[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
December 16, 2009.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2847) entitled ``An Act making appropriations for the
Departments of Commerce and Justice, and Science, and Related Agencies
for the fiscal year ending September 30, 2010, and for other
purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2010
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, and for other purposes, namely:
TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT
CHAPTER 1--JUSTICE
DEPARTMENT OF JUSTICE
Community Oriented Policing Services
(including transfer of funds)
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,
$1,179,000,000, of which $2,950,000 shall be transferred to ``State and
Local Law Enforcement Activities, Salaries and Expenses'' for
management, administration and oversight of such grants.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
CORPS OF ENGINEERS--CIVIL WORKS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
(including transfers of funds)
For an additional amount for ``Construction'', $715,000,000:
Provided, 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 not
less than $30,000,000 of the funds provided shall be for water-related
environmental infrastructure assistance: Provided further, That up to
$30,000,000 of the funds provided under this heading may be transferred
to ``Mississippi Rivers and Tributaries'' for authorized projects and
activities: Provided further, That notwithstanding any other provision
of law, funds provided under this heading 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 shall only be
allocated to programs, projects or activities that heretofore received
funds provided in Acts making appropriations available for Energy and
Water Development and that are selected using only the following
criteria in order of priority: programs, projects or activities that
can be commenced quickly; programs, projects or activities that will
create immediate employment; programs, projects or activities that will
be executed by contract or direct hire of temporary labor; and
programs, projects or activities that are located in a State with high
unemployment: Provided further, That the limitation concerning total
project costs in section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280), shall not apply during fiscal years 2010 and
2011 for any project receiving funds provided in this title: Provided
further, That for projects that are being completed with funds
appropriated in this paragraph that would otherwise be expired for
obligation, expired funds appropriated in this paragraph 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 funds made available under this heading
shall be apportioned by the Office of Management and Budget not later
than 30 days after the date of enactment of this Act and allocated by
the Secretary of the Army to specific programs, projects or activities
not later than 45 days after the date of enactment of this Act:
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, including an explanation of how each
selected program, project or activity fulfills the funding criteria
above, beginning not later than 45 days after the date of enactment of
this Act: Provided further, That the Secretary shall have unlimited
reprogramming authority for the funds provided under this heading:
Provided further, That up to 0.5 percent of funds provided under this
heading may be transferred to ``Expenses'' for the purposes of
management and oversight of the programs, projects or activities funded
by this paragraph.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfers of funds)
For an additional amount for ``Water and Related Resources'',
$100,000,000: Provided, That of the amount appropriated under this
heading, not less than $26,000,000 shall be used for water reclamation
and reuse projects authorized under title XVI of Public Law 102-575:
Provided further, That up to $30,000,000 of the funds provided under
this heading may be used for programs, projects, and activities
authorized by Public Law 108-361 and up to $10,000,000 of the funds
provided under this heading may be transferred to the Department of the
Interior for programs, projects, and activities authorized by titles
II-V of Public Law 102-575: Provided further, That funds provided under
this heading shall only be allocated to programs, projects or
activities that heretofore received funds provided in Acts making
appropriations available for Energy and Water Development: Provided
further, That for projects that are being completed with funds
appropriated in this paragraph that would otherwise be expired for
obligation, expired funds appropriated in this paragraph 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 the
date of enactment of this Act: Provided further, That the Secretary
shall have unlimited reprogramming authority for the funds provided
under this heading: Provided further, That up to 0.5 percent of funds
appropriated under this heading may be transferred to ``Policy and
Administration'' for the purposes of management and oversight of the
programs, projects, or activities funded by this paragraph.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Title 17 Innovative Technology Loan Guarantee Program
For an additional amount for ``Title 17 Innovative Technology Loan
Guarantee Program'' for the cost of guaranteed loans authorized by
section 1705 of the Energy Policy Act of 2005, $2,000,000,000,
available until expended: Provided, That the cost of such loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
General Provision, This Chapter
incentives for innovative technologies loan guarantee program
Sec. 1201. (a) Specific Appropriation or Contribution.--Section
1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made;
``(B) the Secretary has received from the borrower
a payment in full for the cost of the obligation and
deposited the payment into the Treasury; or
``(C) a combination of appropriations or payments
from the borrower has been made sufficient to cover the
cost of the obligation.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) or (C) shall not be a loan or
other debt obligation that is made or guaranteed by the Federal
Government.''; and
(2) by adding at the end the following:
``(k) Credit Report.--If, in the opinion of the Secretary, a third-
party credit rating of the applicant or project is not relevant to the
determination of the credit risk of a project, if the project costs are
not projected to exceed $100,000,000, and the applicant agrees to
accept the credit rating assigned to the applicant by the Secretary,
the Secretary may waive any otherwise applicable requirement (including
any requirement described in part 609 of title 10, Code of Federal
Regulations) to provide a third-party credit report.
``(l) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, United States Code, the
head of the loan guarantee program under this title (referred
to in this subsection as the `Executive Director') may, on a
determination that there is a severe shortage of candidates or
a severe hiring need for particular positions to carry out the
functions of this title, recruit and directly appoint highly
qualified critical personnel with specialized knowledge
important to the function of the programs under this title into
the competitive service.
``(2) Exception.--The authority granted under paragraph (1)
shall not apply to positions in the excepted service or the
Senior Executive Service.
``(3) Requirements.--In exercising the authority granted
under paragraph (1), the Executive Director shall ensure that
any action taken by the Executive Director--
``(A) is consistent with the merit principles of
section 2301 of title 5, United States Code; and
``(B) complies with the public notice requirements
of section 3327 of title 5, United States Code.
``(4) Sunset.--The authority provided under paragraph (1)
shall terminate on January 1, 2011.
``(m) Multiple Sites.--Notwithstanding any contrary requirement
(including any provision under part 609.12 of title 10, Code of Federal
Regulations) an eligible project may be located on 2 or more non-
contiguous sites in the United States.''.
(b) Applications for Multiple Eligible Projects.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of title 10,
Code of Federal Regulations), a project applicant or sponsor of an
eligible project may submit an application for more than 1 eligible
project under this section.''.
(c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at
the end the following:
``(4) Energy efficiency projects, including projects to
retrofit residential, commercial, and industrial buildings,
facilities, and equipment.''.
CHAPTER 3--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
firefighter assistance grants
For an additional amount for ``Firefighter Assistance Grants'' for
necessary expenses for programs authorized by section 34 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a),
$500,000,000: Provided, That notwithstanding any provision under
section 34(a)(1)(A) of such Act specifying that grants must be used to
increase the number of firefighters in fire departments, the Secretary
of Homeland Security, in making grants under section 34 of such Act for
fiscal year 2010, shall grant waivers from the requirements of
subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:
Provided further, That section 34(a)(1)(E) of such Act shall not apply
with respect to funds appropriated in this or any other Act making
appropriations for fiscal year 2010 for grants under section 34 of such
Act: Provided further, That the Secretary of Homeland Security, in
making grants under section 34 of such Act, shall ensure that funds
appropriated under this or any other Act making appropriations for
fiscal year 2010 are made available for the retention of firefighters
and shall award grants not later than 120 days after the date of
enactment of this Act: Provided further, That the Secretary may
transfer any unused funds under this heading to make grants for
programs authorized by section 33 of such Act (15 U.S.C. 2229) after
notification to the Committees on Appropriations of the Senate and the
House of Representatives.
CHAPTER 4--INTERIOR AND ENVIRONMENT
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 using term
employment, $20,000,000.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', for
activities using term employment, $30,000,000.
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'', for activities on all national park units using term
employment, $50,000,000.
Department-wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'', for
hazardous fuels reduction and related activities including necessary
inventory and monitoring, using term employment, $20,000,000.
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for ``State and Tribal Assistance
Grants'', $2,000,000,000, of which $1,000,000,000 shall be for
capitalization grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act and $1,000,000,000
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 8 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 2.0 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,
2009: Provided further, That section 1606 of title XVI of Public Law
111-5 shall apply to the use of the funds provided under this heading.
Department of Agriculture
Forest Service
state and private forestry
For an additional amount for ``State and Private Forestry'', for
financial assistance to States and territories for authorized
activities using term employment, $75,000,000.
national forest system
For an additional amount for ``National Forest System'', for
activities on the National Forest System using term employment,
$40,000,000.
wildland fire management
For an additional amount for ``Wildland Fire Management'', for
hazardous fuels reduction and related activities using term employment,
$35,000,000.
General Provisions, This Chapter
(including transfer of funds)
Sec. 1401. Funds made available to the Environmental Protection
Agency by this Act for management and oversight purposes shall remain
available until September 30, 2012, and may be transferred to the
``Environmental Programs and Management'' account as needed.
Sec. 1402. 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, to the maximum extent
practicable, the Public Lands Corps, Youth Conservation Corps, Student
Conservation Association, Job Corps, Corps Network members, and other
related partnerships with Federal, State, local, tribal or non-profit
groups that serve young adults, underserved and minority populations,
veterans, and special needs individuals.
CHAPTER 5--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''),
$1,250,000,000, 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 youth
activities: Provided, That such funds shall be used solely for
summer employment programs for youth: Provided further, 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 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: Provided further, That an in-school
youth shall meet the requirement that eligible youth be a low-
income individual under section 101(13)(B) of the WIA if such
youth has been determined to meet the eligibility requirements
for free meals under the National School Lunch Act (42 U.S.C.
1751 et seq.) during the most recent school year; and
(2) $750,000,000 for a program of competitive grants for
worker training and placement in high growth and emerging
industry sectors: Provided, That $275,000,000 shall be for 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, of which $225,000,000 shall be for
Pathways Out of Poverty projects: Provided further, That in
awarding grants from those funds not dedicated in the preceding
proviso, the Secretary of Labor shall give priority to projects
that prepare workers for careers in the health care sector.
DEPARTMENT OF EDUCATION
Education Jobs Fund
For necessary expenses for an Education Jobs Fund, $23,000,000,000,
which shall remain available for obligation through September 30, 2010
and shall be administered under the terms and conditions of sections
14001 through 14013 of title XIV, and title XV, of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
except as follows:
(1) Allotments to states and territories.--Such funds shall
be available only for allocations by the Secretary under
subsections (a) and (d) of section 14001.
(2) Reservation.--With respect to funds appropriated under
this heading, a State that receives an allocation may reserve
not more than 5 percent for--
(A) the administrative costs of carrying out its
responsibilities with respect to those funds, provided
the State reserves not more than 1 percent of its total
allocation for those costs; and
(B) retaining or creating positions in the State
educational agency or the State agency for higher
education, and other State agency positions related to
the administration or support of early childhood,
elementary, secondary or postsecondary education.
(3) Awards to local educational agencies and public
institutions of higher education.--
(A) Except as specified under paragraph (2), an
allocation of such funds to a State under section
14001(d) shall be used only for awards to local
educational agencies and public institutions of higher
education for the support of elementary, secondary, and
postsecondary education. The Governor shall determine
how the funds appropriated under this heading are
allocated for elementary and secondary education and
for public institutions of higher education. In making
the determination in the preceding sentence, the
Governor shall allocate funds among the categories of
elementary and secondary education and public
institutions of higher education generally in
proportion to any reductions in State funds for such
categories.
(B) Funds used to support elementary and secondary
education shall be distributed through the State's
primary elementary and secondary funding formulae.
(C) Section 14002(a) and (b) shall not apply.
(4) Inapplicability of education reform assurances.--
Subsection (b)(2), and paragraphs (1) through (5) of subsection
(d), of section 14005 shall not apply to any application for an
allocation of such funds.
(5) Requirement to use funds to retain or create education
jobs.--Notwithstanding sections 14003(a) and 14004(a), such
funds may be used only for compensation and benefits and other
expenses, such as support services, necessary to retain
existing employees, for activities defined in section 101(31)
of the Workforce Investment Act of 1998, and to hire new
employees in order to provide early childhood, elementary,
secondary, or postsecondary educational and related services or
for modernization, renovation, and repair of public school
facilities and facilities of institutions of higher education.
(6) Prohibition on use of funds for rainy-day funds or debt
retirement.--A State that receives an allocation may not use
such funds, directly or indirectly, to establish, restore, or
supplement a rainy-day fund, or to supplant State funds in a
manner that has the effect of establishing, restoring, or
supplementing a rainy-day fund; or to reduce or retire debt
obligations incurred by the State, or to supplant State funds
in a manner that has the effect of reducing or retiring debt
obligations incurred by the State, provided that this
prohibition shall not apply to fund balances that are necessary
to comply with any State requirement to maintain a balanced
budget.
(7) Application considerations.--If, by a date set by the
Secretary, a Governor has not submitted an approvable
application under section 14005(a), the Secretary may provide
for the distribution of funds allocated under section 14001(d)
to another entity or other entities in the State, under such
terms and conditions as the Secretary may establish, provided
that all terms and conditions that apply to the appropriation
under this heading shall apply to such funds distributed to
such entity or entities.
(8) Local educational agency application.--Section 442 of
the General Education Provisions Act does not apply to a local
educational agency that has previously submitted an application
to the State under title XIV of division A of the American
Recovery and Reinvestment Act of 2009. The assurances provided
under that application shall continue to apply to funds awarded
under this heading.
(9) Maintenance of effort.--The Secretary shall not
allocate funds to a State under paragraph (1) unless the
Governor of the State provides an assurance to the Secretary
that the State will--
(A) for fiscal year 2010--
(i) maintain State support for elementary,
secondary, and public higher education (not
including support for capital projects or
research and development or tuition and fees
paid by students), in the aggregate, at the
level of such support for fiscal year 2009; or
(ii) maintain State support for elementary,
secondary, and public higher education (not
including support for capital projects or
research and development or tuition and fees
paid by students), in the aggregate, at a level
no less than such support for fiscal year 2006,
provided that if a State has enacted a
reduction to such aggregate level of fiscal
year 2010 State support for elementary,
secondary, and public higher education after
December 12, 2009, the State shall maintain
State support for elementary, secondary, and
public higher education at a percentage of the
total revenues available to the State that is
equal to or greater than the percentage
provided for such purpose for fiscal year 2010
prior to December 12, 2009; and
(B) for fiscal year 2011--
(i) comply with subparagraph (A)(i); or
(ii) maintain State support for elementary,
secondary, and public higher education (not
including support for capital projects or
research and development or tuition and fees
paid by students), in the aggregate, at a
percentage of the total revenues available to
the State that is equal to or greater than the
percentage provided for such purpose for fiscal
year 2010.
