs, including the installation of testbed
networks for student use.
``(4) Establishing or enhancing bridge programs in the
health informatics fields between community colleges and
universities.
``(c) Priority.--In providing assistance under subsection
(a), the Secretary shall give preference to the following:
``(1) Existing education and training programs.
``(2) Programs designed to be completed in less than six
months.
``SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS.
``(a) Reports.--The Secretary may require that an entity
receiving assistance under this subtitle shall submit to the
Secretary, not later than the date that is 1 year after the
date of receipt of such assistance, a report that includes--
``(1) an analysis of the effectiveness of the activities
for which the entity receives such assistance, as compared to
the goals for such activities; and
``(2) an analysis of the impact of the project on health
care quality and safety.
``(b) Requirement to Improve Quality of Care and Decrease
in Costs.--The National Coordinator shall annually evaluate
the activities conducted under this subtitle and shall, in
awarding grants, implement the lessons learned from such
evaluation in a manner so that awards made subsequent to each
such evaluation are made in a manner that, in the
determination of the National Coordinator, will result in the
greatest improvement in the quality and efficiency of health
care.
``SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS.
``For the purposes of carrying out this subtitle, there is
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2009 through 2013.''.
Subtitle D--Privacy
SEC. 13400. DEFINITIONS.
In this subtitle, except as specified otherwise:
(1) Breach.--
(A) In general.--The term ``breach'' means the unauthorized
acquisition, access, use, or disclosure of protected health
information which compromises the security or privacy of such
information, except where an unauthorized person to whom such
information is disclosed would not reasonably have been able
to retain such information.
(B) Exceptions.--The term ``breach'' does not include--
(i) any unintentional acquisition, access, or use of
protected health information by an employee or individual
acting under the authority of a covered entity or business
associate if--
(I) such acquisition, access, or use was made in good faith
and within the course and scope of the employment or other
professional relationship of such employee or individual,
respectively, with the covered entity or business associate;
and
(II) such information is not further acquired, accessed,
used, or disclosed by any person; or
(ii) any inadvertent disclosure from an individual who is
otherwise authorized to access protected health information
at a facility operated by a covered entity or business
associate to another similarly situated individual at same
facility; and
(iii) any such information received as a result of such
disclosure is not further acquired, accessed, used, or
disclosed without authorization by any person.
(2) Business associate.--The term ``business associate''
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations.
(3) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations.
(4) Disclose.--The terms ``disclose'' and ``disclosure''
have the meaning given the term ``disclosure'' in section
160.103 of title 45, Code of Federal Regulations.
(5) Electronic health record.--The term ``electronic health
record'' means an electronic record of health-related
information on an individual that is created, gathered,
managed, and consulted by authorized health care clinicians
and staff.
(6) Health care operations.--The term ``health care
operation'' has the meaning given such term in section
164.501 of title 45, Code of Federal Regulations.
(7) Health care provider.--The term ``health care
provider'' has the meaning given such term in section 160.103
of title 45, Code of Federal Regulations.
(8) Health plan.--The term ``health plan'' has the meaning
given such term in section 160.103 of title 45, Code of
Federal Regulations.
(9) National coordinator.--The term ``National
Coordinator'' means the head of the Office of the National
Coordinator for Health Information Technology established
under section 3001(a) of the Public Health Service Act, as
added by section 13101.
(10) Payment.--The term ``payment'' has the meaning given
such term in section 164.501 of title 45, Code of Federal
Regulations.
(11) Personal health record.--The term ``personal health
record'' means an electronic record of PHR identifiable
health information (as defined in section 13407(f)(2)) on an
individual that can be drawn from multiple sources and that
is managed, shared, and controlled by or primarily for the
individual.
(12) Protected health information.--The term ``protected
health information'' has the meaning given such term in
section 160.103 of title 45, Code of Federal Regulations.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(14) Security.--The term ``security'' has the meaning given
such term in section 164.304 of title 45, Code of Federal
Regulations.
(15) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
(16) Treatment.--The term ``treatment'' has the meaning
given such term in section 164.501 of title 45, Code of
Federal Regulations.
(17) Use.--The term ``use'' has the meaning given such term
in section 160.103 of title 45, Code of Federal Regulations.
(18) Vendor of personal health records.--The term ``vendor
of personal health records'' means an entity, other than a
covered entity (as defined in paragraph (3)), that offers or
maintains a personal health record.
PART 1--IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS
SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES
TO BUSINESS ASSOCIATES OF COVERED ENTITIES;
ANNUAL GUIDANCE ON SECURITY PROVISIONS.
(a) Application of Security Provisions.--Sections 164.308,
164.310, 164.312, and 164.316 of title 45, Code of Federal
Regulations, shall apply to a business associate of a covered
entity in the same manner that such sections apply to the
covered entity. The additional requirements of this title
that relate to security and that are made applicable with
respect to covered entities shall also be applicable to such
a business associate and shall be incorporated into the
business associate agreement between the business associate
and the covered entity.
(b) Application of Civil and Criminal Penalties.--In the
case of a business associate that violates any security
provision specified in subsection (a), sections 1176 and 1177
of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6) shall
apply to the business associate with respect to such
violation in the same manner such sections apply to a covered
entity that violates such security provision.
(c) Annual Guidance.--For the first year beginning after
the date of the enactment of this Act and annually
thereafter, the Secretary of Health and Human Services shall,
after consultation with stakeholders, annually issue guidance
on the most effective and appropriate
[[Page H1346]]
technical safeguards for use in carrying out the sections
referred to in subsection (a) and the security standards in
subpart C of part 164 of title 45, Code of Federal
Regulations, including the use of standards developed under
section 3002(b)(2)(B)(vi) of the Public Health Service Act,
as added by section 13101 of this Act, as such provisions are
in effect as of the date before the enactment of this Act.
SEC. 13402. NOTIFICATION IN THE CASE OF BREACH.
(a) In General.--A covered entity that accesses, maintains,
retains, modifies, records, stores, destroys, or otherwise
holds, uses, or discloses unsecured protected health
information (as defined in subsection (h)(1)) shall, in the
case of a breach of such information that is discovered by
the covered entity, notify each individual whose unsecured
protected health information has been, or is reasonably
believed by the covered entity to have been, accessed,
acquired, or disclosed as a result of such breach.
(b) Notification of Covered Entity by Business Associate.--
A business associate of a covered entity that accesses,
maintains, retains, modifies, records, stores, destroys, or
otherwise holds, uses, or discloses unsecured protected
health information shall, following the discovery of a breach
of such information, notify the covered entity of such
breach. Such notice shall include the identification of each
individual whose unsecured protected health information has
been, or is reasonably believed by the business associate to
have been, accessed, acquired, or disclosed during such
breach.
(c) Breaches Treated as Discovered.--For purposes of this
section, a breach shall be treated as discovered by a covered
entity or by a business associate as of the first day on
which such breach is known to such entity or associate,
respectively, (including any person, other than the
individual committing the breach, that is an employee,
officer, or other agent of such entity or associate,
respectively) or should reasonably have been known to such
entity or associate (or person) to have occurred.
(d) Timeliness of Notification.--
(1) In general.--Subject to subsection (g), all
notifications required under this section shall be made
without unreasonable delay and in no case later than 60
calendar days after the discovery of a breach by the covered
entity involved (or business associate involved in the case
of a notification required under subsection (b)).
(2) Burden of proof.--The covered entity involved (or
business associate involved in the case of a notification
required under subsection (b)), shall have the burden of
demonstrating that all notifications were made as required
under this part, including evidence demonstrating the
necessity of any delay.
(e) Methods of Notice.--
(1) Individual notice.--Notice required under this section
to be provided to an individual, with respect to a breach,
shall be provided promptly and in the following form:
(A) Written notification by first-class mail to the
individual (or the next of kin of the individual if the
individual is deceased) at the last known address of the
individual or the next of kin, respectively, or, if specified
as a preference by the individual, by electronic mail. The
notification may be provided in one or more mailings as
information is available.
(B) In the case in which there is insufficient, or out-of-
date contact information (including a phone number, email
address, or any other form of appropriate communication) that
precludes direct written (or, if specified by the individual
under subparagraph (A), electronic) notification to the
individual, a substitute form of notice shall be provided,
including, in the case that there are 10 or more individuals
for which there is insufficient or out-of-date contact
information, a conspicuous posting for a period determined by
the Secretary on the home page of the Web site of the covered
entity involved or notice in major print or broadcast media,
including major media in geographic areas where the
individuals affected by the breach likely reside. Such a
notice in media or web posting will include a toll-free phone
number where an individual can learn whether or not the
individual's unsecured protected health information is
possibly included in the breach.
(C) In any case deemed by the covered entity involved to
require urgency because of possible imminent misuse of
unsecured protected health information, the covered entity,
in addition to notice provided under subparagraph (A), may
provide information to individuals by telephone or other
means, as appropriate.
(2) Media notice.--Notice shall be provided to prominent
media outlets serving a State or jurisdiction, following the
discovery of a breach described in subsection (a), if the
unsecured protected health information of more than 500
residents of such State or jurisdiction is, or is reasonably
believed to have been, accessed, acquired, or disclosed
during such breach.
(3) Notice to secretary.--Notice shall be provided to the
Secretary by covered entities of unsecured protected health
information that has been acquired or disclosed in a breach.
If the breach was with respect to 500 or more individuals
than such notice must be provided immediately. If the breach
was with respect to less than 500 individuals, the covered
entity may maintain a log of any such breach occurring and
annually submit such a log to the Secretary documenting such
breaches occurring during the year involved.
(4) Posting on hhs public website.--The Secretary shall
make available to the public on the Internet website of the
Department of Health and Human Services a list that
identifies each covered entity involved in a breach described
in subsection (a) in which the unsecured protected health
information of more than 500 individuals is acquired or
disclosed.
(f) Content of Notification.--Regardless of the method by
which notice is provided to individuals under this section,
notice of a breach shall include, to the extent possible, the
following:
(1) A brief description of what happened, including the
date of the breach and the date of the discovery of the
breach, if known.
(2) A description of the types of unsecured protected
health information that were involved in the breach (such as
full name, Social Security number, date of birth, home
address, account number, or disability code).
(3) The steps individuals should take to protect themselves
from potential harm resulting from the breach.
(4) A brief description of what the covered entity involved
is doing to investigate the breach, to mitigate losses, and
to protect against any further breaches.
(5) Contact procedures for individuals to ask questions or
learn additional information, which shall include a toll-free
telephone number, an e-mail address, Web site, or postal
address.
(g) Delay of Notification Authorized for Law Enforcement
Purposes.--If a law enforcement official determines that a
notification, notice, or posting required under this section
would impede a criminal investigation or cause damage to
national security, such notification, notice, or posting
shall be delayed in the same manner as provided under section
164.528(a)(2) of title 45, Code of Federal Regulations, in
the case of a disclosure covered under such section.
(h) Unsecured Protected Health Information.--
(1) Definition.--
(A) In general.--Subject to subparagraph (B), for purposes
of this section, the term ``unsecured protected health
information'' means protected health information that is not
secured through the use of a technology or methodology
specified by the Secretary in the guidance issued under
paragraph (2).
(B) Exception in case timely guidance not issued.--In the
case that the Secretary does not issue guidance under
paragraph (2) by the date specified in such paragraph, for
purposes of this section, the term ``unsecured protected
health information'' shall mean protected health information
that is not secured by a technology standard that renders
protected health information unusable, unreadable, or
indecipherable to unauthorized individuals and is developed
or endorsed by a standards developing organization that is
accredited by the American National Standards Institute.
(2) Guidance.--For purposes of paragraph (1) and section
13407(f)(3), not later than the date that is 60 days after
the date of the enactment of this Act, the Secretary shall,
after consultation with stakeholders, issue (and annually
update) guidance specifying the technologies and
methodologies that render protected health information
unusable, unreadable, or indecipherable to unauthorized
individuals, including the use of standards developed under
section 3002(b)(2)(B)(vi) of the Public Health Service Act,
as added by section 13101 of this Act.
(i) Report to Congress on Breaches.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act and annually thereafter, the
Secretary shall prepare and submit to the Committee on
Finance and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives a report containing the information described
in paragraph (2) regarding breaches for which notice was
provided to the Secretary under subsection (e)(3).
(2) Information.--The information described in this
paragraph regarding breaches specified in paragraph (1) shall
include--
(A) the number and nature of such breaches; and
(B) actions taken in response to such breaches.
(j) Regulations; Effective Date.--To carry out this
section, the Secretary of Health and Human Services shall
promulgate interim final regulations by not later than the
date that is 180 days after the date of the enactment of this
title. The provisions of this section shall apply to breaches
that are discovered on or after the date that is 30 days
after the date of publication of such interim final
regulations.
SEC. 13403. EDUCATION ON HEALTH INFORMATION PRIVACY.
(a) Regional Office Privacy Advisors.--Not later than 6
months after the date of the enactment of this Act, the
Secretary shall designate an individual in each regional
office of the Department of Health and Human Services to
offer guidance and education to covered entities, business
associates, and individuals on their rights and
responsibilities related to Federal privacy and security
requirements for protected health information.