Student Financial Assistance
For an additional amount for ``Student Financial Assistance'' to
carry out part C of title IV of the Higher Education Act of 1965,
$300,000,000, which shall remain available through September 30, 2011.
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''),
$132,000,000, which shall remain available through September 30, 2011:
Provided, That not less than $90,000,000 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,
2011 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 up
to $30,000,000 shall be for programs under title I, part A of the 1973
Act: Provided further, That any 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 amount made available in this paragraph, not less than
$7,000,000 shall be transferred to ``Salaries and Expenses'' to
administer the funds provided in this paragraph, including making any
necessary information technology upgrades: Provided further, That the
CEO shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a fiscal year 2010 operating plan for
the funds appropriated in this paragraph prior to making any Federal
obligations of such funds in fiscal year 2010, but not later than 90
days after the date of enactment of this Act, and a fiscal year 2011
operating plan for such funds in fiscal year 2011, but not later than
November 1, 2010, 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 90 days after
issuance of the operating plan, and quarterly thereafter as long as
funding provided under this heading is available for obligation or
expenditure.
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''), $68,000,000, 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'' allocated to grants under
subtitle C of title I of the 1990 Act to the National Service Trust
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 or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirements to apportion funds under 31 U.S.C. 1513(b).
General Provision, This Chapter
issuer allowed refundable credit for qualified zone academy bonds and
qualified school construction bonds
Sec. 1501. (a) In General.--Section 6431 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(f) Application of Section to Qualified Zone Academy Bonds and
Qualified School Construction Bonds.--
``(1) In general.--In the case of any specified tax credit
bond--
``(A) such bond shall be treated as a qualified
bond for purposes of this section,
``(B) subsection (a) shall be applied without
regard to the requirement that the qualified bond be
issued before January 1, 2011,
``(C) the amount of the payment determined under
subsection (b) with respect to any interest payment
date under such bond shall be equal to the lesser of--
``(i) the amount of interest payable under
such bond on such date, or
``(ii) the amount of interest which would
have been payable under such bond on such date
if such interest were determined at the
applicable credit rate determined under section
54A(b)(3) with respect to such bond,
``(D) interest on any such bond shall be includible
in gross income for purposes of this title, and
``(E) no credit shall be allowed under section 54A
with respect to such bond.
``(2) Specified tax credit bond.--For purposes of this
subsection, the term `specified tax credit bond' means any
qualified tax credit bond (as defined in section 54A(d)) if--
``(A) such bond is a qualified zone academy bond
(as defined in section 54E) or a qualified school
construction bond (as defined in section 54F), and
``(B) the issuer of such bond makes an irrevocable
election to have this subsection apply.''.
(b) Technical Corrections Relating to Qualified School Construction
Bonds.--
(1) The second sentence of section 54F(d)(1) of such Code
is amended by striking ``by the State'' and inserting ``by the
State education agency (or such other agency as is authorized
under State law to make such allocation)''.
(2) The second sentence of section 54F(e) of such Code is
amended by striking ``subsection (d)(4)'' and inserting
``paragraphs (2) and (4) of subsection (d)''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by this section shall apply to
bonds issued after December 31, 2009.
(2) Technical corrections.--The amendments made by
subsection (b) shall take effect as if included in section 1521
of the American Recovery and Reinvestment Tax Act of 2009.
CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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, $500,000,000: Provided,
That such funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
such title: Provided further, That the Secretary shall distribute funds
provided under this heading as discretionary grants to airports using
the criteria established under chapters 471 and 475 of such title, but
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 the Secretary shall award grants
under this heading within 120 days of enactment of this Act: 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
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 the amounts provided under this heading may be
used for expenses the agency incurs in administering this program in
addition to amounts provided for administrative expenses for the
Grants-in-Aid Airport Improvement Program from any other Act.
Federal Highway Administration
highway infrastructure investment
For an additional amount for ``Highway Infrastructure Investment''
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, 2011:
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 in selecting projects to be carried out with funds apportioned
under this heading, States shall ensure an equitable geographic
distribution of funds and an appropriate balance in addressing the
needs of urban and rural communities in the State: Provided further,
That 90 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 less the amount of funding
under contract, as determined by the Secretary, 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 funds
that are not under contract, as determined by the Secretary, and the
Secretary shall redistribute such amounts to 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 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 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 paragraph 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 2010 and 2011
in any other Act for ``Federal-aid Highways'' and shall not affect the
distribution of funds provided for ``Federal-aid Highways'' in any
other Act: Provided further, That the amount made available under this
heading shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs set forth
in any Act: 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 $45,000,000 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, of which $5,000,000 shall be for the Office of Expedited Project
Delivery in the Office of the Administrator of the Federal Highway
Administration, and such funds shall be available through September 30,
2013.
Federal Railroad Administration
capital grants to the national railroad passenger corporation
For an additional amount for ``Capital Grants to the National
Railroad Passenger Corporation'' to enable the Secretary of
Transportation to make capital grants to The National Railroad
Passenger Corporation (Amtrak) as authorized by section 101(c) of the
Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-
432), $800,000,000, for fleet modernization, including rehabilitation
of existing and acquisition of new passenger equipment, including fuel
efficient locomotives: Provided, That none of the funds provided under
this heading shall be used to subsidize the operating losses of Amtrak:
Provided further, That section 24305(f)(4)(B) of title 49, United
States Code, shall not apply to any new equipment acquired with funds
provided under this heading: Provided further, That funds provided
under this heading shall be awarded not later than 60 days after the
date of enactment of this Act.
Federal Transit Administration
transit capital assistance
For an additional amount for ``Transit Capital Assistance'' for
transit capital assistance grants authorized under section 5302(a)(1)
of title 49, United States Code, $6,150,000,000: 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 90
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 under contract, as determined by the Secretary,
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 funds
that are not under contract, as determined by the Secretary, 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 commingled with
any prior year funds: Provided further, That a recipient and
subrecipient of funds made available under this heading may use up to
10 percent of the amount apportioned to a State or urbanized area for
the operating costs of equipment and facilities for use in public
transportation or for eligible activities under section 5311(f):
Provided further, That in selecting projects to be carried out with
funds apportioned under this heading, priority shall be given to
projects that 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 in selecting
projects to be carried out with funds apportioned under this heading,
States shall ensure an equitable geographic distribution of funds and
an appropriate balance in addressing the needs of urban and rural
communities in the State: 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,
2013.
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under section
5309(b)(2) of title 49, United States Code, $1,750,000,000: 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 90 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 less the amount of funding under contract, as determined by the
Secretary, and the Secretary shall redistribute such amounts to other
urbanized areas 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 any funds that are
not under contract, as determined by the Secretary, and the Secretary
shall redistribute such amounts to other urbanized areas 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, the Secretary of Transportation may
provide an extension of such 1-year period if he feels satisfied that
the urbanized area 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 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, 2013.
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, $500,000,000, of which
$1,500,000 shall be for the Office of Expedited Project Delivery in the
Office of the Administrator of the Federal Transit Administration:
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 able to award contracts within 90 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, 2013: Provided further, That, notwithstanding any
other provision of law, the provisions of section 3011(f) of Public Law
109-59 shall apply to all projects evaluated under sections 5309(d) and
5309(e) of title 49, United States Code, and funded in fiscal years
2010 and 2011 with funds made available in the Act or any other Act.
Maritime Administration
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $100,000,000:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: 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
carry out the guaranteed loan program.
General Provision, Department of Transportation
Sec. 1601. (a) Maintenance of Effort.--
(1) Certification.--
(A) Certification through september 30, 2010.--The
certification made by the Governor of each State under
section 1201(a) of division A of the American Recovery
and Reinvestment Act of 2009 (Pubic Law 111-5, 123
Stat. 115, 212) shall continue in effect under this
Act.
(B) Certification through september 30, 2011.--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 shall submit to the Secretary of
Transportation a statement identifying the amount of
State funds the State planned to expend from State
sources as of the date of enactment of this Act for the
period of October 1, 2010, through September 30, 2011,
for the types of projects that are funded by the
appropriation. For the period of October 1, 2010,
through September 30, 2011, the Governor of a State may
calculate planned expenditures from State funds in the
same manner as under section 1201(a) of division A of
the American Recovery and Reinvestment Act of 2009 or
may calculate the amount by pro rating the amount
certified under section 1201(a) of division A of the
American Recovery and Reinvestment Act of 2009 to
establish the amount of planned expenditures for such
period.
(2) Definition of state funds.--For purposes of the
certifications required by section 1201(a) of division A of the
American Recovery and Reinvestment Act of 2009 and paragraph
(1)(B), State funding means State funds used for transportation
purposes that are expended by the State agency that is
primarily responsible for carrying out the covered program.
State funding does not include State transportation funds that
are expended by or at the direction of non-State governmental
entities.
(b) Requirement to Maintain Effort.--
(1) Reports.--Each State shall submit to the Department of
Transportation for each covered program the actual aggregate
expenditures from State funds during the period of February 17,
2009, through September 30, 2011, as compared to the level of
such expenditures from State funds that were planned to occur
during such period as certified in accordance with subsection
(a). The State shall submit the maintenance of effort reports
in the same manner and in the same timeframe required by
subsection (c), except the State is not required to submit a
maintenance of effort report on February 17, 2013. The covered
agencies shall submit the reports to Congress in accordance
with subsection (c)(1).
(2) Determination of maintenance of effort.--A State is
deemed to have met its level of effort if the aggregate amount
of actual expenditures of State funds reported in the February
17, 2012 report in accordance with paragraph (1) meets or
exceeds the aggregate amount of planned expenditures of State
funds identified in the certification required by subsection
(a).
(3) Penalty for 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 2012.
(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 chapter for the Department of
Transportation 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 chapter for the
Department of Transportation, 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; and
(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.
(3) Timing of reports.--Each grant recipient shall submit
the first of the periodic reports required under this
subsection not later than 1 year after the date of enactment of
the American Recovery and Reinvestment Act of 2009 and shall
submit updated reports not later than 15 months, 18 months, 2
years, 3 years, and 4 years after such date of enactment.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered agency.--The term ``covered agency'' means 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 ``Grants-in-Aid for
Airports'' to the Federal Aviation Administration; for
``Highway Infrastructure Investment'' to the Federal Highway
Administration; for ``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 for ``Maritime
Guaranteed Loan (Title XI) Program Account'' 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) Exemption.--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) (in this heading referred to as the
``Act''), $1,000,000,000: Provided, That the Secretary of Housing and
Urban Development shall make the funds provided under this heading
available 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 the funds provided under
this heading by such competition within 60 days of the date of the
enactment of this Act: Provided further, That in using the funds
provided under this heading public housing authorities shall give
priority to capital projects that can award contracts based on bids
within 120 days from the date that the funds are made available to the
public housing authorities: Provided further, That in using such funds
provided under this heading public housing agencies shall give priority
consideration to the rehabilitation of vacant rental units: Provided
further, That in using such funds provided under this heading public
housing agencies shall prioritize capital projects that are already
underway or included in the 5-year capital fund plans required by
section 5A of the Act (42 U.S.C. 1437c-1(a)): Provided further, That
notwithstanding any other provision of law, funds provided under this
heading (1) may not be used for operating or rental assistance
activities, and (2) shall not be subject to any restriction of funding
to replacement housing uses: Provided further, That notwithstanding
section 9(j) of the Act, public housing agencies shall obligate 50
percent of the funds provided under this heading within 180 days of the
date on which such funds become available to the agency for obligation,
and shall expend 100 percent of such funds within one year of the date
on which such funds become available to the agency for obligation:
Provided further, That if a public housing agency fails to comply with
the 180-day obligation requirement under the preceding proviso, the
Secretary shall recapture all funds provided under this heading awarded
to the public housing agency that remain unobligated and reallocate
such funds to agencies that are in compliance with such requirement:
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 such
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 preceding 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 funds
provided under this heading.
Community Planning and Development
housing trust fund
For the Housing Trust Fund established pursuant to section 1338 of
the Federal Housing Enterprises Financial Safety and Soundness Act of
1992 (12 U.S.C. 4568), $1,065,000,000, for use under such section:
Provided, That of the total amount provided under this heading,
$65,000,000 shall be available to the Secretary of Housing and Urban
Development only for incremental project-based voucher assistance or
project-based rental assistance, to be allocated to States pursuant to
the formula established under such section 1338, to be used solely in
conjunction with grant funds awarded under such section 1338.
CHAPTER 7--GENERAL PROVISIONS, THIS TITLE
tarp reduction
Sec. 1701. The limitation under section 115(a)(3) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) in effect on
the date of the enactment of this Act is decreased by $150,000,000,000.
limit on funds
Sec. 1702. All funds provided under this title shall be subject to
the requirements of section 1604 of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5).
recovery act reporting requirements
Sec. 1703. (a) Funds made available by this title shall be subject
to the reporting, transparency, and oversight requirements established
by title XV of division A of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5), on the same basis as funds made available
in division A of that Act.
(b) Amounts appropriated in division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) to any Office of Inspector
General or to the Recovery Accountability and Transparency Board shall
also be available for the same purposes with respect to any programs,
grants, projects, and activities for which funds are made available by
this title.
TITLE II--SURFACE TRANSPORTATION EXTENSION
short title
Sec. 2001. This title may be cited as the ``Surface Transportation
Extension Act of 2009''.
federal-aid highways
Sec. 2002. (a) In General.--
(1) Applicability of provisions.--Except as provided in
this title, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the
SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572),
titles I and VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the
Transportation Equity Act for the 21st Century (112 Stat. 107),
and title 23, United States Code (excluding chapter 4 of that
title), which would otherwise expire on or cease to apply after
September 30, 2009, or the date specified in section 106(3) of
the Continuing Appropriations Resolution, 2010 (Public Law 111-
68), are incorporated by reference and shall continue in effect
through September 30, 2010.
(2) Authorization of appropriations.--Except as provided in
subsection (b), there are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
for fiscal year 2010 an amount equal to the sum of the amounts
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) for programs, projects,
and activities for fiscal year 2009 under titles I, V, and VI
of SAFETEA-LU (119 Stat. 1144) and title 23, United States Code
(excluding administrative expenses under section 104(a) and
programs, projects, and activities under chapter 4 of that
title), minus $1,394,358,419.
(3) Use of funds.--
(A) Fiscal year 2010.--Except as otherwise
expressly provided in this title, funds authorized to
be appropriated under paragraph (2) for fiscal year
2010 shall be distributed, administered, limited, and
made available for obligation in the same manner as the
total amount of funds authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) for fiscal year 2009 to carry out programs,
projects, activities, eligibilities, and requirements
under SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU
Technical Corrections Act of 2008 (122 Stat. 1572),
titles I and VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914),
titles I and V of the Transportation Equity Act for the
21st Century (112 Stat. 107), and title 23, United
States Code (excluding chapter 4 of that title).
(B) Calculation.--The amounts authorized to be
appropriated under paragraph (2) shall be calculated
without regard to any rescission or cancellation of
funds or contract authority for fiscal year 2009 under
SAFETEA-LU (119 Stat. 1144) or any other law.
(C) Distribution between programs.--Funds
authorized to be appropriated under paragraph (2) shall
be distributed under subparagraph (A) among programs,
projects, and activities referenced in such
subparagraph in the ratio that--
(i) the amount authorized to be
appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) for such
program, project, or activity for fiscal year
2009; bear to
(ii) the amount authorized to be
appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) for all
such programs, projects, and activities for
fiscal year 2009.
(D) Contract authority.--
(i) In general.--Except as provided in
clause (ii), funds authorized to be
appropriated under this subsection shall be
available for obligation in the same manner as
if such funds were apportioned under chapter 1
of title 23, United States Code, and subject to
a limitation on obligations for Federal-aid
highways and highway safety construction
programs included in an Act making
appropriations for fiscal year 2010.
(ii) Exceptions.--
(I) In general.--A limitation on
obligations described in clause (i)
shall not apply to any obligation
under--
(aa) section 125 of title
23, United States Code; or
(bb) section 105 of title
23, United States Code, but
only in an amount equal to
$639,000,000.
(II) Special rules.--Except as
otherwise expressly provided by this
title, any special rule that applied in
fiscal year 2009 to any program,
project, or activity for which funds
are authorized to be appropriated under
paragraph (2) shall continue to apply
through September 30, 2010.
(4) Extension and flexibility for certain allocated
programs.--
(A) Fiscal year 2010.--
(i) In general.--Notwithstanding any other
provision of law, for fiscal year 2010, the
portion of the share of funds of a State under
paragraph (2) determined by the amount that the
State received or was authorized to receive for
fiscal year 2009 to carry out sections 1307,
1702, and 1934 of SAFETEA-LU (119 Stat. 1217,
1256, and 1485) and section 144(f)(1) of title
23, United States Code, shall be--
(I) made available to the State for
programs specified in section 105(a)(2)
of title 23, United States Code (except
the high priority projects program),
and in the same proportion for each
such program that--
(aa) the amount apportioned
to the State for that program
for fiscal year 2009; bears to
(bb) the amount apportioned
to the State for fiscal year
2009 for all such programs; and
(II) administered in the same
manner and with the same period of
availability as such funding is
administered under programs identified
in clause (i), except that no funds may
be used to carry out the project
described in section 1307(d)(1) of
SAFETEA-LU (119 Stat. 1217; 122 Stat.
1577).
(ii) Territories and puerto rico.--
(I) In general.--Notwithstanding
any other provision of law, the portion
of the share of funds of a territory or
Puerto Rico under paragraph (2)
determined by the amount that the
territory or Puerto Rico received or
was authorized to receive for fiscal
year 2009 to carry out section 1934 of
SAFETEA-LU (119 Stat. 1485), shall be--
(aa) for a territory, made
available and administered in
the same manner as funding is
made available and administered
under section 215 of title 23,
United States Code; and
(bb) for Puerto Rico, made
available and administered in
the same manner as funding is
made available and administered
under section 165 of title 23,
United States Code.
(II) Territory defined.--In this
clause, the term ``territory'' means
any of the following territories of the
United States: American Samoa, the
Commonwealth of the Northern Mariana
Islands, Guam, or the United States
Virgin Islands.
(B) Additional funds.--
(i) In general.--No additional funds shall
be provided for any project or activity under
paragraph (3)(A) that the Secretary of
Transportation determines was sufficiently
funded before or during fiscal year 2009 to
achieve the authorized purpose of the project
or activity.
(ii) Reservation and redistribution among
states.--
(I) In general.--Funds made
available in accordance with paragraph
(3)(A) for a project or activity
described in clause (i) shall be--
(aa) reserved by the
Secretary of Transportation;
and
(bb) apportioned among all
States such that each State's
share of funds so apportioned
is equal to the State's share
for fiscal year 2009 of funds
apportioned or allocated for
the programs specified in
subclause (II).
(II) Specific programs.--The
programs referred to in subclause (I)
are--
(aa) the programs listed in
section 105(a)(2) of title 23,
United States Code;
(bb) the program authorized
by section 144(f)(1) of such
title; and
(cc) the program authorized
by section 1934 of SAFETEA-LU
(119 Stat. 1485).
(iii) Distribution among programs.--Funds
apportioned to a State pursuant to clause (ii)
shall be--
(I) made available to the State for
programs specified in section 105(a)(2)
of title 23, United States Code (except
the high priority projects program),
and in the same proportion for each
such program that--
(aa) the amount apportioned
to the State for that program
for fiscal year 2009; bears to
(bb) the amount apportioned
to the State for fiscal year
2009 for all such programs; and
(II) administered in the same
manner and with the same period of
availability as such funding is
administered under programs identified
in subclause (I).
(C) Competitive distribution of certain
discretionary funds.--
(i) Projects of national and regional
significance.--Notwithstanding section 1301(m)
of SAFETEA-LU (119 Stat. 1202), the Secretary
shall allocate funds authorized to be
appropriated under paragraph (2) for the
projects of national and regional significance
program on the basis of a competitive selection
process in accordance with sections 1301(d),
1301(e), and 1301(f) of that Act (119 Stat.
1199).
(ii) National corridor infrastructure
improvement program.--Notwithstanding section
1302(e) of SAFETEA-LU (119 Stat. 1205), the
Secretary shall allocate funds authorized to be
appropriated under paragraph (2) for the
national corridor infrastructure improvement
program on the basis of a competitive selection
process in accordance with section 1302(b) of
that Act (119 Stat. 1204).
(5) Extension of authorizations under title v of safetea-
lu.--
(A) In general.--The programs authorized under
paragraphs (1) through (5) of section 5101(a) of
SAFETEA-LU (119 Stat. 1779) shall be continued for
fiscal year 2010 at the funding levels authorized for
those programs for fiscal year 2009.
(B) Distribution of funds.--Funds for programs
continued under subparagraph (A) shall be distributed
to major program areas under those programs in the same
proportions as funds were allocated for those program
areas for fiscal year 2009, except that designations
for specific activities shall not be required to be
continued for fiscal year 2010.
(C) Additional funds.--
(i) In general.--No additional funds shall
be provided for any project or activity under
this paragraph that the Secretary of
Transportation determines was sufficiently
funded before or during fiscal year 2009 to
achieve the authorized purpose of the project
or activity.
(ii) Distribution.--Funds that would have
been made available under subparagraph (A) for
a project or activity but for the prohibition
under clause (i) shall be distributed in
accordance with subparagraph (B).
(b) Administrative Expenses.--
(1) Authorization of contract authority.--Notwithstanding
any other provision of this title or any other law, there is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account), $420,562,000 for
administrative expenses of the Federal-aid highway program for
fiscal year 2010.
(2) Contract authority.--Funds authorized to be
appropriated by this subsection shall be--
(A) available for obligation, and shall be
administered, in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code, except that such funds shall remain available
until expended; and
(B) subject to a limitation on obligations for
Federal-aid highways and highway safety construction
programs included in an Act making appropriations for
fiscal year 2010.
(c) Reconciliation of Funds.--The Secretary shall reduce the amount
apportioned or allocated for a program, project, or activity continued
under this section by any amount apportioned or allocated for such
program, project, or activity pursuant to the Continuing Appropriations
Resolution, 2010 (Public Law 111-68).
(d) References.--Except as otherwise expressly provided, any
reference in this section to an Act, or a provision contained in an
Act, shall be considered to include the amendments made by that Act or
provision.
extension of highway safety programs of national highway traffic safety
administration
Sec. 2003. (a) Chapter 4 Highway Safety Programs.--Section
2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$235,000,000 for fiscal year 2010''.
(b) Highway Safety Research and Development.--Section 2001(a)(2) of
such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$105,500,000 for fiscal year 2010''.
(c) Occupant Protection Incentive Grants.--
(1) Extension of program.--Section 405 of title 23, United
States Code, is amended--
(A) in subsection (a)(3) by striking ``6'' and
inserting ``7''; and
(B) in subsection (a)(4)(C) by striking ``in each
of the fifth and sixth fiscal years beginning after
September 30, 2003,'' and inserting ``in each
subsequent fiscal year''.
(2) Authorization of appropriations.--Section 2001(a)(3) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``,
and $25,000,000 for fiscal year 2010''.
(d) Safety Belt Performance Grants.--
(1) Extension of program.--Section 406(c)(1) of title 23,
United States Code, is amended by striking ``2009'' and
inserting ``2010''.
(2) Authorization of appropriations.--Section 2001(a)(4) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``,
and $124,500,000 for fiscal year 2010''.
(e) State Traffic Safety Information System Improvements.--Section
2001(a)(5) of such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$34,500,000 for fiscal year 2010''.
(f) Alcohol-Impaired Driving Countermeasures Incentive Grant
Program.--
(1) Extension of program.--Section 410 of title 23, United
States Code, is amended--
(A) in subsection (a)(3)(C) by striking ``in each
of the fifth, sixth, seventh, and eighth fiscal years''
and inserting ``in each subsequent fiscal year''; and
(B) in subsection (b)(2)(C) by striking ``and
2009'' and inserting ``, 2009, and 2010''.
(2) Authorization of appropriations.--Section 2001(a)(6) of
such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``,
and $139,000,000 for fiscal year 2010''.
(g) National Driver Register.--Section 2001(a)(7) of such Act (119
Stat. 1520) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``, and
$4,000,000 for fiscal year 2010''.
(h) High Visibility Enforcement Program.--
(1) Extension of program.--Section 2009(a) of such Act (23
U.S.C. 402 note; 119 Stat. 1535) is amended by striking
``2009'' and inserting ``2010''.
(2) Authorization of appropriations.--Section 2001(a)(8) of
such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the second place it
appears the following: ``, and $29,000,000 for fiscal
year 2010''.
(i) Motorcyclist Safety.--
(1) Extension of program.--Section 2010(d)(1)(B) of such
Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking
``and fourth'' and inserting ``fourth, and fifth''.
(2) Authorization of appropriations.--Section 2001(a)(9) of
such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``,
and $7,000,000 for fiscal year 2010''.
(j) Child Safety and Child Booster Seat Safety Incentive Grants.--
(1) Extension of program.--Section 2011(c)(2) of such Act
(23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking
``fourth fiscal year'' and inserting ``fourth and fifth fiscal
years''.
(2) Authorization of appropriations.--Section 2001(a)(10)
of such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the following: ``,
and $7,000,000 for fiscal year 2010''.
(k) Administrative Expenses.--Section 2001(a)(11) of such Act (119
Stat. 1520) is amended--
(1) by striking ``and'' the last place it appears; and
(2) by inserting after ``2009'' the following: ``, and
$18,500,000 for fiscal year 2010''.
(l) Applicability of Title 23.--Section 2001(c) of such Act (119
Stat. 1520) is amended by striking ``2009'' and inserting ``2010''.
(m) Drug-impaired Driving Enforcement.--Section 2013(f) of such Act
(23 U.S.C. 403 note; 119 Stat. 1540) is amended by striking ``2009''
and inserting ``2010''.
(n) Older Driver Safety; Law Enforcement Training.--Section 2017 of
such Act (23 U.S.C. 402 note; 119 Stat. 1541) is amended--
(1) in subsection (a)(1) by striking ``2009'' and inserting
``2010''; and
(2) in subsection (b)(2) by striking ``2009'' and inserting
``2010''.
extension of federal motor carrier safety administration programs
Sec. 2004. (a) Motor Carrier Safety Grants.--Section 31104(a) of
title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $212,070,000 for fiscal year 2010.''.
(b) Administrative Expenses.--Section 31104(i)(1) of title 49,
United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $239,828,000 for fiscal year 2010.''.
(c) High Priority Activities.--Section 31104(k)(2) of title 49,
United States Code, is amended by striking ``2009'' and inserting
``2010''.
(d) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715)
is amended--
(1) in paragraph (1) by striking ``2009'' and inserting
``2010'';
(2) in paragraph (2) by striking ``and 2009'' and inserting
``2009, and 2010'';
(3) in paragraph (3) by striking ``and 2009'' and inserting
``2009, and 2010'';
(4) in paragraph (4) by striking ``2009'' and inserting
``2010''; and
(5) in paragraph (5) by striking ``2009'' and inserting
``2010''.
(e) Commercial Driver's License Information System Modernization.--
Section 4123(d) of SAFETEA-LU (119 Stat. 1736) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) $8,000,000 for fiscal year 2010.''.
(f) Outreach and Education.--Section 4127(e) of such Act (119 Stat.
1741) is amended by striking ``and 2009'' and inserting ``2009, and
2010''.
(g) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of such Act (119 Stat. 1744) is amended by striking ``2009''
and inserting ``2010''.
(h) Working Group for Development of Practices and Procedures to
Enhance Federal-State Relations.--Section 4213(d) of such Act (119
Stat. 1759) is amended by striking ``2009'' and inserting ``2010''.
(i) Office of Intermodalism.--Section 5503(i) of title 49, United
States Code, is amended by striking ``2009'' and inserting ``2010''.
extension of federal transit assistance programs
Sec. 2005. (a) Extension of Transit Programs.--Except as otherwise
provided in this title, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized under title
III of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572), title III of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2087), title
III of the Transportation Equity Act for the 21st Century (112 Stat.
338), and chapter 53 of title 49, United States Code, which would
otherwise expire on or cease to apply after September 30, 2009, or the
date specified in section 106(3) of the Continuing Appropriations
Resolution, 2010 (Public Law 111-68), are incorporated by reference and
shall continue in effect through September 30, 2010.