(b) Education Initiative on Uses of Health Information.--
Not later than 12 months after the date of the enactment of
this Act, the Office for Civil Rights within the Department
of Health and Human Services shall develop and maintain a
multi-faceted national education initiative to enhance public
transparency regarding the uses of protected health
information, including programs to educate individuals about
the potential uses of their protected health information, the
effects of such uses, and the rights of individuals with
respect to such uses. Such programs shall be conducted in a
variety of languages and present information in a clear and
understandable manner.
SEC. 13404. APPLICATION OF PRIVACY PROVISIONS AND PENALTIES
TO BUSINESS ASSOCIATES OF COVERED ENTITIES.
(a) Application of Contract Requirements.--In the case of a
business associate of a covered entity that obtains or
creates protected health information pursuant to a written
contract (or other written arrangement) described
[[Page H1347]]
in section 164.502(e)(2) of title 45, Code of Federal
Regulations, with such covered entity, the business associate
may use and disclose such protected health information only
if such use or disclosure, respectively, is in compliance
with each applicable requirement of section 164.504(e) of
such title. The additional requirements of this subtitle that
relate to privacy and that are made applicable with respect
to covered entities shall also be applicable to such a
business associate and shall be incorporated into the
business associate agreement between the business associate
and the covered entity.
(b) Application of Knowledge Elements Associated With
Contracts.--Section 164.504(e)(1)(ii) of title 45, Code of
Federal Regulations, shall apply to a business associate
described in subsection (a), with respect to compliance with
such subsection, in the same manner that such section applies
to a covered entity, with respect to compliance with the
standards in sections 164.502(e) and 164.504(e) of such
title, except that in applying such section 164.504(e)(1)(ii)
each reference to the business associate, with respect to a
contract, shall be treated as a reference to the covered
entity involved in such contract.
(c) Application of Civil and Criminal Penalties.--In the
case of a business associate that violates any provision of
subsection (a) or (b), the provisions of sections 1176 and
1177 of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6)
shall apply to the business associate with respect to such
violation in the same manner as such provisions apply to a
person who violates a provision of part C of title XI of such
Act.
SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND SALES OF
HEALTH INFORMATION; ACCOUNTING OF CERTAIN
PROTECTED HEALTH INFORMATION DISCLOSURES;
ACCESS TO CERTAIN INFORMATION IN ELECTRONIC
FORMAT.
(a) Requested Restrictions on Certain Disclosures of Health
Information.--In the case that an individual requests under
paragraph (a)(1)(i)(A) of section 164.522 of title 45, Code
of Federal Regulations, that a covered entity restrict the
disclosure of the protected health information of the
individual, notwithstanding paragraph (a)(1)(ii) of such
section, the covered entity must comply with the requested
restriction if--
(1) except as otherwise required by law, the disclosure is
to a health plan for purposes of carrying out payment or
health care operations (and is not for purposes of carrying
out treatment); and
(2) the protected health information pertains solely to a
health care item or service for which the health care
provider involved has been paid out of pocket in full.
(b) Disclosures Required To Be Limited to the Limited Data
Set or the Minimum Necessary.--
(1) In general.--
(A) In general.--Subject to subparagraph (B), a covered
entity shall be treated as being in compliance with section
164.502(b)(1) of title 45, Code of Federal Regulations, with
respect to the use, disclosure, or request of protected
health information described in such section, only if the
covered entity limits such protected health information, to
the extent practicable, to the limited data set (as defined
in section 164.514(e)(2) of such title) or, if needed by such
entity, to the minimum necessary to accomplish the intended
purpose of such use, disclosure, or request, respectively.
(B) Guidance.--Not later than 18 months after the date of
the enactment of this section, the Secretary shall issue
guidance on what constitutes ``minimum necessary'' for
purposes of subpart E of part 164 of title 45, Code of
Federal Regulation. In issuing such guidance the Secretary
shall take into consideration the guidance under section
13424(c) and the information necessary to improve patient
outcomes and to detect, prevent, and manage chronic disease.
(C) Sunset.--Subparagraph (A) shall not apply on and after
the effective date on which the Secretary issues the guidance
under subparagraph (B).
(2) Determination of minimum necessary.--For purposes of
paragraph (1), in the case of the disclosure of protected
health information, the covered entity or business associate
disclosing such information shall determine what constitutes
the minimum necessary to accomplish the intended purpose of
such disclosure.
(3) Application of exceptions.--The exceptions described in
section 164.502(b)(2) of title 45, Code of Federal
Regulations, shall apply to the requirement under paragraph
(1) as of the effective date described in section 13423 in
the same manner that such exceptions apply to section
164.502(b)(1) of such title before such date.
(4) Rule of construction.--Nothing in this subsection shall
be construed as affecting the use, disclosure, or request of
protected health information that has been de-identified.
(c) Accounting of Certain Protected Health Information
Disclosures Required if Covered Entity Uses Electronic Health
Record.--
``(1) In general.--In applying section 164.528 of title 45,
Code of Federal Regulations, in the case that a covered
entity uses or maintains an electronic health record with
respect to protected health information--
``(A) the exception under paragraph (a)(1)(i) of such
section shall not apply to disclosures through an electronic
health record made by such entity of such information; and
``(B) an individual shall have a right to receive an
accounting of disclosures described in such paragraph of such
information made by such covered entity during only the three
years prior to the date on which the accounting is requested.
``(2) Regulations.--The Secretary shall promulgate
regulations on what information shall be collected about each
disclosure referred to in paragraph (1), not later than 6
months after the date on which the Secretary adopts standards
on accounting for disclosure described in the section
3002(b)(2)(B)(iv) of the Public Health Service Act, as added
by section 13101. Such regulations shall only require such
information to be collected through an electronic health
record in a manner that takes into account the interests of
the individuals in learning the circumstances under which
their protected health information is being disclosed and
takes into account the administrative burden of accounting
for such disclosures.
``(3) Process.--In response to an request from an
individual for an accounting, a covered entity shall elect to
provide either an--
``(A) accounting, as specified under paragraph (1), for
disclosures of protected health information that are made by
such covered entity and by a business associate acting on
behalf of the covered entity; or
``(B) accounting, as specified under paragraph (1), for
disclosures that are made by such covered entity and provide
a list of all business associates acting on behalf of the
covered entity, including contact information for such
associates (such as mailing address, phone, and email
address).
A business associate included on a list under subparagraph
(B) shall provide an accounting of disclosures (as required
under paragraph (1) for a covered entity) made by the
business associate upon a request made by an individual
directly to the business associate for such an accounting.
``(4) Effective date.--
``(A) Current users of electronic records.--In the case of
a covered entity insofar as it acquired an electronic health
record as of January 1, 2009, paragraph (1) shall apply to
disclosures, with respect to protected health information,
made by the covered entity from such a record on and after
January 1, 2014.
``(B) Others.--In the case of a covered entity insofar as
it acquires an electronic health record after January 1,
2009, paragraph (1) shall apply to disclosures, with respect
to protected health information, made by the covered entity
from such record on and after the later of the following:
``(i) January 1, 2011; or
``(ii) the date that it acquires an electronic health
record.
``(C) Later date.--The Secretary may set an effective date
that is later that the date specified under subparagraph (A)
or (B) if the Secretary determines that such later date is
necessary, but in no case may the date specified under--
``(i) subparagraph (A) be later than 2016; or
``(ii) subparagraph (B) be later than 2013.''
(d) Prohibition on Sale of Electronic Health Records or
Protected Health Information.--
(1) In general.--Except as provided in paragraph (2), a
covered entity or business associate shall not directly or
indirectly receive remuneration in exchange for any protected
health information of an individual unless the covered entity
obtained from the individual, in accordance with section
164.508 of title 45, Code of Federal Regulations, a valid
authorization that includes, in accordance with such section,
a specification of whether the protected health information
can be further exchanged for remuneration by the entity
receiving protected health information of that individual.
(2) Exceptions.--Paragraph (1) shall not apply in the
following cases:
(A) The purpose of the exchange is for public health
activities (as described in section 164.512(b) of title 45,
Code of Federal Regulations).
(B) The purpose of the exchange is for research (as
described in sections 164.501 and 164.512(i) of title 45,
Code of Federal Regulations) and the price charged reflects
the costs of preparation and transmittal of the data for such
purpose.
(C) The purpose of the exchange is for the treatment of the
individual, subject to any regulation that the Secretary may
promulgate to prevent protected health information from
inappropriate access, use, or disclosure.
(D) The purpose of the exchange is the health care
operation specifically described in subparagraph (iv) of
paragraph (6) of the definition of healthcare operations in
section 164.501 of title 45, Code of Federal Regulations.
(E) The purpose of the exchange is for remuneration that is
provided by a covered entity to a business associate for
activities involving the exchange of protected health
information that the business associate undertakes on behalf
of and at the specific request of the covered entity pursuant
to a business associate agreement.
(F) The purpose of the exchange is to provide an individual
with a copy of the individual's protected health information
pursuant to section 164.524 of title 45, Code of Federal
Regulations.
(G) The purpose of the exchange is otherwise determined by
the Secretary in regulations to be similarly necessary and
appropriate as the exceptions provided in subparagraphs (A)
through (F).
(3) Regulations.--Not later than 18 months after the date
of enactment of this title, the Secretary shall promulgate
regulations to carry out this subsection. In promulgating
such regulations, the Secretary--
(A) shall evaluate the impact of restricting the exception
described in paragraph (2)(A) to require that the price
charged for the purposes described in such paragraph reflects
the costs of the preparation and transmittal of the data for
such purpose, on research or public health activities,
including those conducted by or for the use of the Food and
Drug Administration; and
(B) may further restrict the exception described in
paragraph (2)(A) to require that the price charged for the
purposes described in such paragraph reflects the costs of
the preparation and transmittal of the data for such purpose,
if
[[Page H1348]]
the Secretary finds that such further restriction will not
impede such research or public health activities.
(4) Effective date.--Paragraph (1) shall apply to exchanges
occurring on or after the date that is 6 months after the
date of the promulgation of final regulations implementing
this subsection.
(e) Access to Certain Information in Electronic Format.--In
applying section 164.524 of title 45, Code of Federal
Regulations, in the case that a covered entity uses or
maintains an electronic health record with respect to
protected health information of an individual--
(1) the individual shall have a right to obtain from such
covered entity a copy of such information in an electronic
format and, if the individual chooses, to direct the covered
entity to transmit such copy directly to an entity or person
designated by the individual, provided that any such choice
is clear, conspicuous, and specific; and
(2) notwithstanding paragraph (c)(4) of such section, any
fee that the covered entity may impose for providing such
individual with a copy of such information (or a summary or
explanation of such information) if such copy (or summary or
explanation) is in an electronic form shall not be greater
than the entity's labor costs in responding to the request
for the copy (or summary or explanation).
SEC. 13406. CONDITIONS ON CERTAIN CONTACTS AS PART OF HEALTH
CARE OPERATIONS.
(a) Marketing.--
(1) In general.--A communication by a covered entity or
business associate that is about a product or service and
that encourages recipients of the communication to purchase
or use the product or service shall not be considered a
health care operation for purposes of subpart E of part 164
of title 45, Code of Federal Regulations, unless the
communication is made as described in subparagraph (i), (ii),
or (iii) of paragraph (1) of the definition of marketing in
section 164.501 of such title.
(2) Payment for certain communications.--A communication by
a covered entity or business associate that is described in
subparagraph (i), (ii), or (iii) of paragraph (1) of the
definition of marketing in section 164.501 of title 45, Code
of Federal Regulations, shall not be considered a health care
operation for purposes of subpart E of part 164 of title 45,
Code of Federal Regulations if the covered entity receives or
has received direct or indirect payment in exchange for
making such communication, except where--
(A)(i) such communication describes only a drug or biologic
that is currently being prescribed for the recipient of the
communication; and
(ii) any payment received by such covered entity in
exchange for making a communication described in clause (i)
is reasonable in amount;
(B) each of the following conditions apply--
(i) the communication is made by the covered entity; and
(ii) the covered entity making such communication obtains
from the recipient of the communication, in accordance with
section 164.508 of title 45, Code of Federal Regulations, a
valid authorization (as described in paragraph (b) of such
section) with respect to such communication; or
(C) each of the following conditions apply--
(i) the communication is made by a business associate on
behalf of the covered entity; and
(ii) the communication is consistent with the written
contract (or other written arrangement described in section
164.502(e)(2) of such title) between such business associate
and covered entity.
(3) Reasonable in amount defined.--For purposes of
paragraph (2), the term ``reasonable in amount'' shall have
the meaning given such term by the Secretary by regulation.
(4) Direct or indirect payment.--For purposes of paragraph
(2), the term ``direct or indirect payment'' shall not
include any payment for treatment (as defined in section
164.501 of title 45, Code of Federal Regulations) of an
individual.
(b) Opportunity to Opt Out of Fundraising.--The Secretary
shall by rule provide that any written fundraising
communication that is a healthcare operation as defined under
section 164.501 of title 45, Code of Federal Regulations,
shall, in a clear and conspicuous manner, provide an
opportunity for the recipient of the communications to elect
not to receive any further such communication. When an
individual elects not to receive any further such
communication, such election shall be treated as a revocation
of authorization under section 164.508 of title 45, Code of
Federal Regulations.