(b) Authorizations.--For fiscal year 2010--
(1) there shall be available from the Mass Transit Account
of the Highway Trust Fund $8,343,171,000 for each Federal
transit assistance program under section 5338(b) of title 49,
United States Code, to be allocated among such programs in
proportion to the amounts provided for each such program in
fiscal year 2009; and
(2) there is authorized to be appropriated $2,164,581,000
for each Federal transit program under subsections (c) and (d)
of section 5338 of title 49, United States Code, and for
administrative expenses under subsection (e) of such section.
(c) Exceptions.--
(1) Projects for bus and bus-related facilities and clean
fuels grant program.--The project designations contained in
section 3044 of SAFETEA-LU (119 Stat. 1652) shall not apply to
funds made available under subsection (b)(1).
(2) Allocations for national research and technology
programs.--A program, project, or activity identified in
section 3046 of SAFETEA-LU (119 Stat. 1706) that the Secretary
of Transportation determines was sufficiently funded before or
during fiscal year 2009 to achieve the authorized purpose of
the program, project, or activity shall not be eligible for
funds authorized to be appropriated under subsection (b)(2).
(d) Contract Authority.--A grant or contract approved by the
Secretary and financed with amounts made available from the Mass
Transit Account of the Highway Trust Fund through September 30, 2010,
to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317,
5320, 5335, 5339 and 5340 of title 49, United States Code, and section
3038 of the Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note; 112 Stat. 392) is a contractual obligation of the Government
to pay the Federal share of the cost of the project.
(e) Reconciliation of Funds.--The Secretary shall reduce the amount
apportioned or allocated for a program, project, or activity continued
under this section by any amount apportioned or allocated for such
program, project, or activity pursuant to the Continuing Appropriation
Resolution, 2010 (Public Law 111-68).
(f) References.--Except as otherwise expressly provided, any
reference in this section to an Act, or a provision contained in an
Act, shall be considered to include the amendments made by that Act or
provision.
boating safety extension
Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777c) is amended--
(1) in subsection (a) by striking ``2009, and the period
from October 1, 2009, through the date specified in section
106(3) of the first Continuing Appropriations Resolution for
Fiscal Year 2010 enacted into law,'' and inserting ``2010,'';
and
(2) in subsection (b)(1)(A) by striking ``2009 and the
period from October 1, 2009, through the date specified in
section 106(3) of the first Continuing Appropriations
Resolution for Fiscal Year 2010 enacted into law,'' and
inserting ``2010,''.
level of obligation limitations
Sec. 2007. (a) Highway Category.--Section 8003(a) of SAFETEA-LU
(119 Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) for fiscal year 2010, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU (119
Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) for fiscal year 2010, $10,338,065,000.''.
hazardous materials research
Sec. 2008. Section 7131(c) of SAFETEA-LU (119 Stat. 1910) is
amended by striking ``2009'' and inserting ``2010''.
extension and expansion of expenditure authority from trust funds
Sec. 2009. (a) Highway Trust Fund.--
(1) Highway account.--Paragraph (1) of section 9503(c) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``September 30, 2009 (October 1,
2009'' and inserting ``September 30, 2010 (October 1,
2010'', and
(B) by striking ``under'' and all that follows and
inserting ``under the Surface Transportation Extension
Act of 2009 or any other provision of law which was
referred to in this paragraph before the date of the
enactment of such Act (as such Act and provisions of
law are in effect on the date of the enactment of such
Act).''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) by striking ``October 1, 2009'' and inserting
``October 1, 2010'', and
(B) by striking ``in accordance with'' and all that
follows and inserting ``in accordance with the Surface
Transportation Extension Act of 2009 or any other
provision of law which was referred to in this
paragraph before the date of the enactment of such Act
(as such Act and provisions of law are in effect on the
date of the enactment of such Act).''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(6) of such Code is amended by striking
``September 30, 2009 (October 1, 2009'' and inserting
``September 30, 2010 (October 1, 2010''.
(b) Sport Fish Restoration and Boating Trust Fund.--
(1) In general.--Paragraph (2) of section 9504(b) of such
Code is amended--
(A) by striking ``(as in effect'' in subparagraph
(A) and all that follows in such subparagraph and
inserting ``(as in effect on the date of the enactment
of the Surface Transportation Extension Act of
2009),'',
(B) by striking ``(as in effect'' in subparagraph
(B) and all that follows in such subparagraph and
inserting ``(as in effect on the date of the enactment
of the Surface Transportation Extension Act of 2009),
and'', and
(C) by striking ``(as in effect'' in subparagraph
(C) and all that follows in such subparagraph and
inserting ``(as in effect on the date of the enactment
of the Surface Transportation Extension Act of
2009).''.
(2) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October
1, 2009'' and inserting ``October 1, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on September 30, 2009.
determination of highway trust fund balances
Sec. 2010. (a) Restoration of Certain Foregone Interest to Highway
Trust Fund.--Subsection (f) of section 9503 of the Internal Revenue
Code of 1986 (relating to determination of trust fund balances after
September 30, 1998) is amended--
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraph:
``(2) Restoration of foregone interest.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated (without fiscal year limitation)--
``(A) $14,700,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) of the Highway Trust
Fund, and
``(B) $4,800,000,000 to the Mass Transit Account of
the Highway Trust Fund.''.
(b) Repeal of Provision Prohibiting Crediting of Interest to
Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(f) of such
Code is amended by striking subparagraph (B).
(2) Conforming amendments.--Such paragraph, as amended by
paragraph (1), is further amended--
(A) by striking ``, and'' at the end of
subparagraph (A) and inserting a period, and
(B) by striking ``1998'' in the matter preceding
subparagraph (A) and all that follows through ``the
opening balance'' and inserting ``1998, the opening
balance''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
repeal of transfers from highway trust fund for repayments and credits
Sec. 2011. (a) In General.--Subsection (c) of section 9503 of the
Internal Revenue Code of 1986 is amended by striking paragraph (2) and
by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2),
(3), (4), and (5).
(b) Conforming Amendments.--
(1) Section 9502(a) of such Code is amended by striking
``section 9503(c)(7)'' and inserting ``section 9503(c)(5)''.
(2) Section 9503(b)(4)(D) of such Code is amended by
striking ``paragraph (4)(D) or (5)(B)'' and inserting
``paragraph (3)(D) or (4)(B)''.
(3) Section 9503(c)(2) of such Code, as redesignated by
subsection (a), is amended by adding at the end the following
sentence: ``The amounts payable from the Highway Trust Fund
under the preceding sentence shall be determined by taking into
account only the portion of the taxes which are deposited into
the Highway Trust Fund.''.
(4) Section 9503(e)(5)(A) of such Code is amended by
striking ``paragraphs (2), (3), and (4)'' and inserting
``paragraphs (2) and (3)''.
(5) Section 9504(a) of such Code is amended by striking
``section 9503(c)(4), section 9503(c)(5)'' and inserting
``section 9503(c)(3), section 9503(c)(4)''.
(6) Section 9504(b)(2) of such Code is amended by striking
``section 9503(c)(5)'' and inserting ``section 9503(c)(4)''.
(7) Section 9504(e) of such Code is amended by striking
``section 9503(c)(4)'' and inserting ``section 9503(c)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid, and credits allowed with respect to fuel used,
in calendar quarters beginning after the date of the enactment of this
Act.
federal share
Sec. 2012. (a) In General.--Notwithstanding any other provision of
law, the Federal share of the cost of a covered project or activity (or
portion of a covered project or activity) funded with amounts obligated
during the period beginning on the date of enactment of this Act and
ending on September 30, 2010, shall be, at the option of the recipient,
up to 100 percent.
(b) Covered Project or Activity Defined.--
(1) In general.--In this section, the term ``covered
project or activity'' means a project or activity eligible for
assistance under titles I through VI of SAFETEA-LU (119 Stat.
1144), the SAFETEA-LU Technical Corrections Act of 2008 (122
Stat. 1572), titles I through VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914), titles
I through V of the Transportation Equity Act for the 21st
Century (112 Stat. 107), title 23, United States Code, chapter
53 of title 49, United States Code, chapter 303 of title 49,
United States Code, or part B of subtitle VI of title 49,
United States Code.
(2) Exclusions.--Notwithstanding paragraph (1), the term
does not include a project or activity funded pursuant to--
(A) section 1301 or 1302 of SAFETEA-LU (119 Stat.
1198, 1204);
(B) section 5309(d) or 5309(e) of title 49, United
States Code;
(C) the national infrastructure investments program
in the Office of the Secretary of Transportation; or
(D) section 122 of the Department of Transportation
Appropriations Act, 2010.
(c) References.--Any reference in this section to an Act, or a
provision contained in an Act, shall be considered to include the
amendments made by that Act or provision.
buy america requirements for highway and public transportation projects
Sec. 2013. (a) Highways.--Section 313 of title 23, United States
Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (b) the following:
``(c) Requirements for Issuance of Waivers.--
``(1) Public interest waivers.--The Secretary may issue a
waiver under subsection (b)(1) only after the Secretary has
considered the potential impacts of the waiver on domestic
manufacturing employment.
``(2) Insufficient domestic source waivers.--The Secretary
may issue a waiver under subsection (b)(2) with respect to a
material or product only if the Secretary publishes notice of
the waiver on the Internet for a period of at least 5 business
days prior to issuance of the waiver and a sufficient domestic
source of the material or product does not identify itself
during the period.
``(d) Transparency of Waivers.--
``(1) In general.--When the Secretary receives a written
request for a waiver under this section, the Secretary shall--
``(A) publish the request on the Internet within 5
business days of the date of receipt of the request;
and
``(B) if the Secretary decides to issue a waiver
based on the request, publish on the Internet, within
30 days following the date of issuance of the waiver, a
detailed written justification as to why the waiver is
necessary, including an identification of the amount of
Federal funds associated with the waiver.
``(2) Employment impact statement.--In issuing a waiver
based on a finding under subsection (b)(1), the Secretary shall
include, as part of the Secretary's written justification for
the waiver decision, a statement detailing the short- and long-
term impact of the decision on domestic manufacturing
employment.''; and
(3) by adding at the end the following:
``(i) Application to Bridge Projects.--In the case of a bridge
project, the requirements of this section apply to all construction
contracts carried out within the scope of the applicable decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and carried out on the bridge from abutment to abutment (including the
abutments) regardless of the funding source of the contracts if at
least one contract for construction with respect to the bridge is
funded with amounts made available under this title.''.
(b) Public Transportation.--Section 5323(j) of title 49, United
States Code, is amended--
(1) in paragraph (2)(C) in the matter preceding clause (i)
by inserting ``, but excluding a rolling stock prototype''
after ``equipment'';
(2) by redesignating paragraphs (3) through (9) as
paragraphs (5) through (11), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Requirements for issuance of waiver.--
``(A) Public interest waivers.--The Secretary may
issue a waiver under paragraph (2)(A) only after the
Secretary has considered the potential impacts of the
waiver on domestic manufacturing employment.
``(B) Insufficient domestic source waivers.--The
Secretary may issue a waiver under paragraph (2)(B)
with respect to a material or product only if the
Secretary publishes notice of the waiver on the
Internet for a period of at least 5 business days prior
to issuance of the waiver and a sufficient domestic
source of the material or product does not identify
itself during the period.
``(4) Transparency of waivers.--
``(A) In general.--When the Secretary receives a
written request for a waiver under this subsection, the
Secretary shall--
``(i) publish the request on the Internet
within 5 business days of the date of receipt
of the request; and
``(ii) if the Secretary decides to issue a
waiver based on the request, publish on the
Internet, within 30 days following the date of
issuance of the waiver, a detailed written
justification as to why the waiver is
necessary, including an identification of the
amount of Federal funds associated with the
waiver.
``(B) Employment impact statement.--In issuing a
waiver based on a finding under paragraph (2)(A), the
Secretary shall include, as part of the Secretary's
written justification of the waiver decision, a
statement detailing the short- and long-term impact of
the decision on domestic manufacturing employment.''.
(c) Implementation.--
(1) Final guidance.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue final
guidance to carry out the amendments made by this section.
(2) Effective date.--The requirements of the amendments
made by subsections (a) and (b) shall begin to apply only after
issuance of final guidance by the Secretary under paragraph
(1).
(d) Semiannual Report.--Not later than 6 months after the date of
enactment of this Act, and semiannually thereafter through September
30, 2011, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure and the Committee on Education and
Labor of the House of Representatives and the Committee on Environment
and Public Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Health, Education, Labor, and Pensions of the
Senate a report on the number of waivers issued by the Secretary of
Transportation under section 313(b) of title 23, United States Code,
and section 5323(j)(2) of title 49, United States Code, the reasons
relied upon for issuing the waivers, and the amount of Federal funds
associated with each waiver and in total for the period examined.
TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
General Provision, This Chapter
relief for discrimination in a credit program of the department of
agriculture under the equal credit opportunity act
Sec. 3101. (a) In General.--To the extent permitted by the
Constitution, and notwithstanding any other period of limitations, in
the case of an eligible complaint alleging discrimination in violation
of the Equal Credit Opportunity Act (15 U.S.C. 1691) involving a credit
program of the Department of Agriculture, a complainant may, before the
end of the filing period--
(1) file a civil action under subsection (c); or
(2) request administrative review under subsection (d).
(b) Eligible Complaint.--For purposes of this section, the term
``eligible complaint'' means any written complaint--
(1) that is not employment related;
(2) that was filed with the Department of Agriculture after
December 31, 1997, and before the earlier of--
(A) 2 years after the date of the alleged violation
of the Equal Credit Opportunity Act; and
(B) the date of the enactment of this Act; and
(3) with respect to which the complainant--
(A) was not a party to the consent decree in the
case entitled ``Pigford v. Glickman'', approved by the
United States District Court for the District of
Columbia on April 14, 1999; and
(B) has not obtained relief from the Department of
Agriculture or a court of competent jurisdiction.
(c) Civil Action.--A civil action may be filed under this
subsection if, with respect to the eligible complaint, the
complainant--
(1) has not requested administrative review; or
(2) has requested administrative review, and the Secretary,
with respect to each request, has either--
(A) issued a determination; or
(B) failed to issue a determination by a date that
is 180 days after the date such request was made.
(d) Administrative Review.--Administrative review may be requested
under this subsection as follows:
(1) Determination on the merits.--A complainant may request
a determination on the merits if the complainant, with respect
to the eligible complaint, has not filed a civil action.