(c) Effective Date.--This section shall apply to written
communications occurring on or after the effective date
specified under section 13423.
SEC. 13407. TEMPORARY BREACH NOTIFICATION REQUIREMENT FOR
VENDORS OF PERSONAL HEALTH RECORDS AND OTHER
NON-HIPAA COVERED ENTITIES.
(a) In General.--In accordance with subsection (c), each
vendor of personal health records, following the discovery of
a breach of security of unsecured PHR identifiable health
information that is in a personal health record maintained or
offered by such vendor, and each entity described in clause
(ii), (iii), or (iv) of section 13424(b)(1)(A), following the
discovery of a breach of security of such information that is
obtained through a product or service provided by such
entity, shall--
(1) notify each individual who is a citizen or resident of
the United States whose unsecured PHR identifiable health
information was acquired by an unauthorized person as a
result of such a breach of security; and
(2) notify the Federal Trade Commission.
(b) Notification by Third Party Service Providers.--A third
party service provider that provides services to a vendor of
personal health records or to an entity described in clause
(ii), (iii). or (iv) of section 13424(b)(1)(A) in connection
with the offering or maintenance of a personal health record
or a related product or service and that accesses, maintains,
retains, modifies, records, stores, destroys, or otherwise
holds, uses, or discloses unsecured PHR identifiable health
information in such a record as a result of such services
shall, following the discovery of a breach of security of
such information, notify such vendor or entity, respectively,
of such breach. Such notice shall include the identification
of each individual whose unsecured PHR identifiable health
information has been, or is reasonably believed to have been,
accessed, acquired, or disclosed during such breach.
(c) Application of Requirements for Timeliness, Method, and
Content of Notifications.--Subsections (c), (d), (e), and (f)
of section 13402 shall apply to a notification required under
subsection (a) and a vendor of personal health records, an
entity described in subsection (a) and a third party service
provider described in subsection (b), with respect to a
breach of security under subsection (a) of unsecured PHR
identifiable health information in such records maintained or
offered by such vendor, in a manner specified by the Federal
Trade Commission.
(d) Notification of the Secretary.--Upon receipt of a
notification of a breach of security under subsection (a)(2),
the Federal Trade Commission shall notify the Secretary of
such breach.
(e) Enforcement.--A violation of subsection (a) or (b)
shall be treated as an unfair and deceptive act or practice
in violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B))
regarding unfair or deceptive acts or practices.
(f) Definitions.--For purposes of this section:
(1) Breach of security.--The term ``breach of security''
means, with respect to unsecured PHR identifiable health
information of an individual in a personal health record,
acquisition of such information without the authorization of
the individual.
(2) PHR identifiable health information.--The term ``PHR
identifiable health information'' means individually
identifiable health information, as defined in section
1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), and
includes, with respect to an individual, information--
(A) that is provided by or on behalf of the individual; and
(B) that identifies the individual or with respect to which
there is a reasonable basis to believe that the information
can be used to identify the individual.
(3) Unsecured phr identifiable health information.--
(A) In general.--Subject to subparagraph (B), the term
``unsecured PHR identifiable health information'' means PHR
identifiable health information that is not protected through
the use of a technology or methodology specified by the
Secretary in the guidance issued under section 13402(h)(2).
(B) Exception in case timely guidance not issued.--In the
case that the Secretary does not issue guidance under section
13402(h)(2) by the date specified in such section, for
purposes of this section, the term ``unsecured PHR
identifiable health information'' shall mean PHR identifiable
health information that is not secured by a technology
standard that renders protected health information unusable,
unreadable, or indecipherable to unauthorized individuals and
that is developed or endorsed by a standards developing
organization that is accredited by the American National
Standards Institute.
(g) Regulations; Effective Date; Sunset.--
(1) Regulations; effective date.--To carry out this
section, the Federal Trade Commission shall promulgate
interim final regulations by not later than the date that is
180 days after the date of the enactment of this section. The
provisions of this section shall apply to breaches of
security that are discovered on or after the date that is 30
days after the date of publication of such interim final
regulations.
(2) Sunset.--If Congress enacts new legislation
establishing requirements for notification in the case of a
breach of security, that apply to entities that are not
covered entities or business associates, the provisions of
this section shall not apply to breaches of security
discovered on or after the effective date of regulations
implementing such legislation.
SEC. 13408. BUSINESS ASSOCIATE CONTRACTS REQUIRED FOR CERTAIN
ENTITIES.
Each organization, with respect to a covered entity, that
provides data transmission of protected health information to
such entity (or its business associate) and that requires
access on a routine basis to such protected health
information, such as a Health Information Exchange
Organization, Regional Health Information Organization, E-
prescribing Gateway, or each vendor that contracts with a
covered entity to allow that covered entity to offer a
personal health record to patients as part of its electronic
health record, is required to enter into a written contract
(or other written arrangement) described in section
164.502(e)(2) of title 45, Code of Federal Regulations and a
written contract (or other arrangement) described in section
164.308(b) of such title, with such entity and shall be
treated as a business associate of the covered entity for
purposes of the provisions of this subtitle and subparts C
and E of part 164 of title 45, Code of Federal Regulations,
as such provisions are in effect as of the date of enactment
of this title.
SEC. 13409. CLARIFICATION OF APPLICATION OF WRONGFUL
DISCLOSURES CRIMINAL PENALTIES.
Section 1177(a) of the Social Security Act (42 U.S.C.
1320d-6(a)) is amended by adding at the end the following new
sentence: ``For purposes of the previous sentence, a person
(including an
[[Page H1349]]
employee or other individual) shall be considered to have
obtained or disclosed individually identifiable health
information in violation of this part if the information is
maintained by a covered entity (as defined in the HIPAA
privacy regulation described in section 1180(b)(3)) and the
individual obtained or disclosed such information without
authorization.''.
SEC. 13410. IMPROVED ENFORCEMENT.
(a) In General.--
(1) Noncompliance due to willful neglect.--Section 1176 of
the Social Security Act (42 U.S.C. 1320d-5) is amended--
(A) in subsection (b)(1), by striking ``the act constitutes
an offense punishable under section 1177'' and inserting ``a
penalty has been imposed under section 1177 with respect to
such act''; and
(B) by adding at the end the following new subsection:
``(c) Noncompliance Due to Willful Neglect.--
``(1) In general.--A violation of a provision of this part
due to willful neglect is a violation for which the Secretary
is required to impose a penalty under subsection (a)(1).
``(2) Required investigation.--For purposes of paragraph
(1), the Secretary shall formally investigate any complaint
of a violation of a provision of this part if a preliminary
investigation of the facts of the complaint indicate such a
possible violation due to willful neglect.''.
(2) Enforcement under social security act.--Any violation
by a covered entity under thus subtitle is subject to
enforcement and penalties under section 1176 and 1177 of the
Social Security Act.
(b) Effective Date; Regulations.--
(1) The amendments made by subsection (a) shall apply to
penalties imposed on or after the date that is 24 months
after the date of the enactment of this title.
(2) Not later than 18 months after the date of the
enactment of this title, the Secretary of Health and Human
Services shall promulgate regulations to implement such
amendments.
(c) Distribution of Certain Civil Monetary Penalties
Collected.--
(1) In general.--Subject to the regulation promulgated
pursuant to paragraph (3), any civil monetary penalty or
monetary settlement collected with respect to an offense
punishable under this subtitle or section 1176 of the Social
Security Act (42 U.S.C. 1320d-5) insofar as such section
relates to privacy or security shall be transferred to the
Office for Civil Rights of the Department of Health and Human
Services to be used for purposes of enforcing the provisions
of this subtitle and subparts C and E of part 164 of title
45, Code of Federal Regulations, as such provisions are in
effect as of the date of enactment of this Act.
(2) GAO report.--Not later than 18 months after the date of
the enactment of this title, the Comptroller General shall
submit to the Secretary a report including recommendations
for a methodology under which an individual who is harmed by
an act that constitutes an offense referred to in paragraph
(1) may receive a percentage of any civil monetary penalty or
monetary settlement collected with respect to such offense.
(3) Establishment of methodology to distribute percentage
of cmps collected to harmed individuals.--Not later than 3
years after the date of the enactment of this title, the
Secretary shall establish by regulation and based on the
recommendations submitted under paragraph (2), a methodology
under which an individual who is harmed by an act that
constitutes an offense referred to in paragraph (1) may
receive a percentage of any civil monetary penalty or
monetary settlement collected with respect to such offense.
(4) Application of methodology.--The methodology under
paragraph (3) shall be applied with respect to civil monetary
penalties or monetary settlements imposed on or after the
effective date of the regulation.
(d) Tiered Increase in Amount of Civil Monetary
Penalties.--
(1) In general.--Section 1176(a)(1) of the Social Security
Act (42 U.S.C. 1320d-5(a)(1)) is amended by striking ``who
violates a provision of this part a penalty of not more
than'' and all that follows and inserting the following:
``who violates a provision of this part--
``(A) in the case of a violation of such provision in which
it is established that the person did not know (and by
exercising reasonable diligence would not have known) that
such person violated such provision, a penalty for each such
violation of an amount that is at least the amount described
in paragraph (3)(A) but not to exceed the amount described in
paragraph (3)(D);
``(B) in the case of a violation of such provision in which
it is established that the violation was due to reasonable
cause and not to willful neglect, a penalty for each such
violation of an amount that is at least the amount described
in paragraph (3)(B) but not to exceed the amount described in
paragraph (3)(D); and
``(C) in the case of a violation of such provision in which
it is established that the violation was due to willful
neglect--
``(i) if the violation is corrected as described in
subsection (b)(3)(A), a penalty in an amount that is at least
the amount described in paragraph (3)(C) but not to exceed
the amount described in paragraph (3)(D); and
``(ii) if the violation is not corrected as described in
such subsection, a penalty in an amount that is at least the
amount described in paragraph (3)(D).
In determining the amount of a penalty under this section for
a violation, the Secretary shall base such determination on
the nature and extent of the violation and the nature and
extent of the harm resulting from such violation.''.
(2) Tiers of penalties described.--Section 1176(a) of such
Act (42 U.S.C. 1320d-5(a)) is further amended by adding at
the end the following new paragraph:
``(3) Tiers of penalties described.--For purposes of
paragraph (1), with respect to a violation by a person of a
provision of this part--
``(A) the amount described in this subparagraph is $100 for
each such violation, except that the total amount imposed on
the person for all such violations of an identical
requirement or prohibition during a calendar year may not
exceed $25,000;
``(B) the amount described in this subparagraph is $1,000
for each such violation, except that the total amount imposed
on the person for all such violations of an identical
requirement or prohibition during a calendar year may not
exceed $100,000;
``(C) the amount described in this subparagraph is $10,000
for each such violation, except that the total amount imposed
on the person for all such violations of an identical
requirement or prohibition during a calendar year may not
exceed $250,000; and
``(D) the amount described in this subparagraph is $50,000
for each such violation, except that the total amount imposed
on the person for all such violations of an identical
requirement or prohibition during a calendar year may not
exceed $1,500,000.''.
(3) Conforming amendments.--Section 1176(b) of such Act (42
U.S.C. 1320d-5(b)) is amended--
(A) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively; and
(B) in paragraph (2), as so redesignated--
(i) in subparagraph (A), by striking ``in subparagraph (B),
a penalty may not be imposed under subsection (a) if'' and
all that follows through ``the failure to comply is
corrected'' and inserting ``in subparagraph (B) or subsection
(a)(1)(C), a penalty may not be imposed under subsection (a)
if the failure to comply is corrected''; and
(ii) in subparagraph (B), by striking ``(A)(ii)'' and
inserting ``(A)'' each place it appears.
(4) Effective date.--The amendments made by this subsection
shall apply to violations occurring after the date of the
enactment of this title.
(e) Enforcement Through State Attorneys General.--
(1) In general.--Section 1176 of the Social Security Act
(42 U.S.C. 1320d-5) is amended by adding at the end the
following new subsection:
``(d) Enforcement by State Attorneys General.--
``(1) Civil action.--Except as provided in subsection (b),
in any case in which the attorney general of a State has
reason to believe that an interest of one or more of the
residents of that State has been or is threatened or
adversely affected by any person who violates a provision of
this part, the attorney general of the State, as parens
patriae, may bring a civil action on behalf of such residents
of the State in a district court of the United States of
appropriate jurisdiction--
``(A) to enjoin further such violation by the defendant; or
``(B) to obtain damages on behalf of such residents of the
State, in an amount equal to the amount determined under
paragraph (2).
``(2) Statutory damages.--
``(A) In general.--For purposes of paragraph (1)(B), the
amount determined under this paragraph is the amount
calculated by multiplying the number of violations by up to
$100. For purposes of the preceding sentence, in the case of
a continuing violation, the number of violations shall be
determined consistent with the HIPAA privacy regulations (as
defined in section 1180(b)(3)) for violations of subsection
(a).
``(B) Limitation.--The total amount of damages imposed on
the person for all violations of an identical requirement or
prohibition during a calendar year may not exceed $25,000.
``(C) Reduction of damages.--In assessing damages under
subparagraph (A), the court may consider the factors the
Secretary may consider in determining the amount of a civil
money penalty under subsection (a) under the HIPAA privacy
regulations.
``(3) Attorney fees.--In the case of any successful action
under paragraph (1), the court, in its discretion, may award
the costs of the action and reasonable attorney fees to the
State.
``(4) Notice to secretary.--The State shall serve prior
written notice of any action under paragraph (1) upon the
Secretary and provide the Secretary with a copy of its
complaint, except in any case in which such prior notice is
not feasible, in which case the State shall serve such notice
immediately upon instituting such action. The Secretary shall
have the right--
``(A) to intervene in the action;
``(B) upon so intervening, to be heard on all matters
arising therein; and
``(C) to file petitions for appeal.
``(5) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this section shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of that State.
``(6) Venue; service of process.--
``(A) Venue.--Any action brought under paragraph (1) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code.
``(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which
the defendant--
``(i) is an inhabitant; or
``(ii) maintains a physical place of business.
``(7) Limitation on state action while federal action is
pending.--If the Secretary has instituted an action against a
person under subsection (a) with respect to a specific
violation of this part, no State attorney general may bring
an action under this subsection against the person with
respect to such violation during the pendency of that action.
[[Page H1350]]
``(8) Application of cmp statute of limitation.--A civil
action may not be instituted with respect to a violation of
this part unless an action to impose a civil money penalty
may be instituted under subsection (a) with respect to such
violation consistent with the second sentence of section
1128A(c)(1).''.
(2) Conforming amendments.--Subsection (b) of such section,
as amended by subsection (d)(3), is amended--
(A) in paragraph (1), by striking ``A penalty may not be
imposed under subsection (a)'' and inserting ``No penalty may
be imposed under subsection (a) and no damages obtained under
subsection (d)'';
(B) in paragraph (2)(A)--
(i) after ``subsection (a)(1)(C),'', by striking ``a
penalty may not be imposed under subsection (a)'' and
inserting ``no penalty may be imposed under subsection (a)
and no damages obtained under subsection (d)''; and
(ii) in clause (ii), by inserting ``or damages'' after
``the penalty'';
(C) in paragraph (2)(B)(i), by striking ``The period'' and
inserting ``With respect to the imposition of a penalty by
the Secretary under subsection (a), the period''; and
(D) in paragraph (3), by inserting ``and any damages under
subsection (d)'' after ``any penalty under subsection (a)''.
(3) Effective date.--The amendments made by this subsection
shall apply to violations occurring after the date of the
enactment of this Act.
(f) Allowing Continued Use of Corrective Action.--Such
section is further amended by adding at the end the following
new subsection:
``(e) Allowing Continued Use of Corrective Action.--Nothing
in this section shall be construed as preventing the Office
for Civil Rights of the Department of Health and Human
Services from continuing, in its discretion, to use
corrective action without a penalty in cases where the person
did not know (and by exercising reasonable diligence would
not have known) of the violation involved.''.
SEC. 13411. AUDITS.
The Secretary shall provide for periodic audits to ensure
that covered entities and business associates that are
subject to the requirements of this subtitle and subparts C
and E of part 164 of title 45, Code of Federal Regulations,
as such provisions are in effect as of the date of enactment
of this Act, comply with such requirements.
PART 2--RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; EFFECTIVE
DATE; REPORTS
SEC. 13421. RELATIONSHIP TO OTHER LAWS.
(a) Application of Hipaa State Preemption.--Section 1178 of
the Social Security Act (42 U.S.C. 1320d-7) shall apply to a
provision or requirement under this subtitle in the same
manner that such section applies to a provision or
requirement under part C of title XI of such Act or a
standard or implementation specification adopted or
established under sections 1172 through 1174 of such Act.
(b) Health Insurance Portability and Accountability Act.--
The standards governing the privacy and security of
individually identifiable health information promulgated by
the Secretary under sections 262(a) and 264 of the Health
Insurance Portability and Accountability Act of 1996 shall
remain in effect to the extent that they are consistent with
this subtitle. The Secretary shall by rule amend such Federal
regulations as required to make such regulations consistent
with this subtitle.
(c) Construction.--Nothing in this subtitle shall
constitute a waiver of any privilege otherwise applicable to
an individual with respect to the protected health
information of such individual.
SEC. 13422. REGULATORY REFERENCES.
Each reference in this subtitle to a provision of the Code
of Federal Regulations refers to such provision as in effect
on the date of the enactment of this title (or to the most
recent update of such provision).
SEC. 13423. EFFECTIVE DATE.
Except as otherwise specifically provided, the provisions
of part I shall take effect on the date that is 12 months
after the date of the enactment of this title.
SEC. 13424. STUDIES, REPORTS, GUIDANCE.
(a) Report on Compliance.--
(1) In general.--For the first year beginning after the
date of the enactment of this Act and annually thereafter,
the Secretary shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives a report concerning
complaints of alleged violations of law, including the
provisions of this subtitle as well as the provisions of
subparts C and E of part 164 of title 45, Code of Federal
Regulations, (as such provisions are in effect as of the date
of enactment of this Act) relating to privacy and security of
health information that are received by the Secretary during
the year for which the report is being prepared. Each such
report shall include, with respect to such complaints
received during the year--
(A) the number of such complaints;
(B) the number of such complaints resolved informally, a
summary of the types of such complaints so resolved, and the
number of covered entities that received technical assistance
from the Secretary during such year in order to achieve
compliance with such provisions and the types of such
technical assistance provided;
(C) the number of such complaints that have resulted in the
imposition of civil monetary penalties or have been resolved
through monetary settlements, including the nature of the
complaints involved and the amount paid in each penalty or
settlement;
(D) the number of compliance reviews conducted and the
outcome of each such review;
(E) the number of subpoenas or inquiries issued;
(F) the Secretary's plan for improving compliance with and
enforcement of such provisions for the following year; and
(G) the number of audits performed and a summary of audit
findings pursuant to section 13411.
(2) Availability to public.--Each report under paragraph
(1) shall be made available to the public on the Internet
website of the Department of Health and Human Services.
(b) Study and Report on Application of Privacy and Security
Requirements to Non-Hipaa Covered Entities.--
(1) Study.--Not later than one year after the date of the
enactment of this title, the Secretary, in consultation with
the Federal Trade Commission, shall conduct a study, and
submit a report under paragraph (2), on privacy and security
requirements for entities that are not covered entities or
business associates as of the date of the enactment of this
title, including--
(A) requirements relating to security, privacy, and
notification in the case of a breach of security or privacy
(including the applicability of an exemption to notification
in the case of individually identifiable health information
that has been rendered unusable, unreadable, or
indecipherable through technologies or methodologies
recognized by appropriate professional organization or
standard setting bodies to provide effective security for the
information) that should be applied to--
(i) vendors of personal health records;
(ii) entities that offer products or services through the
website of a vendor of personal health records;
(iii) entities that are not covered entities and that offer
products or services through the websites of covered entities
that offer individuals personal health records;
(iv) entities that are not covered entities and that access
information in a personal health record or send information
to a personal health record; and
(v) third party service providers used by a vendor or
entity described in clause (i), (ii), (iii), or (iv) to
assist in providing personal health record products or
services;
(B) a determination of which Federal government agency is
best equipped to enforce such requirements recommended to be
applied to such vendors, entities, and service providers
under subparagraph (A); and
(C) a timeframe for implementing regulations based on such
findings.
(2) Report.--The Secretary shall submit to the Committee on
Finance, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Commerce of the Senate and the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives a report on the
findings of the study under paragraph (1) and shall include
in such report recommendations on the privacy and security
requirements described in such paragraph.
(c) Guidance on Implementation Specification to De-Identify
Protected Health Information.--Not later than 12 months after
the date of the enactment of this title, the Secretary shall,
in consultation with stakeholders, issue guidance on how best
to implement the requirements for the de-identification of
protected health information under section 164.514(b) of
title 45, Code of Federal Regulations.
(d) GAO Report on Treatment Disclosures.--Not later than
one year after the date of the enactment of this title, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Ways and Means and the Committee
on Energy and Commerce of the House of Representatives a
report on the best practices related to the disclosure among
health care providers of protected health information of an
individual for purposes of treatment of such individual. Such
report shall include an examination of the best practices
implemented by States and by other entities, such as health
information exchanges and regional health information
organizations, an examination of the extent to which such
best practices are successful with respect to the quality of
the resulting health care provided to the individual and with
respect to the ability of the health care provider to manage
such best practices, and an examination of the use of
electronic informed consent for disclosing protected health
information for treatment, payment, and health care
operations.
(e) Report Required.--Not later than 5 years after the date
of enactment of this section, the Government Accountability
Office shall submit to Congress and the Secretary of Health
and Human Services a report on the impact of any of the
provisions of this Act on health insurance premiums, overall
health care costs, adoption of electronic health records by
providers, and reduction in medical errors and other quality
improvements.
(f) Study.--The Secretary shall study the definition of
``psychotherapy notes'' in section 164.501 of title 45, Code
of Federal Regulations, with regard to including test data
that is related to direct responses, scores, items, forms,
protocols, manuals, or other materials that are part of a
mental health evaluation, as determined by the mental health
professional providing treatment or evaluation in such
definitions and may, based on such study, issue regulations
to revise such definition.
TITLE XIV--STATE FISCAL STABILIZATION FUND
DEPARTMENT OF EDUCATION
State Fiscal Stabilization Fund
For necessary expenses for a State Fiscal Stabilization
Fund, $53,600,000,000, which shall be administered by the
Department of Education.
[[Page H1351]]
GENERAL PROVISIONS--THIS TITLE
SEC. 14001. ALLOCATIONS.
(a) Outlying Areas.--From the amount appropriated to carry
out this title, the Secretary of Education shall first
allocate up to one-half of 1 percent to the outlying areas on
the basis of their respective needs, as determined by the
Secretary, in consultation with the Secretary of the
Interior, for activities consistent with this title under
such terms and conditions as the Secretary may determine.
(b) Administration and Oversight.--The Secretary may, in
addition, reserve up to $14,000,000 for administration and
oversight of this title, including for program evaluation.
(c) Reservation for Additional Programs.--After reserving
funds under subsections (a) and (b), the Secretary shall
reserve $5,000,000,000 for grants under sections 14006 and
14007.
(d) State Allocations.--After carrying out subsections (a),
(b), and (c), the Secretary shall allocate the remaining
funds made available to carry out this title to the States as
follows:
(1) 61 percent on the basis of their relative population of
individuals aged 5 through 24.
(2) 39 percent on the basis of their relative total
population.
(e) State Grants.--From funds allocated under subsection
(d), the Secretary shall make grants to the Governor of each
State.
(f) Reallocation.--The Governor shall return to the
Secretary any funds received under subsection (e) that the
Governor does not award as subgrants or otherwise commit
within two years of receiving such funds, and the Secretary
shall reallocate such funds to the remaining States in
accordance with subsection (d).
SEC. 14002. STATE USES OF FUNDS.
(a) Education Fund.--
(1) In general.--For each fiscal year, the Governor shall
use 81.8 percent of the State's allocation under section
14001(d) for the support of elementary, secondary, and
postsecondary education and, as applicable, early childhood
education programs and services.
(2) Restoring state support for education.--
(A) In general.--The Governor shall first use the funds
described in paragraph (1)--
(i) to provide the amount of funds, through the State's
primary elementary and secondary funding formulae, that is
needed--
(I) to restore, in each of fiscal years 2009, 2010, and
2011, the level of State support provided through such
formulae to the greater of the fiscal year 2008 or fiscal
year 2009 level; and
(II) where applicable, to allow existing State formulae
increases to support elementary and secondary education for
fiscal years 2010 and 2011 to be implemented and allow
funding for phasing in State equity and adequacy adjustments,
if such increases were enacted pursuant to State law prior to
October 1, 2008.
(ii) to provide, in each of fiscal years 2009, 2010, and
2011, the amount of funds to public institutions of higher
education in the State that is needed to restore State
support for such institutions (excluding tuition and fees
paid by students) to the greater of the fiscal year 2008 or
fiscal year 2009 level.
(B) Shortfall.--If the Governor determines that the amount
of funds available under paragraph (1) is insufficient to
support, in each of fiscal years 2009, 2010, and 2011, public
elementary, secondary, and higher education at the levels
described in clauses (i) and (ii) of subparagraph (A), the
Governor shall allocate those funds between those clauses in
proportion to the relative shortfall in State support for the
education sectors described in those clauses.
(C) Fiscal year.--For purposes of this paragraph, the term
``fiscal year'' shall have the meaning given such term under
State law.
(3) Subgrants to improve basic programs operated by local
educational agencies.--After carrying out paragraph (2), the
Governor shall use any funds remaining under paragraph (1) to
provide local educational agencies in the State with
subgrants based on their relative shares of funding under
part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent year
for which data are available.