(2) Hearing on the record.--A complainant may request a
hearing on the record if the complainant, with respect to the
eligible complaint--
(A) has not filed a civil action;
(B) has requested a determination on the merits,
and the Secretary has not issued such determination by
the issuance deadline in subsection (f)(2)(A); and
(C) requests such hearing no later than 180 days
after the issuance deadline in subsection (f)(2)(A).
(e) Informal Resolution.--Notwithstanding any other provision of
this section, the Secretary may informally resolve an eligible
complaint with a complainant.
(f) Special Rules for Administrative Review.--For purposes of this
section:
(1) Requests for administrative review.--A request for
administrative review shall be--
(A) in writing; and
(B) filed in accordance with procedures established
by the Secretary.
(2) Responsibility of secretary.--If a complainant requests
a determination on the merits under subsection (d)(1), then,
unless a complainant, with respect to the eligible complaint,
files a civil action or requests a hearing on the record, the
Secretary shall, with respect to the eligible complaint, take
the following actions:
(A) Issuance of determination.--The Secretary
shall, not later than an issuance deadline that is 1
year after the date on which the complainant requests a
determination on the merits--
(i) investigate the eligible complaint; and
(ii) issue a written determination.
(B) Notice of failure to issue timely
determination.--If the Secretary does not issue a
written determination by the issuance deadline in
subparagraph (A), the Secretary shall promptly issue to
the complainant, in writing and by registered mail,
notice--
(i) that the Secretary has not issued a
timely determination; and
(ii) of the period of time during which the
complainant may bring a civil action or request
a hearing on the record.
(3) Finality of determination with respect to hearing on
the record.--A determination with respect to a hearing on the
record shall be final.
(4) Judicial review of administrative determination.--A
determination on the merits or a determination with respect to
a hearing on the record shall be subject to de novo review.
(g) Filing Period.--
(1) In general.--For purposes of this section, the term
``filing period'' means the 2-year period beginning on the date
of enactment of this Act.
(2) Tolling.--The running of the filing period in paragraph
(1), for the purpose of filing a civil action under subsection
(c) or requesting a hearing on the record under subsection
(d)(2), shall be tolled for the period that, with respect to
the eligible complaint--
(A) begins on the date of a request for a
determination on the merits; and
(B) ends on the date on which the Secretary issues
a determination with respect to a determination on the
merits or a hearing on the record.
(h) Relief.--
(1) Amount.--Subject to paragraph (2), a complainant shall,
under subsection (a), and may, under subsection (e), be awarded
such relief as the complainant would be afforded under the
Equal Credit Opportunity Act, including--
(A) actual damages;
(B) the costs of the action, together with a
reasonable attorney's fee; and
(C) debt relief, including--
(i) write-downs or write-offs of the
principal on a loan;
(ii) write-downs or write-offs of the
interest on a loan;
(iii) reduction of the interest rate on a
loan;
(iv) waiver or reduction of penalties with
respect to a loan; or
(v) other modification of the terms of a
loan.
(2) Limitations on relief.--
(A) In general.--The total amount awarded under
this section for all claims shall not exceed
$100,000,000.
(B) Actual damages, costs, and attorney's fees.--
The sum of the total amount awarded under paragraph
(1)(A) for all claims, plus the total amount awarded
under paragraph (1)(B) for all claims, shall not exceed
$40,000,000.
(C) Debt relief.--The total amount awarded under
paragraph (1)(C) for all claims shall not exceed
$60,000,000.
(3) Exemption from taxation.--Any award under clauses (ii),
(iii), or (iv) of subparagraph (C) of paragraph (1) shall not
be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1986.
(i) Funding.--
(1) There is hereby appropriated to the Secretary, for
relief awarded under subsection (h)(1), $100,000,000, to remain
available until expended.
(2) Of the funds derived from interest on the cushion of
credit payments including funds in the current fiscal year, as
authorized by section 313 of the Rural Electrification Act of
1936, an additional $100,000,000 shall not be obligated and an
additional $100,000,000 are rescinded.
(j) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of Agriculture.
CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Small Business Administration
business loans program account
For an additional amount for ``Business Loans Program Account'' for
fee reductions and eliminations under section 501 of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and
for the cost of guaranteed loans under section 502 of such division,
$354,000,000: Provided, That such cost shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further, That
authority to guarantee loans under section 502 of division A of the
American Recovery and Reinvestment Act of 2009 shall remain in effect
through September 30, 2010, notwithstanding subsection (f) of such
section.
General Provision, This Chapter
rescissions
Sec. 3201. The following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
(1) ``National Telecommunications and Information
Administration--Digital-to-Analog Converter Box Program'' in
the Department of Commerce, $111,000,000.
(2) ``Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)'' of the Department of Agriculture,
$243,000,000, to be derived from unobligated balances available
from amounts placed in reserve in title I of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 115).
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
General Provisions, This Chapter
assistance for unemployed workers and struggling families
Sec. 3301. (a)(1) Section 4007 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(A) by striking ``December 31, 2009'' each place it appears
and inserting ``June 30, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``June 30, 2010''; and
(C) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``November 30, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``January 1, 2010''
and inserting ``July 1, 2010'';
(B) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``July 1, 2010''; and
(C) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``December 31, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``January 1, 2010'' each place it appears
and inserting ``July 1, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010'' and
inserting ``December 1, 2010''.
(4) Section 5 of the Unemployment Compensation Extension Act of
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking
``May 30, 2010'' and inserting ``November 30, 2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by
reason of'' and all that follows and inserting the following: ``by
reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling
Families Act;
``(B) the amendments made by sections 2 through 4
of the Worker, Homeownership, and Business Assistance
Act of 2009; and
``(C) the amendments made by section 3301(a)(1) of
the Jobs for Main Street Act, 2010; and''.
extension and improvement of premium assistance for cobra benefits
Sec. 3302. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) is amended by striking
``December 31, 2009'' and inserting ``June 30, 2010''.
(b) Extension of Maximum Duration of Assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``9 months''
and inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of such
section is further amended by adding at the end the following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively and
maintain cobra coverage.--In the case of any premium
for a period of coverage during an assistance eligible
individual's transition period, such individual shall
be treated for purposes of any COBRA continuation
provision as having timely paid the amount of such
premium if--
``(i) such individual was covered under the
COBRA continuation coverage to which such
premium relates for the period of coverage
immediately preceding such transition period,
and
``(ii) such individual pays, not later than
60 days after the date of the enactment of this
paragraph (or, if later, 30 days after the date
of provision of the notification required under
subparagraph (D)(ii)), the amount of such
premium, after the application of paragraph
(1)(A).
``(B) Refunds and credits for retroactive premium
assistance eligibility.--In the case of an assistance
eligible individual who pays, with respect to any
period of COBRA continuation coverage during such
individual's transition period, the premium amount for
such coverage without regard to paragraph (1)(A), rules
similar to the rules of paragraph (12)(E) shall apply.
``(C) Transition period.--
``(i) In general.--For purposes of this
paragraph, the term `transition period' means,
with respect to any assistance eligible
individual, any period of coverage if--
``(I) such period begins before the
date of the enactment of this
paragraph, and
``(II) paragraph (1)(A) applies to
such period by reason of the amendment
made by section 3302(b) of the Jobs for
Main Street Act, 2010.
``(ii) Construction.--Any period during the
period described in subclauses (I) and (II) of
clause (i) for which the applicable premium has
been paid pursuant to subparagraph (A) shall be
treated as a period of coverage referred to in
such paragraph, irrespective of any failure to
timely pay the applicable premium (other than
pursuant to subparagraph (A)) for such period.
``(D) Notification.--
``(i) In general.--In the case of an
individual who was an assistance eligible
individual at any time on or after October 31,
2009, or experiences a qualifying event
(consisting of a reduction of hours or
termination of employment) relating to COBRA
continuation coverage on or after such date,
the administrator of the group health plan (or
other entity) involved shall provide an
additional notification with information
regarding the amendments made by the Jobs for
Main Street Act, 2010 within 60 days after the
date of the enactment of such Act or, in the
case of a qualifying event occurring after such
date of enactment, consistent with the timing
of notifications under paragraph (7)(A).
``(ii) To individuals who lost
assistance.--In the case of an assistance
eligible individual described in subparagraph
(A)(i) who did not timely pay the premium for
any period of coverage during such individual's
transition period or paid the premium for such
period without regard to paragraph (1)(A), the
administrator of the group health plan (or
other entity) involved shall provide to such
individual, within the first 60 days of such
individual's transition period, an additional
notification with information regarding the
amendments made by the Jobs for Main Street
Act, 2010, including information on the ability
under subparagraph (A) to make retroactive
premium payments with respect to the transition
period of the individual in order to maintain
COBRA continuation coverage.
``(iii) Application of rules.--Rules
similar to the rules of paragraph (7) shall
apply with respect to notifications under this
subparagraph.''.
(d) Clarifications Relating to Section 3001 of ARRA.--
(1) Clarification that eligibility and notice is based on
timing of qualifying event.--Subsection (a) of such section is
amended--
(A) in paragraph (3)(A)--
(i) by striking ``at any time'' and
inserting ``such qualified beneficiary is
eligible for COBRA continuation coverage
related to a qualifying event occurring''; and
(ii) by striking ``, such qualified
beneficiary is eligible for COBRA continuation
coverage''; and
(B) in paragraph (7)(A), by striking ``become
entitled to elect COBRA continuation coverage'' and
inserting ``have a qualifying event relating to COBRA
continuation coverage''.
(2) Clarification regarding retiree coverage.--Subsection
(a)(2)(A)(i) of such section is amended by inserting ``coverage
under a retiree health plan,'' after ``other than''.
(3) Clarification regarding cobra continuation resulting
from reductions in hours.--Subsection (a) of such section is
further amended--
(A) in paragraph (3)(C), by inserting before the
period at the end the following: ``or consists of a
reduction of hours followed by such an involuntary
termination of employment during such period''; and
(B) by adding at the end the following:
``(17) Special rules in case of individuals losing coverage
because of a reduction of hours.--
``(A) New election period.--
``(i) In general.--For the purposes of the
COBRA continuation provisions, in the case of
an individual described in subparagraph (C) who
did not make (or who made and discontinued) an
election of COBRA continuation coverage on the
basis of the reduction of hours of employment,
the involuntary termination of employment of
such individual after the date of the enactment
of the Jobs for Main Street Act, 2010, shall be
treated as a qualifying event.
``(ii) Counting cobra duration period from
previous qualifying event.--In any case of an
individual referred to in clause (i), the
period of such individual's continuation
coverage shall be determined as though the
qualifying event were the reduction of hours of
employment.
``(iii) Construction.--Nothing in this
paragraph shall be construed as requiring an
individual referred to in clause (i) to make a
payment for COBRA continuation coverage between
the reduction of hours and the involuntary
termination of employment.
``(iv) Preexisting conditions.--With
respect to an individual referred to in clause
(i) who elects COBRA continuation coverage
pursuant to such clause, rules similar to the
rules in paragraph (4)(C) shall apply.
``(B) Notices.--In the case of an individual
described in subparagraph (C), the administrator of the
group health plan (or other entity) involved shall
provide, during the 60-day period beginning on the date
of such individual's termination of employment, an
additional notification described in paragraph (7)(A),
including information on the provisions of this
paragraph. Rules similar to the rules of paragraph (7)
shall apply with respect to such notification.
``(C) Individuals described.--Individuals described
in this subparagraph are individuals who are assistance
eligible individuals on the basis of a qualifying event
consisting of a reduction of hours occurring during the
period described in paragraph (3)(A) followed by an
involuntary termination of employment insofar as such
termination of employment occurred after the date of
the enactment of the Jobs for Main Street Act, 2010.''.
(4) Clarification of period of assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``of
the first month''.
(5) Enforcement.--Subsection (a)(5) of such section is
amended by adding at the end the following: ``In addition to
civil actions that may be brought to enforce applicable
provisions of such Act or other laws, the appropriate Secretary
or an affected individual may bring a civil action to enforce
such determinations and for appropriate relief. In addition,
such Secretary may assess a penalty against a plan sponsor or
health insurance issuer of not more than $110 per day for each
failure to comply with such determination of such Secretary
after 10 days after the date of the plan sponsor's or issuer's
receipt of the determination.''.
(6) Amendments relating to section 3001 of arra.--
(A) Subsection (g) of section 35 of the Internal
Revenue Code of 1986 is amended by striking ``section
3002(a) of the Health Insurance Assistance for the
Unemployed Act of 2009'' and inserting ``section
3001(a) of title III of division B of the American
Recovery and Reinvestment Act of 2009''.
(B) Section 139C of such Code is amended by
striking ``section 3002 of the Health Insurance
Assistance for the Unemployed Act of 2009'' and
inserting ``section 3001 of title III of division B of
the American Recovery and Reinvestment Act of 2009''.
(C) Section 6432 of such Code is amended--
(i) in subsection (a), by striking
``section 3002(a) of the Health Insurance
Assistance for the Unemployed Act of 2009'' and
inserting ``section 3001(a) of title III of
division B of the American Recovery and
Reinvestment Act of 2009'';
(ii) in subsection (c)(3), by striking
``section 3002(a)(1)(A) of such Act'' in
subsection (c)(3) and inserting ``section
3001(a)(1)(A) of title III of division B of the
American Recovery and Reinvestment Act of
2009''; and
(iii) by redesignating subsections (e) and
(f) as subsections (f) and (g), respectively,
and inserting after subsection (d) the
following new subsection:.
``(e) Employer Determination of Qualifying Event as Involuntary
Termination.--For purposes of this section, in any case in which--
``(1) based on a reasonable interpretation of section
3001(a)(3)(C) of division B of the American Recovery and
Reinvestment Act of 2009 and administrative guidance
thereunder, an employer determines that the qualifying event
with respect to COBRA continuation coverage for an individual
was involuntary termination of a covered employee's employment,
and
``(2) the employer maintains supporting documentation of
the determination, including an attestation by the employer of
involuntary termination with respect to the covered employee,
the qualifying event for the individual shall be deemed to be
involuntary termination of the covered employee's employment.''.