(b) Other Government Services.--
(1) In general.--The Governor shall use 18.2 percent of the
State's allocation under section 14001 for public safety and
other government services, which may include assistance for
elementary and secondary education and public institutions of
higher education, and for modernization, renovation, or
repair of public school facilities and institutions of higher
education facilities, including modernization, renovation,
and repairs that are consistent with a recognized green
building rating system.
(2) Availability to all institutions of higher education.--
A Governor shall not consider the type or mission of an
institution of higher education, and shall consider any
institution for funding for modernization, renovation, and
repairs within the State that--
(A) qualifies as an institution of higher education, as
defined in subsection 14013(3); and
(B) continues to be eligible to participate in the programs
under title IV of the Higher Education Act of 1965.
(c) Rule of Construction.--Nothing in this section shall
allow a local educational agency to engage in school
modernization, renovation, or repair that is inconsistent
with State law.
SEC. 14003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.
(a) In General.--A local educational agency that receives
funds under this title may use the funds for any activity
authorized by the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) (``ESEA''), the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.)
(``IDEA''), the Adult and Family Literacy Act (20 U.S.C. 1400
et seq.), or the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) (``the Perkins
Act'') or for modernization, renovation, or repair of public
school facilities, including modernization, renovation, and
repairs that are consistent with a recognized green building
rating system.
(b) Prohibition.--A local educational agency may not use
funds received under this title for--
(1) payment of maintenance costs;
(2) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for which
admission is charged to the general public;
(3) purchase or upgrade of vehicles; or
(4) improvement of stand-alone facilities whose purpose is
not the education of children, including central office
administration or operations or logistical support
facilities.
(c) Rule of Construction.--Nothing in this section shall
allow a local educational agency to engage in school
modernization, renovation, or repair that is inconsistent
with State law.
SEC. 14004. USES OF FUNDS BY INSTITUTIONS OF HIGHER
EDUCATION.
(a) In General.--A public institution of higher education
that receives funds under this title shall use the funds for
education and general expenditures, and in such a way as to
mitigate the need to raise tuition and fees for in-State
students, or for modernization, renovation, or repair of
institution of higher education facilities that are primarily
used for instruction, research, or student housing, including
modernization, renovation, and repairs that are consistent
with a recognized green building rating system.
(b) Prohibition.--An institution of higher education may
not use funds received under this title to increase its
endowment.
(c) Additional Prohibition.--No funds awarded under this
title may be used for--
(1) the maintenance of systems, equipment, or facilities;
(2) modernization, renovation, or repair of stadiums or
other facilities primarily used for athletic contests or
exhibitions or other events for which admission is charged to
the general public; or
(3) modernization, renovation, or repair of facilities--
(A) used for sectarian instruction or religious worship; or
(B) in which a substantial portion of the functions of the
facilities are subsumed in a religious mission.
SEC. 14005. STATE APPLICATIONS.
(a) In General.--The Governor of a State desiring to
receive an allocation under section 14001 shall submit an
application at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(b) Application.--In such application, the Governor shall--
(1) include the assurances described in subsection (d);
(2) provide baseline data that demonstrates the State's
current status in each of the areas described in such
assurances; and
(3) describe how the State intends to use its allocation,
including whether the State will use such allocation to meet
maintenance of effort requirements under the ESEA and IDEA
and, in such cases, what amount will be used to meet such
requirements.
(c) Incentive Grant Application.--The Governor of a State
seeking a grant under section 14006 shall--
(1) submit an application for consideration;
(2) describe the status of the State's progress in each of
the areas described in subsection (d), and the strategies the
State is employing to help ensure that students in the
subgroups described in section 1111(b)(2)(C)(v)(II) of the
ESEA (20 U.S.C. 6311(b)(2)(C)(v)(II)) who have not met the
State's proficiency targets continue making progress toward
meeting the State's student academic achievement standards;
(3) describe the achievement and graduation rates (as
described in section 1111(b)(2)(C)(vi) of the ESEA (20 U.S.C.
6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1)
of title 34, Code of Federal Regulations) of public
elementary and secondary school students in the State, and
the strategies the State is employing to help ensure that all
subgroups of students identified in section 1111(b)(2) of the
ESEA (20 U.S.C. 6311(b)(2)) in the State continue making
progress toward meeting the State's student academic
achievement standards;
(4) describe how the State would use its grant funding to
improve student academic achievement in the State, including
how it will allocate the funds to give priority to high-need
local educational agencies; and
(5) include a plan for evaluating the State's progress in
closing achievement gaps.
(d) Assurances.--An application under subsection (b) shall
include the following assurances:
(1) Maintenance of effort.--
(A) Elementary and secondary education.--The State will, in
each of fiscal years 2009, 2010, and 2011, maintain State
support for elementary and secondary education at least at
the level of such support in fiscal year 2006.
(B) Higher education.--The State will, in each of fiscal
years 2009, 2010, and 2011, maintain State support for public
institutions of higher education (not including support for
capital projects or for research and development or tuition
and fees paid by students) at least at the level of such
support in fiscal year 2006.
(2) Achieving equity in teacher distribution.--The State
will take actions to improve teacher effectiveness and comply
with section 1111(b)(8)(C) of the ESEA (20 U.S.C.
6311(b)(8)(C)) in order to address inequities in the
distribution of highly qualified teachers between high- and
low-poverty schools, and to ensure that low-income and
minority children are
[[Page H1352]]
not taught at higher rates than other children by
inexperienced, unqualified, or out-of-field teachers.
(3) Improving collection and use of data.--The State will
establish a longitudinal data system that includes the
elements described in section 6401(e)(2)(D) of the America
COMPETES Act (20 U.S.C. 9871).
(4) Standards and assessments.--The State--
(A) will enhance the quality of the academic assessments it
administers pursuant to section 1111(b)(3) of the ESEA (20
U.S.C. 6311(b)(3)) through activities such as those described
in section 6112(a) of such Act (20 U.S.C. 7301a(a));
(B) will comply with the requirements of paragraphs
(3)(C)(ix) and (6) of section 1111(b) of the ESEA (20 U.S.C.
6311(b)) and section 612(a)(16) of the IDEA (20 U.S.C.
1412(a)(16)) related to the inclusion of children with
disabilities and limited English proficient students in State
assessments, the development of valid and reliable
assessments for those students, and the provision of
accommodations that enable their participation in State
assessments; and
(C) will take steps to improve State academic content
standards and student academic achievement standards
consistent with section 6401(e)(1)(9)(A)(ii) of the America
COMPETES Act.
(5) Supporting struggling schools.--The State will ensure
compliance with the requirements of section 1116(a)(7)(C)(iv)
and section 1116(a)(8)(B) of the ESEA with respect to schools
identified under such sections.
SEC. 14006. STATE INCENTIVE GRANTS.
(a) In General.--
(1) Reservation.--From the total amount reserved under
section 14001(c) that is not used for section 14007, the
Secretary may reserve up to 1 percent for technical
assistance to States to assist them in meeting the objectives
of paragraphs (2), (3), (4), and (5) of section 14005(d).
(2) Remainder.--Of the remaining funds, the Secretary
shall, in fiscal year 2010, make grants to States that have
made significant progress in meeting the objectives of
paragraphs (2), (3), (4), and (5) of section 14005(d).
(b) Basis for Grants.--The Secretary shall determine which
States receive grants under this section, and the amount of
those grants, on the basis of information provided in State
applications under section 14005 and such other criteria as
the Secretary determines appropriate, which may include a
State's need for assistance to help meet the objective of
paragraphs (2), (3), (4), and (5) of section 14005(d).
(c) Subgrants to Local Educational Agencies.--Each State
receiving a grant under this section shall use at least 50
percent of the grant to provide local educational agencies in
the State with subgrants based on their relative shares of
funding under part A of title I of the ESEA (20 U.S.C. 6311
et seq.) for the most recent year.
SEC. 14007. INNOVATION FUND.
(a) In General.--
(1) Eligible entities.--For the purposes of this section,
the term ``eligible entity'' means--
(A) a local educational agency; or
(B) a partnership between a nonprofit organization and--
(i) one or more local educational agencies; or
(ii) a consortium of schools.
(2) Program established.--From the total amount reserved
under section 14001(c), the Secretary may reserve up to
$650,000,000 to establish an Innovation Fund, which shall
consist of academic achievement awards that recognize
eligible entities that meet the requirements described in
subsection (b).
(3) Basis for awards.--The Secretary shall make awards to
eligible entities that have made significant gains in closing
the achievement gap as described in subsection (b)(1)--
(A) to allow such eligible entities to expand their work
and serve as models for best practices;
(B) to allow such eligible entities to work in partnership
with the private sector and the philanthropic community; and
(C) to identify and document best practices that can be
shared, and taken to scale based on demonstrated success.
(b) Eligibility.--To be eligible for such an award, an
eligible entity shall--
(1) have significantly closed the achievement gaps between
groups of students described in section 1111(b)(2) of the
ESEA (20 U.S.C. 6311(b)(2));
(2) have exceeded the State's annual measurable objectives
consistent with such section 1111(b)(2) for 2 or more
consecutive years or have demonstrated success in
significantly increasing student academic achievement for all
groups of students described in such section through another
measure, such as measures described in section 1111(c)(2) of
the ESEA;
(3) have made significant improvement in other areas, such
as graduation rates or increased recruitment and placement of
high-quality teachers and school leaders, as demonstrated
with meaningful data; and
(4) demonstrate that they have established partnerships
with the private sector, which may include philanthropic
organizations, and that the private sector will provide
matching funds in order to help bring results to scale.
(c) Special Rule.--In the case of an eligible entity that
includes a nonprofit organization, the eligible entity shall
be considered to have met the eligibility requirements of
paragraphs (1), (2), (3) of subsection (b) if such nonprofit
organization has a record of meeting such requirements.
SEC. 14008. STATE REPORTS.
For each year of the program under this title, a State
receiving funds under this title shall submit a report to the
Secretary, at such time and in such manner as the Secretary
may require, that describes--
(1) the uses of funds provided under this title within the
State;
(2) how the State distributed the funds it received under
this title;
(3) the number of jobs that the Governor estimates were
saved or created with funds the State received under this
title;
(4) tax increases that the Governor estimates were averted
because of the availability of funds from this title;
(5) the State's progress in reducing inequities in the
distribution of highly qualified teachers, in implementing a
State longitudinal data system, and in developing and
implementing valid and reliable assessments for limited
English proficient students and children with disabilities;
(6) the tuition and fee increases for in-State students
imposed by public institutions of higher education in the
State during the period of availability of funds under this
title, and a description of any actions taken by the State to
limit those increases;
(7) the extent to which public institutions of higher
education maintained, increased, or decreased enrollment of
in-State students, including students eligible for Pell
Grants or other need-based financial assistance; and
(8) a description of each modernization, renovation and
repair project funded, which shall include the amounts
awarded and project costs.
SEC. 14009. EVALUATION.
The Comptroller General of the United States shall conduct
evaluations of the programs under sections 14006 and 14007
which shall include, but not be limited to, the criteria used
for the awards made, the States selected for awards, award
amounts, how each State used the award received, and the
impact of this funding on the progress made toward closing
achievement gaps.
SEC. 14010. SECRETARY'S REPORT TO CONGRESS.
The Secretary shall submit a report to the Committee on
Education and Labor of the House of Representatives, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committees on Appropriations of the House of
Representatives and of the Senate, not less than 6 months
following the submission of State reports, that evaluates the
information provided in the State reports under section 14008
and the information required by section 14005(b)(3) including
State-by-State information.
SEC. 14011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.
No recipient of funds under this title shall use such funds
to provide financial assistance to students to attend private
elementary or secondary schools.
SEC. 14012. FISCAL RELIEF.
(a) In General.--For the purpose of relieving fiscal
burdens on States and local educational agencies that have
experienced a precipitous decline in financial resources, the
Secretary of Education may waive or modify any requirement of
this title relating to maintaining fiscal effort.
(b) Duration.--A waiver or modification under this section
shall be for any of fiscal year 2009, fiscal year 2010, or
fiscal year 2011, as determined by the Secretary.
(c) Criteria.--The Secretary shall not grant a waiver or
modification under this section unless the Secretary
determines that the State or local educational agency
receiving such waiver or modification will not provide for
elementary and secondary education, for the fiscal year under
consideration, a smaller percentage of the total revenues
available to the State or local educational agency than the
amount provided for such purpose in the preceding fiscal
year.
(d) Maintenance of Effort.--Upon prior approval from the
Secretary, a State or local educational agency that receives
funds under this title may treat any portion of such funds
that is used for elementary, secondary, or postsecondary
education as non-Federal funds for the purpose of any
requirement to maintain fiscal effort under any other
program, including part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.),
administered by the Secretary.
(e) Subsequent Level of Effort.--Notwithstanding (d), the
level of effort required by a State or local educational
agency for the following fiscal year shall not be reduced.
SEC. 14013. DEFINITIONS.
Except as otherwise provided in this title, as used in this
title--
(1) the terms ``elementary education'' and ``secondary
education'' have the meaning given such terms under State
law;
(2) the term ``high-need local educational agency'' means a
local educational agency--
(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
(B) for which not less than 20 percent of the children
served by the agency are from families with incomes below the
poverty line;
(3) the term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001);
(4) the term ``Secretary'' means the Secretary of
Education;
(5) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
(6) any other term used that is defined in section 9101 of
the ESEA (20 U.S.C. 7801) shall have the meaning given the
term in such section.