(D) Subsection (a) of section 6720C of such Code is
amended by striking ``section 3002(a)(2)(C) of the
Health Insurance Assistance for the Unemployed Act of
2009'' and inserting ``section 3001(a)(2)(C) of title
III of division B of the American Recovery and
Reinvestment Act of 2009''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of section 3001 of division B
of the American Recovery and Reinvestment Act of 2009 to which they
relate, except that--
(1) the amendments made by subsections (d)(2) and (d)(3)
shall apply to periods of coverage beginning after the date of
the enactment of this Act; and
(2) the amendment made by subsection (d)(5) shall take
effect on the date of the enactment of this Act.
extension of recovery act increase in fmap
Sec. 3303. Section 5001 of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) is amended--
(1) in subsection (a)(3), by striking ``first calendar
quarter'' and inserting ``first 3 calendar quarters'';
(2) in subsection (b)(2), by inserting before the period at
the end the following: ``and such paragraph shall not apply to
calendar quarters beginning on or after October 1, 2010'';
(3) in subsection (c)(4)(C)(ii), by striking ``December
2009'' and ``January 2010'' and inserting ``June 2010'' and
``July 2010'', respectively;
(4) in subsection (d), by inserting ``ending before October
1, 2010'' after ``entire fiscal years'' and after ``with
respect to fiscal years'';
(5) in subsection (g)(1), by striking ``September 30,
2011'' and inserting ``March 31, 2012''; and
(6) in subsection (h)(3), by striking ``December 31, 2010''
and inserting ``June 30, 2011''.
repeal of earned income threshold for determining refundable portion of
child tax credit
Sec. 3304. (a) In General.--Clause (i) of section 24(d)(1)(B) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(i) 15 percent of the taxpayer's earned
income (within the meaning of section 32) which
is taken into account in computing taxable
income, or''.
(b) Conforming Amendments.--Subsection (d) of section 24 of such
Code is amended--
(1) by striking paragraph (3), and
(2) by striking paragraph (4).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(d) Application of EGTRRA Sunset.--The amendments made by
subsection (a) and (b)(1) shall be subject to title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 in the same manner as
the provision of such Act to which such amendment relates.
hhs poverty guidelines
Sec. 3305. Notwithstanding section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any other provision
of law, the poverty line for 2010 issued by the Secretary of Health and
Human Services under such section 673(2) shall be not lower than the
poverty line so issued on January 23, 2009 (74 Fed. Reg. 14). This
section shall have no effect on such Secretary's revision of the
poverty line for 2011.
refunds disregarded in the administration of federal programs and
federally assisted programs
Sec. 3306. (a) In General.--Subchapter A of chapter 65 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL
PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.
``(a) In General.--Notwithstanding any other provision of law, any
refund (or advance payment with respect to a refundable credit) made to
any individual under this title shall not be taken into account as
income, and shall not be taken into account as resources for the month
of receipt and the following 11 months, for purposes of determining the
eligibility of such individual (or any other individual) for benefits
or assistance (or the amount or extent of benefits or assistance) under
any Federal program or under any State or local program financed in
whole or in part with Federal funds.
``(b) Termination.--Subsection (a) shall not apply to any amount
received after December 31, 2010.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 6409. Refunds disregarded in the administration of Federal
programs and Federally assisted
programs.''.
(c) Effective Date.--The amendment made by this section shall apply
to amounts received after December 31, 2009.
permanent extension of fee withholding procedures to title xvi and to
qualified non-attorney representatives
Sec. 3307. (a) Permanent Extension of Attorney Fee Withholding
Procedures to Title XVI.--
(1) In general.--Section 302 of the Social Security
Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is
amended--
(A) in the section heading, by striking
``temporary''; and
(B) in subsection (c), by striking ``Effective
Date.--'' and all that follows through ``The
amendments'' and inserting ``Effective Date.--The
amendments'', and by striking paragraph (2).
(2) Clerical amendment.--The item relating to section 302
in the table of contents in section 1(b) of such Act is amended
by striking ``Temporary extension'' and inserting
``Extension''.
(b) Permanent Extension of Fee Withholding Procedures to Qualified
Non-attorney Representatives.--
(1) In general.--Section 206 of the Social Security Act (42
U.S.C. 406) is amended by adding at the end the following new
subsection:
``(e)(1) The Commissioner shall provide for the extension of the
fee withholding procedures and assessment procedures that apply under
the preceding provisions of this section to agents and other persons,
other than attorneys, who represent claimants under this title before
the Commissioner.
``(2) Fee-withholding procedures may be extended under paragraph
(1) to any nonattorney representative only if such representative meets
at least the following prerequisites:
``(A) The representative has been awarded a bachelor's
degree from an accredited institution of higher education, or
has been determined by the Commissioner to have equivalent
qualifications derived from training and work experience.
``(B) The representative has passed an examination, written
and administered by the Commissioner, which tests knowledge of
the relevant provisions of this Act and the most recent
developments in agency and court decisions affecting this title
and title XVI.
``(C) The representative has secured professional liability
insurance, or equivalent insurance, which the Commissioner has
determined to be adequate to protect claimants in the event of
malpractice by the representative.
``(D) The representative has undergone a criminal
background check to ensure the representative's fitness to
practice before the Commissioner.
``(E) The representative demonstrates ongoing completion of
qualified courses of continuing education, including education
regarding ethics and professional conduct, which are designed
to enhance professional knowledge in matters related to
entitlement to, or eligibility for, benefits based on
disability under this title and title XVI. Such continuing
education, and the instructors providing such education, shall
meet such standards as the Commissioner may prescribe.
``(3)(A) The Commissioner may assess representatives reasonable
fees to cover the cost to the Social Security Administration of
administering the prerequisites described in paragraph (2).
``(B) Fees collected under subparagraph (A) shall be credited to
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund, or deposited as miscellaneous receipts
in the general fund of the Treasury, based on such allocations as the
Commissioner determines appropriate.
``(C) The fees authorized under this paragraph shall be collected
and available for obligation only to the extent and in the amount
provided in advance in appropriations Acts. Amounts so appropriated are
authorized to remain available until expended for administering the
prerequisites described in paragraph (2).''.
(2) Conforming amendments.--
(A) Section 1631(d)(2)(A) of such Act (42 U.S.C.
1383(d)(2)(A)) is amended--
(i) in clause (iv), by striking ``and'' at
the end;
(ii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(vi) by substituting, in subsection (e)(1)--
``(I) `subparagraphs (B) and (C) of section
1631(d)(2)' for `the preceding provisions of
this section'; and
``(II) `title XVI' for `this title'.''.
(B) Section 303(e)(2) of the Social Security
Protection Act of 2004 (Public Law 108-203; 118 Stat.
523) is amended by striking ``and final report'' in the
heading and by striking the last sentence.
(3) Effective date.--The Commissioner of Social Security
shall provide for full implementation of the provisions of
section 206(e) of the Social Security Act (as added by
paragraph (1)) and the amendments made by paragraph (2) not
later than March 1, 2010.
CHAPTER 4--GENERAL PROVISIONS, THIS TITLE
emergency designations
Sec. 3401. (a) In General.--Each amount in this title is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
(b) PAYGO.--All applicable provisions in this title are designated
as an emergency for purposes of pay-as-you-go principles.
TITLE IV--GENERAL PROVISIONS, THIS ACT
period of availability
Sec. 4001. No part of any appropriation contained in this Act shall
remain available for obligation beyond September 30, 2010, unless
expressly so provided herein.
buy america
Sec. 4002. All funds provided under this Act shall be subject to
the requirements of section 1605 of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5).
This divison may be cited as the ``Jobs for Main Street Act,
2010''.
DIVISION B--STATUTORY PAY-AS-YOU-GO ACT OF 2009
SEC. 101. SHORT TITLE.
This division may be cited as the ``Statutory Pay-As-You-Go Act of
2009''.
SEC. 102. PURPOSE.
The purpose of this division is to reestablish a statutory
procedure to enforce a rule of budget neutrality on new revenue and
direct spending legislation.
SEC. 103. DEFINITIONS.
As used in this division--
(1) The term ``BBEDCA'' means the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) The definitions set forth in section 3 of the
Congressional Budget and Impoundment Control Act of 1974 and in
section 250 of BBEDCA shall apply to this division, except to
the extent that they are specifically modified as follows:
(A) The term ``outyear'' means a fiscal year that
occurs one or more years after the budget year.
(B) In section 250(c)(8)(C), the reference to the
food stamp program shall be deemed to be a reference to
the Supplemental Nutrition Assistance Program.
(3) The term ``AMT'' means the Alternative Minimum Tax for
individuals under sections 55-59 of the Internal Revenue Code
of 1986, the term ``EGTRRA'' means the Economic Growth and Tax
Relief Reconciliation Act of 2001 (Public Law 107-16), and the
term ``JGTRRA'' means the Jobs and Growth Tax Relief and
Reconciliation Act of 2003 (Public Law 108-27).
(4)(A) The term ``budgetary effects'' means the amounts by
which PAYGO legislation changes direct spending or revenues
relative to the baseline and shall be determined on the basis
of estimates included by reference in the PAYGO Act or prepared
under section 104(d)(3), as applicable. Budgetary effects that
increase direct spending or decrease revenues are termed
``costs'' and budgetary effects that increase revenues or
decrease direct spending are termed ``savings''.
(B) For purposes of these definitions, off-budget effects
shall be counted as budgetary effects unless such changes flow
directly from amendments to title II of the Social Security Act
and related provisions of the Internal Revenue Code of 1986 and
debt service effects shall not be counted as budgetary effects.
(C) Solely for purposes of recording entries on a PAYGO
scorecard, provisions in appropriations Acts are also
considered to be budgetary effects for purposes of this
division if such provisions make outyear modifications to
substantive law, except that provisions for which the outlay
effects net to zero over a period consisting of the current
year, the budget year, and the 4 subsequent years shall not be
considered budgetary effects. For purposes of this paragraph,
the term, ``modifications to substantive law'' refers to
changes to or restrictions on entitlement law or other
mandatory spending contained in appropriations Acts,
notwithstanding section 250(c)(8) of BBEDCA. Provisions in
appropriations Acts that are neither outyear modifications to
substantive law nor changes in revenues have no budgetary
effects for purposes of this division.
(D) If a provision is designated as an emergency
requirement under this division and is also designated as an
emergency requirement under the applicable rules of the House
of Representatives, CBO shall not include the cost of such a
provision in its estimate of the PAYGO legislation's budgetary
effects.
(5) The term ``debit'' refers to the net total amount, when
positive, by which costs recorded on the PAYGO scorecards for a
fiscal year exceed savings recorded on those scorecards for
that year.
(6) The term ``entitlement law'' refers to a section of law
which provides entitlement authority.
(7) The term ``PAYGO legislation'' or a ``PAYGO Act''
refers to a bill or joint resolution that affects direct
spending or revenue relative to the baseline. The budgetary
effects of changes in revenues and outyear modifications to
substantive law included in appropriation Acts as defined in
paragraph (4) shall be treated as if they were contained in
PAYGO legislation.
(8) The term ``timing shift'' refers to a delay of the date
on which direct spending would otherwise occur from the ninth
outyear to the tenth outyear or an acceleration of the date on
which revenues would otherwise occur from the tenth outyear to
the ninth outyear.
SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) Paygo Estimates.--(1) A PAYGO Act shall include by reference an
estimate of its budgetary effects as determined under section 308(a)(3)
of the Congressional Budget Act of 1974, if timely submitted for
printing in the Congressional Record by the chairs of the Committees on
the Budget of the House of Representatives and the Senate, as
applicable, before the vote on the PAYGO legislation. The Clerk of the
House or the Secretary of the Senate, as applicable, shall also
incorporate by reference such estimate printed in the relevant portion
of the Congressional Record under section 308(a)(3) of the
Congressional Budget Act of 1974 into the enrollment of a PAYGO Act.
Budgetary effects that are not so included shall be determined under
section 104(d)(3).
(2)(A) Section 308(a) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new paragraph:
``(3) CBO paygo estimates.--Before a vote in either House
on a PAYGO Act that, if determined in the affirmative, would
clear such Act for enrollment, the chairs of the Committees on
the Budget of the House and Senate, as applicable, shall
request from the Director of the Congressional Budget Office an
estimate of the budgetary effects of such Act under the
Statutory Pay-As-You-Go Act of 2009. If such an estimate is
timely provided, the chairs of the Committees on the Budget of
the House of Representatives and the Senate shall post such
estimate on their respective committee websites and cause it to
be printed in the Congressional Record under the heading `PAYGO
ESTIMATE'. For purposes of this section, the Director of the
Congressional Budget Office shall not count timing shifts in
his estimates of the budgetary effects of PAYGO legislation (as
defined in section 103 of the Statutory Pay-As-You-Go Act of
2009).''.
(B) The side heading of section 308(a) of the Congressional Budget
Act of 1974 is amended by striking ``Reports on''.
(b) Section 308 of the Congressional Budget Act of 1974 is amended
by adding at the end the following new subsection:
``(d) Scorekeeping Guidelines.--The Director of the Congressional
Budget Office shall provide estimates under this section in accordance
with the scorekeeping guidelines determined under section 252(d)(5) of
the Balanced Budget and Emergency Deficit Control Act of 1985. Upon
agreement, the chairs of the Committees on the Budget of the House of
Representatives and the Senate shall submit updates to such guidelines
for printing in the Congressional Record.''.
(c) Current Policy Adjustments for Certain Legislation.--For
purposes of calculating budgetary effects under this division, CBO
shall adjust its estimates as described below for any provision of
legislation designated as meeting the criteria in subsection (b), (c),
or (d) of section 107 and which the chairman of the Committee on the
Budget of the House of Representatives or the Senate, as applicable,
designates as meeting those criteria. A single piece of legislation may
contain provisions designated as meeting criteria in more than one of
the subsections listed above. For appropriately designated provisions,
CBO shall exclude from its estimates for purposes of this division any
costs of a provision to the extent that those costs, when combined with
all other excluded costs of any other previously designated provisions
of enacted legislation under the same subsection of section 107, do not
exceed the maximum applicable current policy adjustment defined under
the applicable subsection of section 107 for the applicable 10-year
period, using the most recent baseline estimates supplied by the
Congressional Budget Office consistent with section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 used in considering a
concurrent resolution on the budget; or, after the beginning of a new
calendar year and before consideration of a concurrent resolution on
the budget, using the most recent baseline estimates supplied by the
Congressional Budget Office consistent with section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985. CBO estimates of
legislation containing a current policy designation under this
subsection shall include a separate presentation of costs excluded from
the calculation of budgetary effects for the legislation, as well as an
updated total of all excluded costs of provisions within the same
subsection of section 107.
(d) OMB Paygo Scorecards.--
(1) In general.--OMB shall maintain and make publicly
available a continuously updated document containing two PAYGO
scorecards displaying the budgetary effects of PAYGO
legislation as determined under section 308 of the
Congressional Budget Act of 1974, applying the look-back
requirement in subsection (e) and the averaging requirement in
subsection (f), and a separate addendum displaying the
estimates of the costs of provisions designated in statute as
emergency requirements.
(2) Estimates in legislation.--Except as provided in
paragraph (3), in making the calculations for the PAYGO
scorecards, OMB shall use the budgetary effects included by
reference in the applicable legislation.
(3) OMB estimates.--If legislation does not contain the
estimate of budgetary effects under paragraph (2), then OMB
shall score the budgetary effects of that legislation upon its
enactment, based on the approaches to scorekeeping set forth in
this division.
(4) 5-year scorecard.--The first scorecard shall display
the budgetary effects of PAYGO legislation in each year over
the 5-year period beginning in the budget year.
(5) 10-year scorecard.--The second scorecard shall display
the budgetary effects of PAYGO legislation in each year over
the 10-year period beginning in the budget year.
(e) Look-back to Capture Current-year Effects.--For purposes of
this section, OMB shall treat the budgetary effects of PAYGO
legislation enacted during a session of Congress that occur during the
current year as though they occurred in the budget year.
(f) Averaging Used to Measure Compliance Over 5-year and 10-year
Periods.--OMB shall cumulate the budgetary effects of a PAYGO Act over
the budget year (which includes any look-back effects under subsection
(e)) and--
(1) for purposes of the 5-year scorecard referred to in
subsection (d)(4), the four subsequent outyears, divide that
cumulative total by five, and enter the quotient in the budget-
year column and in each subsequent column of the 5-year PAYGO
scorecard; and
(2) for purposes of the 10-year scorecard referred to in
subsection (d)(5), the nine subsequent outyears, divide that
cumulative total by ten, and enter the quotient in the budget-
year column and in each subsequent column of the 10-year PAYGO
scorecard.
SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER.
(a) Annual Report.--Not later than 14 days (excluding weekends and
holidays) after Congress adjourns to end a session, OMB shall make
publicly available and cause to be printed in the Federal Register an
annual PAYGO report. The report shall include an up-to-date document
containing the PAYGO scorecards, a description of any current policy
adjustments made under section 104(c), information about emergency
legislation (if any) designated under section 103(4)(D), information
about any sequestration if required by subsection (b), and other data
and explanations that enhance public understanding of this division and
actions taken under it.
(b) Sequestration Order.--If the annual report issued at the end of
a session of Congress under subsection (a) shows a debit on either
PAYGO scorecard for the budget year, OMB shall prepare and the
President shall issue and include in that report a sequestration order
that, upon issuance, shall reduce budgetary resources of direct
spending programs by enough to offset that debit as prescribed in
section 106. If there is a debit on both scorecards, the order shall
fully offset the larger of the two debits. OMB shall include that order
in the annual report and transmit it to the House of Representatives
and the Senate. If the President issues a sequestration order, the
annual report shall contain, for each budget account to be sequestered,
estimates of the baseline level of budgetary resources subject to
sequestration, the amount of budgetary resources to be sequestered, and
the outlay reductions that will occur in the budget year and the
subsequent fiscal year because of that sequestration.
SEC. 106. CALCULATING A SEQUESTRATION.
(a) Reducing Nonexempt Budgetary Resources by a Uniform
Percentage.--OMB shall calculate the uniform percentage by which the
budgetary resources of nonexempt direct spending programs are to be
sequestered such that the outlay savings resulting from that
sequestration, as calculated under subsection (b), shall offset the
budget-year debit, if any on the applicable PAYGO scorecard. If the
uniform percentage calculated under the prior sentence exceeds 4
percent, the Medicare programs described in section 256(d) of BBEDCA
shall be reduced by 4 percent and the uniform percentage by which the
budgetary resources of all other nonexempt direct spending programs are
to be sequestered shall be increased, as necessary, so that the
sequestration of Medicare and of all other nonexempt direct spending
programs together produce the required outlay savings.
(b) Outlay Savings.--In determining the amount by which a
sequestration offsets a budget-year debit, OMB shall count--
(1) the amount by which the sequestration in a crop year of
crop support payments, pursuant to section 256(j) of BBEDCA,
reduces outlays in the budget year and the subsequent fiscal
year;
(2) the amount by which the sequestration of Medicare
payments in the 12-month period following the sequestration
order, pursuant to section 256(d) of BBEDCA, reduces outlays in
the budget year and the subsequent fiscal year; and
(3) the amount by which the sequestration in the budget
year of the budgetary resources of other nonexempt mandatory
programs reduces outlays in the budget year and in the
subsequent fiscal year.
SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ESTIMATES.
(a) Purpose.--The purpose of this section is to provide for
adjustments of estimates of budgetary effects of PAYGO legislation for
legislation affecting four areas of the budget--
(1) payments made under section 1848 of the Social Security
Act (titled Payment for Physicians' Services);
(2) the Estate and Gift Tax under subtitle B of the
Internal Revenue Code of 1986;
(3) the AMT; and
(4) provisions of EGTRRA or JGTRRA that amended the
Internal Revenue Code of 1986 (or provisions in later statutes
further amending the amendments made by EGTRRA or JGTRRA),
other than--
(A) the provisions of those two Acts that were made
permanent by the Pension Protection Act of 2006 (Public
Law 109-280);
(B) amendments to the estate and gift tax referred
to in paragraph (2);
(C) the AMT referred to in paragraph (3);
(D) the 35 percent bracket and that portion of the
33 percent bracket that applies to taxable income
greater than $200,000 for an individual and $250,000
for a couple; and
(E) provisions in those two Acts relating to taxes
rates on capital gains and dividends.
(b) Medicare Payments to Physicians.--
(1) Criteria.--Legislation that includes provisions
amending or superseding the system of payments under section
1848 of the Social Security Act shall trigger the current
policy adjustment required by this division.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) estimated net outlays attributable to the
payments made to physicians under that section of the
Social Security Act (as scheduled on July 15, 2009, to
be in effect); and
(B) what those net outlays would have been if the
nominal payment rates and related parameters in effect
for 2009 had been in effect thereafter without change.
(c) Estate and Gift Tax.--
(1) Criteria.--Legislation that includes provisions
amending the Estate and Gift Tax under subtitle B of the
Internal Revenue Code of 1986 shall trigger the current policy
adjustment required by this division.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) total revenues projected to be collected under
the Internal Revenue Code of 1986 (as scheduled on July
15, 2009, to be in effect); and
(B) what those revenue collections would have been
if, on the date of enactment of the legislation meeting
the criteria in paragraph (1), estate and gift tax law
had instead been amended so that the tax rates, nominal
exemption amounts, and related parameters in effect for
tax year 2009 had remained in effect thereafter without
change.
(d) Permanent Extension of Middle-Class Tax Cuts and AMT Relief.--
(1) Criteria.--Legislation that includes provisions
extending middle-class tax cuts or AMT relief shall trigger the
current policy adjustment required by this division if those
provisions extend one or more of the following provisions--
(A) AMT relief for calendar year 2010 and
subsequent years in such a manner that the number of
AMT taxpayers is not estimated to exceed the number of
AMT taxpayers in tax year 2008 in any year through the
tenth year after enactment;
(B) the 10 percent bracket as in effect for tax
year 2010, as provided for under section 101(a) of the
Economic Growth and Tax Relief Reconciliation Act of
2001 and any later amendments through July 15, 2009;
(C) the child tax credit as in effect for tax year
2010, as provided for under section 201 of the Economic
Growth and Tax Relief Reconciliation Act and any later
amendments through July 15, 2009;
(D) tax benefits for married couples as in effect
for tax year 2010, as provided for under title III of
the Economic Growth and Tax Relief Reconciliation Act
and any later amendments through July 15, 2009;
(E) the adoption credit as in effect in tax year
2010, as provided for under section 202 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 and
any later amendments through July 15, 2009;
(F) the dependent care credit as in effect in tax
year 2010, as provided for under section 204 of the
Economic Growth and Tax Relief Reconciliation Act of
2001 and any later amendments through July 15, 2009;
(G) the employer-provided child care credit as in
effect in tax year 2010, as provided for under section
205 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 and any later amendments
through July 15, 2009;
(H) the education tax benefits as in effect in tax
year 2010, as provided for under title IV of the
Economic Growth and Tax Relief Reconciliation Act of
2001 and any later amendments through July 15, 2009;
(I) the 25 and 28 percent brackets as in effect for
tax year 2010, as provided for under section 101(a) of
the Economic Growth and Tax Relief Reconciliation Act
of 2001 and any later amendments through July 15, 2009;
and
(J) the 33 percent brackets as in effect for tax
year 2010, as provided for under section 101(a) of the
Economic Growth and Tax Relief Reconciliation Act of
2001 and any later amendment affecting taxpayers with
taxable income of $200,000 or less for individuals and
$250,000 or less for couples in calendar year 2010 and
increased in each subsequent year by an amount equal to
the cost of living adjustment determined under section
1(f)(3) of the Internal Revenue Code of 1986 for the
calendar year in which the taxable year begins,
determined by substituting ``calendar year 2008'' for
``calendar year 1992'' in subparagraph (B) thereof.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between what total revenues
would have been under the Internal Revenue Code of 1986 (as
scheduled on July 15, 2009, to be in effect) and what revenues
would be if legislation--
(A) permanently extending the AMT exemption and
brackets in effect in tax year 2009 but increased in
tax year 2010 and each subsequent tax year as indicated
under subsection (d)(2)(B), along with any additional
amount necessary to prevent the number of taxpayers who
must pay AMT from increasing; and
(B) permanently extending the provisions identified
in paragraph (1),
were enacted on the same day as the legislation referred to in
paragraph (1).
SEC. 108. APPLICATION OF BBEDCA.
For purposes of this division--
(1) notwithstanding section 275 of BBEDCA, the provisions
of sections 255, 256, 257, and 274 of BBEDCA, as amended by
this division, shall apply to the provisions of this division;
(2) references in sections 255, 256, 257, and 274 to ``this
part'' or ``this title'' shall be interpreted as applying to
this division;
(3) references in sections 255, 256, 257, and 274 of BBEDCA
to ``section 254'' shall be interpreted as referencing section
105 of this division;
(4) the reference in section 256(b) of BBEDCA to ``section
252 or 253'' shall be interpreted as referencing section 105 of
this division;
(5) the reference in section 256(d)(1) of BBEDCA to
``section 252 or 253'' shall be interpreted as referencing
section 106 of this division;
(6) the reference in section 256(d)(4) of BBEDCA to
``section 252 or 253'' shall be interpreted as referencing
section 105 of this division;
(7) section 256(k) of BBEDCA shall apply to a
sequestration, if any, under this division; and
(8) references in section 257(e) of BBEDCA to ``section
251, 252, or 253'' shall be interpreted as referencing section
104 of this division.
SEC. 109. TECHNICAL CORRECTIONS.
(a) Section 250(c)(18) of BBEDCA is amended by striking ``the
expenses the Federal deposit insurance agencies'' and inserting ``the
expenses of the Federal deposit insurance agencies''.
(b) Section 256(k)(1) of BBEDCA is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 256(a) of BBEDCA is repealed.
(b) Section 256(b) of BBEDCA is amended by striking ``origination
fees under sections 438(c)(2) and 455(c) of that Act shall each be
increased by 0.50 percentage point.'' and inserting in lieu thereof
``origination fees under sections 438(c)(2) and (6) and 455(c) and loan
processing and issuance fees under section 428(f)(1)(A)(ii) of that Act
shall each be increased by the uniform percentage specified in that
sequestration order, and, for student loans originated during the
period of the sequestration, special allowance payments under section
438(b) of that Act accruing during the period of the sequestration
shall be reduced by the uniform percentage specified in that
sequestration order.''.
(c) Section 256(c) of BBEDCA is repealed.
(d) Section 256(d) of BBEDCA is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (5), and (6);
(2) by amending paragraph (1) to read as follows:
``(1) Calculation of reduction in payment amounts.--To
achieve the total percentage reduction in those programs
required by section 252 or 253, subject to paragraph (2), and
notwithstanding section 710 of the Social Security Act, OMB
shall determine, and the applicable Presidential order under
section 254 shall implement, the percentage reduction that
shall apply, with respect to the health insurance programs
under title XVIII of the Social Security Act--
``(A) in the case of parts A and B of such title,
to individual payments for services furnished during
the one-year period beginning on the first day of the
first month beginning after the date the order is
issued (or, if later, the date specified in paragraph
(4)); and
``(B) in the case of parts C and D, to monthly
payments under contracts under such parts for the same
one-year period;
such that the reduction made in payments under that order shall
achieve the required total percentage reduction in those
payments for that period.'';
(3) by inserting after paragraph (1) the following:
``(2) Uniform reduction rate; maximum permissible
reduction.--Reductions in payments for programs and activities
under such title XVIII pursuant to a sequestration order under
section 254 shall be at a uniform rate, which shall not exceed
4 percent, across all such programs and activities subject to
such order.'';
(4) by inserting after paragraph (3), as redesignated, the
following:
``(4) Timing of subsequent sequestration order.--A
sequestration order required by section 252 or 253 with respect
to programs under such title XVIII shall not take effect until
the first month beginning after the end of the effective period
of any prior sequestration order with respect to such programs,
as determined in accordance with paragraph (1).'';
(5) in paragraph (6), as redesignated, to read as follows:
``(6) Sequestration disregarded in computing payment
amounts.--The Secretary of Health and Human Services shall not
take into account any reductions in payment amounts which have
been or may be effected under this part, for purposes of
computing any adjustments to payment rates under such title
XVIII, specifically including--
``(A) the part C growth percentage under section
1853(c)(6);
``(B) the part D annual growth rate under section
1860D-2(b)(6); and
``(C) application of risk corridors to part D
payment rates under section 1860D-15(e).''; and
(6) by adding after paragraph (6), as redesignated, the
following:
``(7) Exemptions from sequestration.--In addition to the
programs and activities specified in section 255, the following
shall be exempt from sequestration under this part:
``(A) Part d low-income subsidies.--Premium and
cost-sharing subsidies under section 1860D-14 of the
Social Security Act.