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY
SEC. 1501. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given
under section 551 of title 5, United States Code.
(2) Board.--The term ``Board'' means the Recovery
Accountability and Transparency Board established in section
1521.
[[Page H1353]]
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Board.
(4) Covered funds.--The term ``covered funds'' means any
funds that are expended or obligated from appropriations made
under this Act.
(5) Panel.--The term ``Panel'' means the Recovery
Independent Advisory Panel established in section 1541.
Subtitle A--Transparency and Oversight Requirements
SEC. 1511. CERTIFICATIONS.
With respect to covered funds made available to State or
local governments for infrastructure investments, the
Governor, mayor, or other chief executive, as appropriate,
shall certify that the infrastructure investment has received
the full review and vetting required by law and that the
chief executive accepts responsibility that the
infrastructure investment is an appropriate use of taxpayer
dollars. Such certification shall include a description of
the investment, the estimated total cost, and the amount of
covered funds to be used, and shall be posted on a website
and linked to the website established by section 1526. A
State or local agency may not receive infrastructure
investment funding from funds made available in this Act
unless this certification is made and posted.
SEC. 1512. REPORTS ON USE OF FUNDS.
(a) Short Title.--This section may be cited as the ``Jobs
Accountability Act''.
(b) Definitions.--In this section:
(1) Recipient.--The term ``recipient''--
(A) means any entity that receives recovery funds directly
from the Federal Government (including recovery funds
received through grant, loan, or contract) other than an
individual; and
(B) includes a State that receives recovery funds.
(2) Recovery funds.--The term ``recovery funds'' means any
funds that are made available from appropriations made under
this Act.
(c) Recipient Reports.--Not later than 10 days after the
end of each calendar quarter, each recipient that received
recovery funds from a Federal agency shall submit a report to
that agency that contains--
(1) the total amount of recovery funds received from that
agency;
(2) the amount of recovery funds received that were
expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which
recovery funds were expended or obligated, including--
(A) the name of the project or activity;
(B) a description of the project or activity;
(C) an evaluation of the completion status of the project
or activity;
(D) an estimate of the number of jobs created and the
number of jobs retained by the project or activity; and
(E) for infrastructure investments made by State and local
governments, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds
made available under this Act, and name of the person to
contact at the agency if there are concerns with the
infrastructure investment.
(4) Detailed information on any subcontracts or subgrants
awarded by the recipient to include the data elements
required to comply with the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282), allowing
aggregate reporting on awards below $25,000 or to
individuals, as prescribed by the Director of the Office of
Management and Budget.
(d) Agency Reports.--Not later than 30 days after the end
of each calendar quarter, each agency that made recovery
funds available to any recipient shall make the information
in reports submitted under subsection (c) publicly available
by posting the information on a website.
(e) Other Reports.--The Congressional Budget Office and the
Government Accountability Office shall comment on the
information described in subsection (c)(3)(D) for any reports
submitted under subsection (c). Such comments shall be due
within 45 days after such reports are submitted.
(f) Compliance.--Within 180 days of enactment, as a
condition of receipt of funds under this Act, Federal
agencies shall require any recipient of such funds to provide
the information required under subsection (c).
(g) Guidance.--Federal agencies, in coordination with the
Director of the Office of Management and Budget, shall
provide for user-friendly means for recipients of covered
funds to meet the requirements of this section.
(h) Registration.--Funding recipients required to report
information per subsection (c)(4) must register with the
Central Contractor Registration database or complete other
registration requirements as determined by the Director of
the Office of Management and Budget.
SEC. 1513. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS.
(a) In General.--In consultation with the Director of the
Office of Management and Budget and the Secretary of the
Treasury, the Chairperson of the Council of Economic Advisers
shall submit quarterly reports to the Committees on
Appropriations of the Senate and House of Representatives
that detail the impact of programs funded through covered
funds on employment, estimated economic growth, and other key
economic indicators.
(b) Submission of Reports.--
(1) First report.--The first report submitted under
subsection (a) shall be submitted not later than 45 days
after the end of the first full quarter following the date of
enactment of this Act.
(2) Last report.--The last report required to be submitted
under subsection (a) shall apply to the quarter in which the
Board terminates under section 1530.
SEC. 1514. INSPECTOR GENERAL REVIEWS.
(a) Reviews.--Any inspector general of a Federal department
or executive agency shall review, as appropriate, any
concerns raised by the public about specific investments
using funds made available in this Act. Any findings of such
reviews not related to an ongoing criminal proceeding shall
be relayed immediately to the head of the department or
agency concerned. In addition, the findings of such reviews,
along with any audits conducted by any inspector general of
funds made available in this Act, shall be posted on the
inspector general's website and linked to the website
established by section 1526, except that portions of reports
may be redacted to the extent the portions would disclose
information that is protected from public disclosure under
sections 552 and 552a of title 5, United States Code.
SEC. 1515. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN
RECORDS AND EMPLOYEES.
(a) Access.--With respect to each contract or grant awarded
using covered funds, any representative of an appropriate
inspector general appointed under section 3 or 8G of the
Inspector General Act of 1978 (5 U.S.C. App.), is
authorized--
(1) to examine any records of the contractor or grantee,
any of its subcontractors or subgrantees, or any State or
local agency administering such contract, that pertain to,
and involve transactions relating to, the contract,
subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor,
grantee, subgrantee, or agency regarding such transactions.
(b) Relationship to Existing Authority.--Nothing in this
section shall be interpreted to limit or restrict in any way
any existing authority of an inspector general.
Subtitle B--Recovery Accountability and Transparency Board
SEC. 1521. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD.
There is established the Recovery Accountability and
Transparency Board to coordinate and conduct oversight of
covered funds to prevent fraud, waste, and abuse.
SEC. 1522. COMPOSITION OF BOARD.
(a) Chairperson.--
(1) Designation or appointment.--The President shall--
(A) designate the Deputy Director for Management of the
Office of Management and Budget to serve as Chairperson of
the Board;
(B) designate another Federal officer who was appointed by
the President to a position that required the advice and
consent of the Senate, to serve as Chairperson of the Board;
or
(C) appoint an individual as the Chairperson of the Board,
by and with the advice and consent of the Senate.
(2) Compensation.--
(A) Designation of federal officer.--If the President
designates a Federal officer under paragraph (1)(A) or (B) to
serve as Chairperson, that Federal officer may not receive
additional compensation for services performed as
Chairperson.
(B) Appointment of non-federal officer.--If the President
appoints an individual as Chairperson under paragraph (1)(C),
that individual shall be compensated at the rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(b) Members.--The members of the Board shall include--
(1) the Inspectors General of the Departments of
Agriculture, Commerce, Education, Energy, Health and Human
Services, Homeland Security, Justice, Transportation,
Treasury, and the Treasury Inspector General for Tax
Administration; and
(2) any other Inspector General as designated by the
President from any agency that expends or obligates covered
funds.
SEC. 1523. FUNCTIONS OF THE BOARD.
(a) Functions.--
(1) In general.--The Board shall coordinate and conduct
oversight of covered funds in order to prevent fraud, waste,
and abuse.
(2) Specific functions.--The functions of the Board shall
include--
(A) reviewing whether the reporting of contracts and grants
using covered funds meets applicable standards and specifies
the purpose of the contract or grant and measures of
performance;
(B) reviewing whether competition requirements applicable
to contracts and grants using covered funds have been
satisfied;
(C) auditing or reviewing covered funds to determine
whether wasteful spending, poor contract or grant management,
or other abuses are occurring and referring matters it
considers appropriate for investigation to the inspector
general for the agency that disbursed the covered funds;
(D) reviewing whether there are sufficient qualified
acquisition and grant personnel overseeing covered funds;
(E) reviewing whether personnel whose duties involve
acquisitions or grants made with covered funds receive
adequate training; and
(F) reviewing whether there are appropriate mechanisms for
interagency collaboration relating to covered funds,
including coordinating and collaborating to the extent
practicable with the Inspectors General Council on Integrity
and Efficiency established by the Inspector General Reform
Act of 2008 (Public Law 110-409).
(b) Reports.--
(1) Flash and other reports.--The Board shall submit to the
President and Congress, including the Committees on
Appropriations of the
[[Page H1354]]
Senate and House of Representatives, reports, to be known as
``flash reports'', on potential management and funding
problems that require immediate attention. The Board also
shall submit to Congress such other reports as the Board
considers appropriate on the use and benefits of funds made
available in this Act.
(2) Quarterly reports.--The Board shall submit quarterly
reports to the President and Congress, including the
Committees on Appropriations of the Senate and House of
Representatives, summarizing the findings of the Board and
the findings of inspectors general of agencies. The Board may
submit additional reports as appropriate.
(3) Annual reports.--The Board shall submit annual reports
to the President and Congress, including the Committees on
Appropriations of the Senate and House of Representatives,
consolidating applicable quarterly reports on the use of
covered funds.
(4) Public availability.--
(A) In general.--All reports submitted under this
subsection shall be made publicly available and posted on the
website established by section 1526.
(B) Redactions.--Any portion of a report submitted under
this subsection may be redacted when made publicly available,
if that portion would disclose information that is not
subject to disclosure under sections 552 and 552a of title 5,
United States Code.
(c) Recommendations.--
(1) In general.--The Board shall make recommendations to
agencies on measures to prevent fraud, waste, and abuse
relating to covered funds.
(2) Responsive reports.--Not later than 30 days after
receipt of a recommendation under paragraph (1), an agency
shall submit a report to the President, the congressional
committees of jurisdiction, including the Committees on
Appropriations of the Senate and House of Representatives,
and the Board on--
(A) whether the agency agrees or disagrees with the
recommendations; and
(B) any actions the agency will take to implement the
recommendations.
SEC. 1524. POWERS OF THE BOARD.
(a) In General.--The Board shall conduct audits and reviews
of spending of covered funds and coordinate on such
activities with the inspectors general of the relevant agency
to avoid duplication and overlap of work.
(b) Audits and Reviews.--The Board may--
(1) conduct its own independent audits and reviews relating
to covered funds; and
(2) collaborate on audits and reviews relating to covered
funds with any inspector general of an agency.
(c) Authorities.--
(1) Audits and reviews.--In conducting audits and reviews,
the Board shall have the authorities provided under section 6
of the Inspector General Act of 1978 (5 U.S.C. App.).
Additionally, the Board may issue subpoenas to compel the
testimony of persons who are not Federal officers or
employees and may enforce such subpoenas in the same manner
as provided for inspector general subpoenas under section 6
of the Inspector General Act of 1978 (5 U.S.C. App.).
(2) Standards and guidelines.--The Board shall carry out
the powers under subsections (a) and (b) in accordance with
section 4(b)(1) of the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Public Hearings.--The Board may hold public hearings
and Board personnel may conduct necessary inquiries. The head
of each agency shall make all officers and employees of that
agency available to provide testimony to the Board and Board
personnel. The Board may issue subpoenas to compel the
testimony of persons who are not Federal officers or
employees at such public hearings. Any such subpoenas may be
enforced in the same manner as provided for inspector general
subpoenas under section 6 of the Inspector General Act of
1978 (5 U.S.C. App.).
(e) Contracts.--The Board may enter into contracts to
enable the Board to discharge its duties under this subtitle,
including contracts and other arrangements for audits,
studies, analyses, and other services with public agencies
and with private persons, and make such payments as may be
necessary to carry out the duties of the Board.
(f) Transfer of Funds.--The Board may transfer funds
appropriated to the Board for expenses to support
administrative support services and audits, reviews, or other
activities related to oversight by the Board of covered funds
to any office of inspector general, the Office of Management
and Budget, the General Services Administration, and the
Panel.
SEC. 1525. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.
(a) Employment and Personnel Authorities.--
(1) In general.--
(A) Authorities.--Subject to paragraph (2), the Board may
exercise the authorities of subsections (b) through (i) of
section 3161 of title 5, United States Code (without regard
to subsection (a) of that section).
(B) Application.--For purposes of exercising the
authorities described under subparagraph (A), the term
``Chairperson of the Board'' shall be substituted for the
term ``head of a temporary organization''.
(C) Consultation.--In exercising the authorities described
under subparagraph (A), the Chairperson shall consult with
members of the Board.
(2) Employment authorities.--In exercising the employment
authorities under subsection (b) of section 3161 of title 5,
United States Code, as provided under paragraph (1) of this
subsection--
(A) paragraph (2) of subsection (b) of section 3161 of that
title (relating to periods of appointments) shall not apply;
and
(B) no period of appointment may exceed the date on which
the Board terminates under section 1530.
(b) Information and Assistance.--
(1) In general.--Upon request of the Board for information
or assistance from any agency or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law,
furnish such information or assistance to the Board, or an
authorized designee.
(2) Report of refusals.--Whenever information or assistance
requested by the Board is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall report
the circumstances to the congressional committees of
jurisdiction, including the Committees on Appropriations of
the Senate and House of Representatives, without delay.
(c) Administrative Support.--The General Services
Administration shall provide the Board with administrative
support services, including the provision of office space and
facilities.
SEC. 1526. BOARD WEBSITE.
(a) Establishment.--The Board shall establish and maintain,
no later than 30 days after enactment of this Act, a user-
friendly, public-facing website to foster greater
accountability and transparency in the use of covered funds.
(b) Purpose.--The website established and maintained under
subsection (a) shall be a portal or gateway to key
information relating to this Act and provide connections to
other Government websites with related information.
(c) Content and Function.--In establishing the website
established and maintained under subsection (a), the Board
shall ensure the following:
(1) The website shall provide materials explaining what
this Act means for citizens. The materials shall be easy to
understand and regularly updated.
(2) The website shall provide accountability information,
including findings from audits, inspectors general, and the
Government Accountability Office.
(3) The website shall provide data on relevant economic,
financial, grant, and contract information in user-friendly
visual presentations to enhance public awareness of the use
of covered funds.
(4) The website shall provide detailed data on contracts
awarded by the Federal Government that expend covered funds,
including information about the competitiveness of the
contracting process, information about the process that was
used for the award of contracts, and for contracts over
$500,000 a summary of the contract.
(5) The website shall include printable reports on covered
funds obligated by month to each State and congressional
district.
(6) The website shall provide a means for the public to
give feedback on the performance of contracts that expend
covered funds.
(7) The website shall include detailed information on
Federal Government contracts and grants that expend covered
funds, to include the data elements required to comply with
the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), allowing aggregate reporting on
awards below $25,000 or to individuals, as prescribed by the
Director of the Office of Management and Budget.
(8) The website shall provide a link to estimates of the
jobs sustained or created by the Act.
(9) The website shall provide a link to information about
announcements of grant competitions and solicitations for
contracts to be awarded.
(10) The website shall include appropriate links to other
government websites with information concerning covered
funds, including Federal agency and State websites.
(11) The website shall include a plan from each Federal
agency for using funds made available in this Act to the
agency.
(12) The website shall provide information on Federal
allocations of formula grants and awards of competitive
grants using covered funds.
(13) The website shall provide information on Federal
allocations of mandatory and other entitlement programs by
State, county, or other appropriate geographical unit.
(14) To the extent practical, the website shall provide,
organized by the location of the job opportunities involved,
links to and information about how to access job
opportunities, including, if possible, links to or
information about local employment agencies, job banks
operated by State workforce agencies, the Department of
Labor's CareerOneStop website, State, local and other public
agencies receiving Federal funding, and private firms
contracted to perform work with Federal funding, in order to
direct job seekers to job opportunities created by this Act.
(15) The website shall be enhanced and updated as necessary
to carry out the purposes of this subtitle.
(d) Waiver.--The Board may exclude posting contractual or
other information on the website on a case-by-case basis when
necessary to protect national security or to protect
information that is not subject to disclosure under sections
552 and 552a of title 5, United States Code.
SEC. 1527. INDEPENDENCE OF INSPECTORS GENERAL.
(a) Independent Authority.--Nothing in this subtitle shall
affect the independent authority of an inspector general to
determine whether to conduct an audit or investigation of
covered funds.
(b) Requests by Board.--If the Board requests that an
inspector general conduct or refrain from conducting an audit
or investigation and the inspector general rejects the
request in whole or in part, the inspector general shall, not
later than 30 days after rejecting the request,
[[Page H1355]]
submit a report to the Board, the head of the applicable
agency, and the congressional committees of jurisdiction,
including the Committees on Appropriations of the Senate and
House of Representatives. The report shall state the reasons
that the inspector general has rejected the request in whole
or in part. The inspector general's decision shall be final.
SEC. 1528. COORDINATION WITH THE COMPTROLLER GENERAL AND
STATE AUDITORS.
The Board shall coordinate its oversight activities with
the Comptroller General of the United States and State
auditors.
SEC. 1529. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
necessary to carry out this subtitle.
SEC. 1530. TERMINATION OF THE BOARD.
The Board shall terminate on September 30, 2013.
Subtitle C--Recovery Independent Advisory Panel
SEC. 1541. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY
PANEL.
(a) Establishment.--There is established the Recovery
Independent Advisory Panel.
(b) Membership.--The Panel shall be composed of 5 members
who shall be appointed by the President.
(c) Qualifications.--Members shall be appointed on the
basis of expertise in economics, public finance, contracting,
accounting, or any other relevant field.
(d) Initial Meeting.--Not later than 30 days after the date
on which all members of the Panel have been appointed, the
Panel shall hold its first meeting.
(e) Meetings.--The Panel shall meet at the call of the
Chairperson of the Panel.
(f) Quorum.--A majority of the members of the Panel shall
constitute a quorum, but a lesser number of members may hold
hearings.
(g) Chairperson and Vice Chairperson.--The Panel shall
select a Chairperson and Vice Chairperson from among its
members.
SEC. 1542. DUTIES OF THE PANEL.
The Panel shall make recommendations to the Board on
actions the Board could take to prevent fraud, waste, and
abuse relating to covered funds.
SEC. 1543. POWERS OF THE PANEL.
(a) Hearings.--The Panel may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the Panel considers advisable to
carry out this subtitle.
(b) Information From Federal Agencies.--The Panel may
secure directly from any agency such information as the Panel
considers necessary to carry out this subtitle. Upon request
of the Chairperson of the Panel, the head of such agency
shall furnish such information to the Panel.
(c) Postal Services.--The Panel may use the United States
mails in the same manner and under the same conditions as
agencies of the Federal Government.
(d) Gifts.--The Panel may accept, use, and dispose of gifts
or donations of services or property.
SEC. 1544. PANEL PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Panel who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Panel. All members of the Panel who are officers or
employees of the United States shall serve without
compensation in addition to that received for their services
as officers or employees of the United States.
(b) Travel Expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Panel.
(c) Staff.--
(1) In general.--The Chairperson of the Panel may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Panel to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Panel.
(2) Compensation.--The Chairperson of the Panel may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Panel who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that
title.
(B) Members of panel.--Subparagraph (A) shall not be
construed to apply to members of the Panel.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement,
and such detail shall be without interruption or loss of
civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairperson of the Panel may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Administrative Support.--The General Services
Administration shall provide the Panel with administrative
support services, including the provision of office space and
facilities.
SEC. 1545. TERMINATION OF THE PANEL.
The Panel shall terminate on September 30, 2013.
SEC. 1546. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
necessary to carry out this subtitle.
Subtitle D--Additional Accountability and Transparency Requirements
SEC. 1551. AUTHORITY TO ESTABLISH SEPARATE FUNDING ACCOUNTS.
Although this Act provides supplemental appropriations for
programs, projects, and activities in existing Treasury
accounts, to facilitate tracking these funds through Treasury
and agency accounting systems, the Secretary of the Treasury
shall ensure that all funds appropriated in this Act shall be
established in separate Treasury accounts, unless a waiver
from this provision is approved by the Director of the Office
of Management and Budget.
SEC. 1552. SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING
AND RECORDKEEPING.
Federal agencies receiving funds under this Act, may, after
following the notice and comment rulemaking requirements
under the Administrative Procedures Act (5 U.S.C. 500),
reasonably adjust applicable limits on administrative
expenditures for Federal awards to help award recipients
defray the costs of data collection requirements initiated
pursuant to this Act.
SEC. 1553. PROTECTING STATE AND LOCAL GOVERNMENT AND
CONTRACTOR WHISTLEBLOWERS.
(a) Prohibition of Reprisals.--An employee of any non-
Federal employer receiving covered funds may not be
discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing, including a disclosure made in the
ordinary course of an employee's duties, to the Board, an
inspector general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee
(or such other person working for the employer who has the
authority to investigate, discover, or terminate misconduct),
a court or grand jury, the head of a Federal agency, or their
representatives, information that the employee reasonably
believes is evidence of--
(1) gross mismanagement of an agency contract or grant
relating to covered funds;
(2) a gross waste of covered funds;
(3) a substantial and specific danger to public health or
safety related to the implementation or use of covered funds;
(4) an abuse of authority related to the implementation or
use of covered funds; or
(5) a violation of law, rule, or regulation related to an
agency contract (including the competition for or negotiation
of a contract) or grant, awarded or issued relating to
covered funds.
(b) Investigation of Complaints.--
(1) In general.--A person who believes that the person has
been subjected to a reprisal prohibited by subsection (a) may
submit a complaint regarding the reprisal to the appropriate
inspector general. Except as provided under paragraph (3),
unless the inspector general determines that the complaint is
frivolous, does not relate to covered funds, or another
Federal or State judicial or administrative proceeding has
previously been invoked to resolve such complaint, the
inspector general shall investigate the complaint and, upon
completion of such investigation, submit a report of the
findings of the investigation to the person, the person's
employer, the head of the appropriate agency, and the Board.
(2) Time limitations for actions.--
(A) In general.--Except as provided under subparagraph (B),
the inspector general shall, not later than 180 days after
receiving a complaint under paragraph (1)--
(i) make a determination that the complaint is frivolous,
does not relate to covered funds, or another Federal or State
judicial or administrative proceeding has previously been
invoked to resolve such complaint; or
(ii) submit a report under paragraph (1).
(B) Extensions.--
(i) Voluntary extension agreed to between inspector general
and complainant.--If the inspector general is unable to
complete an investigation under this section in time to
submit a report within the 180-day period specified under
subparagraph (A) and the person submitting the complaint
agrees to an extension of time, the inspector general shall
submit a report under paragraph (1) within such additional
period of time as shall be agreed upon between the inspector
general and the person submitting the complaint.
(ii) Extension granted by inspector general.--If the
inspector general is unable to complete an investigation
under this section in time to submit a report within the 180-
day period specified under subparagraph (A), the inspector
general may extend the period for not more than 180 days
without agreeing with the person submitting the complaint to
such extension, provided that the inspector general provides
a written explanation (subject to the authority to exclude
information under paragraph (4)(C)) for the decision, which
shall be provided to both the person submitting the complaint
and the non-Federal employer.
(iii) Semi-annual report on extensions.--The inspector
general shall include in semi-annual reports to Congress a
list of those investigations for which the inspector general
received an extension.
(3) Discretion not to investigate complaints.--
[[Page H1356]]
(A) In general.--The inspector general may decide not to
conduct or continue an investigation under this section upon
providing to the person submitting the complaint and the non-
Federal employer a written explanation (subject to the
authority to exclude information under paragraph (4)(C)) for
such decision.
(B) Assumption of rights to civil remedy.--Upon receipt of
an explanation of a decision not to conduct or continue an
investigation under subparagraph (A), the person submitting a
complaint shall immediately assume the right to a civil
remedy under subsection (c)(3) as if the 210-day period
specified under such subsection has already passed.
(C) Semi-annual report.--The inspector general shall
include in semi-annual reports to Congress a list of those
investigations the inspector general decided not to conduct
or continue under this paragraph.
(4) Access to investigative file of inspector general.--
(A) In general.--The person alleging a reprisal under this
section shall have access to the investigation file of the
appropriate inspector general in accordance with section 552a
of title 5, United States Code (commonly referred to as the
``Privacy Act''). The investigation of the inspector general
shall be deemed closed for purposes of disclosure under such
section when an employee files an appeal to an agency head or
a court of competent jurisdiction.
(B) Civil action.--In the event the person alleging the
reprisal brings suit under subsection (c)(3), the person
alleging the reprisal and the non-Federal employer shall have
access to the investigative file of the inspector general in
accordance with the Privacy Act.
(C) Exception.--The inspector general may exclude from
disclosure--
(i) information protected from disclosure by a provision of
law; and
(ii) any additional information the inspector general
determines disclosure of which would impede a continuing
investigation, provided that such information is disclosed
once such disclosure would no longer impede such
investigation, unless the inspector general determines that
disclosure of law enforcement techniques, procedures, or
information could reasonably be expected to risk
circumvention of the law or disclose the identity of a
confidential source.
(5) Privacy of information.--An inspector general
investigating an alleged reprisal under this section may not
respond to any inquiry or disclose any information from or
about any person alleging such reprisal, except in accordance
with the provisions of section 552a of title 5, United States
Code, or as required by any other applicable Federal law.
(c) Remedy and Enforcement Authority.--
(1) Burden of proof.--
(A) Disclosure as contributing factor in reprisal.--
(i) In general.--A person alleging a reprisal under this
section shall be deemed to have affirmatively established the
occurrence of the reprisal if the person demonstrates that a
disclosure described in subsection (a) was a contributing
factor in the reprisal.
(ii) Use of circumstantial evidence.--A disclosure may be
demonstrated as a contributing factor in a reprisal for
purposes of this paragraph by circumstantial evidence,
including--
(I) evidence that the official undertaking the reprisal
knew of the disclosure; or
(II) evidence that the reprisal occurred within a period of
time after the disclosure such that a reasonable person could
conclude that the disclosure was a contributing factor in the
reprisal.
(B) Opportunity for rebuttal.--The head of an agency may
not find the occurrence of a reprisal with respect to a
reprisal that is affirmatively established under subparagraph
(A) if the non-Federal employer demonstrates by clear and
convincing evidence that the non-Federal employer would have
taken the action constituting the reprisal in the absence of
the disclosure.
(2) Agency action.--Not later than 30 days after receiving
an inspector general report under subsection (b), the head of
the agency concerned shall determine whether there is
sufficient basis to conclude that the non-Federal employer
has subjected the complainant to a reprisal prohibited by
subsection (a) and shall either issue an order denying relief
in whole or in part or shall take 1 or more of the following
actions:
(A) Order the employer to take affirmative action to abate
the reprisal.
(B) Order the employer to reinstate the person to the
position that the person held before the reprisal, together
with the compensation (including back pay), compensatory
damages, employment benefits, and other terms and conditions
of employment that would apply to the person in that position
if the reprisal had not been taken.
(C) Order the employer to pay the complainant an amount
equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that
were reasonably incurred by the complainant for, or in
connection with, bringing the complaint regarding the
reprisal, as determined by the head of the agency or a court
of competent jurisdiction.
(3) Civil action.--If the head of an agency issues an order
denying relief in whole or in part under paragraph (1), has
not issued an order within 210 days after the submission of a
complaint under subsection (b), or in the case of an
extension of time under subsection (b)(2)(B)(i), within 30
days after the expiration of the extension of time, or
decides under subsection (b)(3) not to investigate or to
discontinue an investigation, and there is no showing that
such delay or decision is due to the bad faith of the
complainant, the complainant shall be deemed to have
exhausted all administrative remedies with respect to the
complaint, and the complainant may bring a de novo action at
law or equity against the employer to seek compensatory
damages and other relief available under this section in the
appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the
amount in controversy. Such an action shall, at the request
of either party to the action, be tried by the court with a
jury.
(4) Judicial enforcement of order.--Whenever a person fails
to comply with an order issued under paragraph (2), the head
of the agency shall file an action for enforcement of such
order in the United States district court for a district in
which the reprisal was found to have occurred. In any action
brought under this paragraph, the court may grant appropriate
relief, including injunctive relief, compensatory and
exemplary damages, and attorneys fees and costs.
(5) Judicial review.--Any person adversely affected or
aggrieved by an order issued under paragraph (2) may obtain
review of the order's conformance with this subsection, and
any regulations issued to carry out this section, in the
United States court of appeals for a circuit in which the
reprisal is alleged in the order to have occurred. No
petition seeking such review may be filed more than 60 days
after issuance of the order by the head of the agency. Review
shall conform to chapter 7 of title 5, United States Code.
(d) Nonenforceability of Certain Provisions Waiving Rights
and Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and remedies.--Except as provided
under paragraph (3), the rights and remedies provided for in
this section may not be waived by any agreement, policy,
form, or condition of employment, including by any predispute
arbitration agreement.
(2) Predispute arbitration agreements.--Except as provided
under paragraph (3), no predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a
dispute arising under this section.
(3) Exception for collective bargaining agreements.--
Notwithstanding paragraphs (1) and (2), an arbitration
provision in a collective bargaining agreement shall be
enforceable as to disputes arising under the collective
bargaining agreement.
(e) Requirement to Post Notice of Rights and Remedies.--Any
employer receiving covered funds shall post notice of the
rights and remedies provided under this section.
(f) Rules of Construction.--
(1) No implied authority to retaliate for non-protected
disclosures.--Nothing in this section may be construed to
authorize the discharge of, demotion of, or discrimination
against an employee for a disclosure other than a disclosure
protected by subsection (a) or to modify or derogate from a
right or remedy otherwise available to the employee.
(2) Relationship to state laws.--Nothing may be construed
to preempt, preclude, or limit the protections provided for
public or private employees under State whistleblower laws.
(g) Definitions.--In this section:
(1) Abuse of authority.--The term ``abuse of authority''
means an arbitrary and capricious exercise of authority by a
contracting official or employee that adversely affects the
rights of any person, or that results in personal gain or
advantage to the official or employee or to preferred other
persons.
(2) Covered funds.--The term ``covered funds'' means any
contract, grant, or other payment received by any non-Federal
employer if--
(A) the Federal Government provides any portion of the
money or property that is provided, requested, or demanded;
and
(B) at least some of the funds are appropriated or
otherwise made available by this Act.
(3) Employee.--The term ``employee''--
(A) except as provided under subparagraph (B), means an
individual performing services on behalf of an employer; and
(B) does not include any Federal employee or member of the
uniformed services (as that term is defined in section
101(a)(5) of title 10, United States Code).
(4) Non-federal employer.--The term ``non-Federal
employer''--
(A) means any employer--
(i) with respect to covered funds--
(I) the contractor, subcontractor, grantee, or recipient,
as the case may be, if the contractor, subcontractor,
grantee, or recipient is an employer; and
(II) any professional membership organization,
certification or other professional body, any agent or
licensee of the Federal government, or any person acting
directly or indirectly in the interest of an employer
receiving covered funds; or
(ii) with respect to covered funds received by a State or
local government, the State or local government receiving the
funds and any contractor or subcontractor of the State or
local government; and
(B) does not mean any department, agency, or other entity
of the Federal Government.
(5) State or local government.--The term ``State or local
government'' means--
(A) the government of each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, or any other territory or
possession of the United States; or
(B) the government of any political subdivision of a
government listed in subparagraph (A).
SEC. 1554. SPECIAL CONTRACTING PROVISIONS.
To the maximum extent possible, contracts funded under this
Act shall be awarded as fixed-price contracts through the use
of competitive procedures. A summary of any contract awarded
with such funds that is not fixed-price and not awarded using
competitive procedures shall be posted in a special section
of the website established in section 1526.
[[Page H1357]]
TITLE XVI--GENERAL PROVISIONS--THIS ACT
RELATIONSHIP TO OTHER APPROPRIATIONS
Sec. 1601. Each amount appropriated or made available in
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved. Enactment of this Act shall have no
effect on the availability of amounts under the Continuing
Appropriations Resolution, 2009 (division A of Public Law
110-329).
PREFERENCE FOR QUICK-START ACTIVITIES
Sec. 1602. In using funds made available in this Act for
infrastructure investment, recipients shall give preference
to activities that can be started and completed
expeditiously, including a goal of using at least 50 percent
of the funds for activities that can be initiated not later
than 120 days after the date of the enactment of this Act.
Recipients shall also use grant funds in a manner that
maximizes job creation and economic benefit.
PERIOD OF AVAILABILITY
Sec. 1603. All funds appropriated in this Act shall remain
available for obligation until September 30, 2010, unless
expressly provided otherwise in this Act.
LIMIT ON FUNDS
Sec. 1604. None of the funds appropriated or otherwise made
available in this Act may be used by any State or local
government, or any private entity, for any casino or other
gambling establishment, aquarium, zoo, golf course, or
swimming pool.
BUY AMERICAN
Sec. 1605. Use of American Iron, Steel, and Manufactured
Goods. (a) None of the funds appropriated or otherwise made
available by this Act may be used for a project for the
construction, alteration, maintenance, or repair of a public
building or public work unless all of the iron, steel, and
manufactured goods used in the project are produced in the
United States.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or
agency involved finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory
quality; or
(3) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent.
(c) If the head of a Federal department or agency
determines that it is necessary to waive the application of
subsection (a) based on a finding under subsection (b), the
head of the department or agency shall publish in the Federal
Register a detailed written justification as to why the
provision is being waived.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
WAGE RATE REQUIREMENTS
Sec. 1606. Notwithstanding any other provision of law and
in a manner consistent with other provisions in this Act, all
laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in
whole or in part by and through the Federal Government
pursuant to this Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF
FUNDS
Sec. 1607. (a) Certification by Governor.--Not later than
45 days after the date of enactment of this Act, for funds
provided to any State or agency thereof, the Governor of the
State shall certify that: (1) the State will request and use
funds provided by this Act; and (2) the funds will be used to
create jobs and promote economic growth.
(b) Acceptance by State Legislature.--If funds provided to
any State in any division of this Act are not accepted for
use by the Governor, then acceptance by the State
legislature, by means of the adoption of a concurrent
resolution, shall be sufficient to provide funding to such
State.
(c) Distribution.--After the adoption of a State
legislature's concurrent resolution, funding to the State
will be for distribution to local governments, councils of
government, public entities, and public-private entities
within the State either by formula or at the State's
discretion.
economic stabilization contracting
Sec. 1608. Reform of Contracting Procedures Under EESA.
Section 107(b) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5217(b)) is amended by inserting ``and
individuals with disabilities and businesses owned by
individuals with disabilities (for purposes of this
subsection the term `individual with disability' has the same
meaning as the term `handicapped individual' as that term is
defined in section 3(f) of the Small Business Act (15 U.S.C.
632(f)),'' after ``(12 U.S.C. 1441a(r)(4)),''.
Sec. 1609. (a) Findings.--
(1) The National Environmental Policy Act protects public
health, safety and environmental quality: by ensuring
transparency, accountability and public involvement in
federal actions and in the use of public funds;
(2) When President Nixon signed the National Environmental
Policy Act into law on January 1, 1970, he said that the Act
provided the ``direction'' for the country to ``regain a
productive harmony between man and nature'';
(3) The National Environmental Policy Act helps to provide
an orderly process for considering federal actions and
funding decisions and prevents ligation and delay that would
otherwise be inevitable and existed prior to the
establishment of the National Environmental Policy Act.
(b) Adequate resources within this bill must be devoted to
ensuring that applicable environmental reviews under the
National Environmental Policy Act are completed on an
expeditious basis and that the shortest existing applicable
process under the National Environmental Policy Act shall be
utilized.
(c) The President shall report to the Senate Environment
and Public Works Committee and the House Natural Resources
Committee every 90 days following the date of enactment until
September 30, 2011 on the status and progress of projects and
activities funded by this Act with respect to compliance with
National Environmental Policy Act requirements and
documentation.
Sec. 1610. (a) None of the funds appropriated or otherwise
made available by this Act, for projects initiated after the
effective date of this Act, may be used by an executive
agency to enter into any Federal contract unless such
contract is entered into in accordance with the Federal
Property and Administrative Services Act (41 U.S.C. 253) or
chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise
authorized by statute to be entered into without regard to
the above referenced statutes.
(b) All projects to be conducted under the authority of the
Indian Self-Determination and Education Assistance Act, the
Tribally-Controlled Schools Act, the Sanitation and
Facilities Act, the Native American Housing and Self-
Determination Assistance Act and the Buy-Indian Act shall be
identified by the appropriate Secretary and the appropriate
Secretary shall incorporate provisions to ensure that the
agreement conforms with the provisions of this Act regarding
the timing for use of funds and transparency, oversight,
reporting, and accountability, including review by the
Inspectors General, the Accountability and Transparency
Board, and Government Accountability Office, consistent with
the objectives of this Act.
Sec. 1611. Hiring American Workers in Companies Receiving
TARP Funding. (a) Short Title.--This section may be cited as
the ``Employ American Workers Act''.
(b) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, it shall be unlawful for any recipient of funding under
title I of the Emergency Economic Stabilization Act of 2008
(Public Law 110-343) or section 13 of the Federal Reserve Act
(12 U.S.C. 342 et seq.) to hire any nonimmigrant described in
section 101(a)(15)(h)(i)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the
recipient is in compliance with the requirements for an H-1B
dependent employer (as defined in section 212(n)(3) of such
Act (8 U.S.C. 1182(n)(3))), except that the second sentence
of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) Defined term.--In this subsection, the term ``hire''
means to permit a new employee to commence a period of
employment.
(c) Sunset Provision.--This section shall be effective
during the 2-year period beginning on the date of the
enactment of this Act.
Sec. 1612. During the current fiscal year not to exceed 1
percent of any appropriation made available by this Act may
be transferred by an agency head between such appropriations
funded in this Act of that department or agency: Provided,
That such appropriations shall be merged with and available
for the same purposes, and for the same time period, as the
appropriation to which transferred: Provided further, That
the agency head shall notify the Committees on Appropriations
of the Senate and House of Representatives of the transfer 15
days in advance: Provided further, That notice of any
transfer made pursuant to this authority be posted on the
website established by the Recovery Act Accountability and
Transparency Board 15 days following such transfer: Provided
further, That the authority contained in this section is in
addition to transfer authorities otherwise available under
current law: Provided further, That the authority provided in
this section shall not apply to any appropriation that is
subject to transfer provisions included elsewhere in this
Act.
DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER
PROVISIONS
TITLE I--TAX PROVISIONS
SEC. 1000. SHORT TITLE, ETC.
(a) Short Title.--This title may be cited as the ``American
Recovery and Reinvestment Tax Act of 2009''.
(b) Reference.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code of
1986.
(c) Table of Contents.--The table of contents for this
title is as follows:
TITLE I--TAX PROVISIONS
Sec. 1000. Short title, etc.
Subtitle A--Tax Relief for Individuals and Families
PART I--General Tax Relief
Sec. 1001. Making work pay credit.
Sec. 1002. Temporary increase in earned income tax credit.
Sec. 1003. Temporary increase of refundable portion of child credit.
Sec. 1004. American opportunity tax credit.
[[Continued on page H1358]]