``(B) Part d catastrophic subsidy.--Payments under
section 1860D-15(b) and (e)(2)(B) of the Social
Security Act.
``(C) Qualified individual (qi) premiums.--Payments
to States for coverage of Medicare cost-sharing for
certain low-income Medicare beneficiaries under section
1933 of the Social Security Act.''.
SEC. 111. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Designations.--Section 255 of BBEDCA is amended by
redesignating subsection (i) as (j) and striking ``1998'' and inserting
in lieu thereof ``2010''.
(b) Social Security, Veterans Programs, Net Interest, and Tax
Credits.--Subsections (a) through (d) of section 255 of BBEDCA are
amended to read as follows:
``(a) Social Security Benefits and Tier I Railroad Retirement
Benefits.--Benefits payable under the old-age, survivors, and
disability insurance program established under title II of the Social
Security Act (42 U.S.C. 401 et seq.), and benefits payable under
section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45, United
States Code, shall be exempt from reduction under any order issued
under this part.
``(b) Veterans Programs.--The following program shall be exempt
from reduction under any order issued under this part--
``All programs administered by the Department of Veterans
Affairs.
``Special Benefits for Certain World War II Veterans (28-
0401-0-1-701).
``(c) Net Interest.--No reduction of payments for net interest (all
of major functional category 900) shall be made under any order issued
under this part.
``(d) Refundable Income Tax Credits.--Payments to individuals made
pursuant to provisions of the Internal Revenue Code of 1986
establishing refundable tax credits shall be exempt from reduction
under any order issued under this part.''.
(c) Other Programs and Activities, Low-income Programs, and
Economic Recovery Programs.--Subsections (g) and (h) of section 255 of
BBEDCA are amended to read as follows:
``(g) Other Programs and Activities.--
``(1)(A) The following budget accounts and activities shall
be exempt from reduction under any order issued under this
part:
``Activities resulting from private donations,
bequests, or voluntary contributions to the Government.
``Activities financed by voluntary payments to the
Government for goods or services to be provided for
such payments.
``Administration of Territories, Northern Mariana
Islands Covenant grants (14-0412-0-1-808).
``Advances to the Unemployment Trust Fund and Other
Funds (16-0327-0-1-600).
``Black Lung Disability Trust Fund Refinancing (16-
0329-0-1-601).
``Bonneville Power Administration Fund and
borrowing authority established pursuant to section 13
of Public Law 93-454 (1974), as amended (89-4045-0-3-
271).
``Claims, Judgments, and Relief Acts (20-1895-0-1-
808).
``Compact of Free Association (14-0415-0-1-808).
``Compensation of the President (11-0209-01-1-802).
``Comptroller of the Currency, Assessment Funds
(20-8413-0-8-373).
``Continuing Fund, Southeastern Power
Administration (89-5653-0-2-271).
``Continuing Fund, Southwestern Power
Administration (89-5649-0-2-271).
``Dual Benefits Payments Account (60-0111-0-1-601).
``Emergency Fund, Western Area Power Administration
(89-5069-0-2-271).
``Exchange Stabilization Fund (20-4444-0-3-155).
``Federal Deposit Insurance Corporation, Deposit
Insurance Fund (51-4596-4-4-373).
``Federal Deposit Insurance Corporation, FSLIC
Resolution Fund (51-4065-0-3-373).
``Federal Deposit Insurance Corporation,
Noninterest Bearing Transaction Account Guarantee (51-
4458-0-3-373).
``Federal Deposit Insurance Corporation, Senior
Unsecured Debt Guarantee (51-4457-0-3-373).
``Federal Housing Finance Agency, Administrative
Expenses (95-5532-0-2-371).
``Federal Payment to the District of Columbia
Judicial Retirement and Survivors Annuity Fund (20-
1713-0-1-752).
``Federal Payment to the District of Columbia
Pension Fund (20-1714-0-1-601).
``Federal Payments to the Railroad Retirement
Accounts (60-0113-0-1-601).
``Federal Reserve Bank Reimbursement Fund (20-1884-
0-1-803).
``Financial Agent Services (20-1802-0-1-803).
``Foreign Military Sales Trust Fund (11-8242-0-7-
155).
``Hazardous Waste Management, Conservation Reserve
Program (12-4336-0-3-999).
``Host Nation Support Fund for Relocation (97-8337-
0-7-051).
``Internal Revenue Collections for Puerto Rico (20-
5737-0-2-806).
``Intragovernmental funds, including those from
which the outlays are derived primarily from resources
paid in from other government accounts, except to the
extent such funds are augmented by direct
appropriations for the fiscal year during which an
order is in effect.
``Medical Facilities Guarantee and Loan Fund (75-
9931-0-3-551).
``National Credit Union Administration, Central
Liquidity Facility (25-4470-0-3-373).
``National Credit Union Administration, Corporate
Credit Union Share Guarantee Program (25-4476-0-3-376).
``National Credit Union Administration, Credit
Union Homeowners Affordability Relief Program (25-4473-
0-3-371).
``National Credit Union Administration, Credit
Union Share Insurance Fund (25-4468-0-3-373).
``National Credit Union Administration, Credit
Union System Investment Program (25-4474-0-3-376).
``National Credit Union Administration, Operating
fund (25-4056-0-3-373).
``National Credit Union Administration, Share
Insurance Fund Corporate Debt Guarantee Program (25-
4469-0-3-376).
``National Credit Union Administration, U.S.
Central Federal Credit Union Capital Program (25-4475-
0-3-376).
``Office of Thrift Supervision (20-4108-0-3-373).
``Panama Canal Commission Compensation Fund (16-
5155-0-2-602).
``Payment of Vietnam and USS Pueblo prisoner-of-war
claims within the Salaries and Expenses, Foreign Claims
Settlement account (15-0100-0-1-153).
``Payment to Civil Service Retirement and
Disability Fund (24-0200-0-1-805).
``Payment to Department of Defense Medicare-
Eligible Retiree Health Care Fund (97-0850-0-1-054).
``Payment to Judiciary Trust Funds (10-0941-0-1-
752).
``Payment to Military Retirement Fund (97-0040-0-1-
054).
``Payment to the Foreign Service Retirement and
Disability Fund (19-0540-0-1-153).
``Payments to Copyright Owners (03-5175-0-2-376).
``Payments to Health Care Trust Funds (75-0580-0-1-
571).
``Payment to Radiation Exposure Compensation Trust
Fund (15-0333-0-1-054).
``Payments to Social Security Trust Funds (28-0404-
0-1-651).
``Payments to the United States Territories, Fiscal
Assistance (14-0418-0-1-806).
``Payments to trust funds from excise taxes or
other receipts properly creditable to such trust funds.
``Payments to widows and heirs of deceased Members
of Congress (00-0215-0-1-801).
``Postal Service Fund (18-4020-0-3-372).
``Radiation Exposure Compensation Trust Fund (15-
8116-0-1-054).
``Reimbursement to Federal Reserve Banks (20-0562-
0-1-803).
``Salaries of Article III judges.
``Soldiers and Airmen's Home, payment of claims
(84-8930-0-7-705).
``Tennessee Valley Authority Fund, except nonpower
programs and activities (64-4110-0-3-999).
``Tribal and Indian trust accounts within the
Department of the Interior which fund prior legal
obligations of the Government or which are established
pursuant to Acts of Congress regarding Federal
management of tribal real property or other fiduciary
responsibilities, including but not limited to Tribal
Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-
8030-0-7-452), White Earth Settlement (14-2204-0-1-
452), and Indian Water Rights and Habitat Acquisition
(14-5505-0-2-303).
``United Mine Workers of America 1992 Benefit Plan
(95-8260-0-7-551).
``United Mine Workers of America 1993 Benefit Plan
(95-8535-0-7-551).
``United Mine Workers of America Combined Benefit
Fund (95-8295-0-7-551).
``United States Enrichment Corporation Fund (95-
4054-0-3-271).
``Universal Service Fund (27-5183-0-2-376).
``Vaccine Injury Compensation (75-0320-0-1-551).
``Vaccine Injury Compensation Program Trust Fund
(20-8175-0-7-551).
``(B) The following Federal retirement and disability
accounts and activities shall be exempt from reduction under
any order issued under this part:
``Black Lung Disability Trust Fund (20-8144-0-7-
601).
``Central Intelligence Agency Retirement and
Disability System Fund (56-3400-0-1-054).
``Civil Service Retirement and Disability Fund (24-
8135-0-7-602).
``Comptrollers general retirement system (05-0107-
0-1-801).
``Contributions to U.S. Park Police annuity
benefits, Other Permanent Appropriations (14-9924-0-2-
303).
``Court of Appeals for Veterans Claims Retirement
Fund (95-8290-0-7-705).
``Department of Defense Medicare-Eligible Retiree
Health Care Fund (97-5472-0-2-551).
``District of Columbia Federal Pension Fund (20-
5511-0-2-601).
``District of Columbia Judicial Retirement and
Survivors Annuity Fund (20-8212-0-7-602).
``Energy Employees Occupational Illness
Compensation Fund (16-1523-0-1-053).
``Foreign National Employees Separation Pay (97-
8165-0-7-051).
``Foreign Service National Defined Contributions
Retirement Fund (19-5497-0-2-602).
``Foreign Service National Separation Liability
Trust Fund (19-8340-0-7-602).
``Foreign Service Retirement and Disability
Fund(19-8186-0-7-602).
``Government Payment for Annuitants, Employees
Health Benefits (24-0206-0-1-551).
``Government Payment for Annuitants, Employee Life
Insurance (24-0500-0-1-602).
``Judicial Officers' Retirement Fund (10-8122-0-7-
602).
``Judicial Survivors' Annuities Fund (10-8110-0-7-
602).
``Military Retirement Fund (97-8097-0-7-602).
``National Railroad Retirement Investment Trust
(60-8118-0-7-601).
``National Oceanic and Atmospheric Administration
retirement (13-1450-0-1-306).
``Pensions for former Presidents (47-0105-0-1-802).
``Postal Service Retiree Health Benefits Fund (24-
5391-0-2-551).
``Public Safety Officer Benefits (15-0403-0-1-754).
``Rail Industry Pension Fund (60-8011-0-7-601).
``Retired Pay, Coast Guard (70-0602-0-1-403).
``Retirement Pay and Medical Benefits for
Commissioned Officers, Public Health Service (75-0379-
0-1-551).
``Special Benefits for Disabled Coal Miners (16-
0169-0-1-601).
``Special Benefits, Federal Employees' Compensation
Act (16-1521-0-1-600).
``Special Workers Compensation Expenses (16-9971-0-
7-601).
``Tax Court Judges Survivors Annuity Fund (23-8115-
0-7-602).
``United States Court of Federal Claims Judges'
Retirement Fund (10-8124-0-7-602).
``United States Secret Service, DC Annuity (70-
0400-0-1-751).
``Voluntary Separation Incentive Fund (97-8335-0-7-
051).
``(2) Prior legal obligations of the Government in the
following budget accounts and activities shall be exempt from
any order issued under this part:
``Biomass Energy Development (20-0114-0-1-271).
``Check Forgery Insurance Fund (20-4109-0-3-803).
``Credit liquidating accounts.
``Credit reestimates.
``Employees Life Insurance Fund (24-8424-0-8-602).
``Federal Aviation Insurance Revolving Fund (69-
4120-0-3-402).
``Federal Crop Insurance Corporation Fund (12-4085-
0-3-351).
``Federal Emergency Management Agency, National
Flood Insurance Fund (58-4236-0-3-453).
``Federal Home Loan Mortgage Corporation (Freddie
Mac).
``Federal National Mortgage Corporation (Fannie
Mae).
``Geothermal resources development fund (89-0206-0-
1-271).
``Low-Rent Public Housing--Loans and Other Expenses
(86-4098-0-3-604).
``Maritime Administration, War Risk Insurance
Revolving Fund (69-4302-0-3-403).
``Natural Resource Damage Assessment Fund (14-1618-
0-1-302).
``Overseas Private Investment Corporation,
Noncredit Account (71-4184-0-3-151).
``Pension Benefit Guaranty Corporation Fund (16-
4204-0-3-601).
``San Joaquin Restoration Fund (14-5537-0-2-301).
``Servicemembers' Group Life Insurance Fund (36-
4009-0-3-701).
``Terrorism Insurance Program (20-0123-0-1-376).
``(h) Low-income Programs.--The following programs shall be exempt
from reduction under any order issued under this part:
``Academic Competitiveness/Smart Grant Program (91-0205-0-
1-502).
``Child Care Entitlement to States (75-1550-0-1-609).
``Child Enrollment Contingency Fund (75-5551-0-2-551).
``Child Nutrition Programs (with the exception of special
milk programs) (12-3539-0-1-605).
``Children's Health Insurance Fund (75-0515-0-1-551).
``Commodity Supplemental Food Program (12-3507-0-1-605).
``Contingency Fund (75-1522-0-1-609).
``Family Support Programs (75-1501-0-1-609).
``Federal Pell Grants under section 401 Title IV of the
Higher Education Act.
``Grants to States for Medicaid (75-0512-0-1-551).
``Payments for Foster Care and Permanency (75-1545-0-1-
609).
``Supplemental Nutrition Assistance Program (12-3505-0-1-
605).
``Supplemental Security Income Program (28-0406-0-1-609).
``Temporary Assistance for Needy Families (75-1552-0-1-
609).''.
(d) Economic Recovery Programs.--Section 255 of BBEDCA is amended
by adding the following after subsection (h):
``(i) Economic Recovery Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
``All programs enacted in, or increases in programs
provided by, the American Recovery and Reinvestment Act of
2009.
``Exchange Stabilization Fund-Money Market Mutual Fund
Guaranty Facility (20-4274-0-3-376).
``Financial Stabilization Reserve (20-0131-4-1-376).
``GSE Mortgage-Backed Securities Purchase Program Account
(20-0126-0-1-371).
``GSE Preferred Stock Purchase Agreements (20-0125-0-1-
371).
``Office of Financial Stability (20-0128-0-1-376).
``Special Inspector General for the Troubled Asset Relief
Program (20-0133-0-1-376).
``Troubled Asset Relief Program Account (20-0132-0-1-376).
``Troubled Asset Relief Program Equity Purchase Program
(20-0134-0-1-376).
``Troubled Asset Relief Program, Home Affordable
Modification Program (20-0136-0-1-604).''.
Attest:
Clerk.
111th CONGRESS
1st Session
H.R. 2847
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT