[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 679 Reported in House (RH)]

                                                   Union Calendar No. 1
111th CONGRESS
  1st Session
                                H. R. 679

                           [Report No. 111-4]

 Making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
   the unemployed, and State and local fiscal stabilization, for the 
     fiscal year ending September 30, 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2009

Mr. Obey, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
   the unemployed, and State and local fiscal stabilization, for the 
     fiscal year ending September 30, 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Recovery and Reinvestment 
Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

TITLE I--GENERAL PROVISIONS
TITLE II--AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT
TITLE III--COMMERCE, JUSTICE, AND SCIENCE
TITLE IV--DEFENSE
TITLE V--ENERGY AND WATER
TITLE VI--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE VII--HOMELAND SECURITY
TITLE VIII--INTERIOR AND ENVIRONMENT
TITLE IX--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
TITLE XI--DEPARTMENT OF STATE
TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT
TITLE XIII--STATE FISCAL STABILIZATION FUND

SEC. 3. STATEMENT OF APPROPRIATIONS.

     The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2009, and for other purposes.

                      TITLE I--GENERAL PROVISIONS

                        Subtitle A--Use of Funds

SEC. 1101. PURPOSES AND PRINCIPLES.

    (a) Statement of Purposes.--The purposes of this Act include the 
following:
            (1) To preserve and create jobs and promote economic 
        recovery.
            (2) To assist those most impacted by the recession.
            (3) To provide investments needed to increase economic 
        efficiency by spurring technological advances in science and 
        health.
            (4) To invest in transportation, environmental protection, 
        and other infrastructure that will provide long-term economic 
        benefits.
            (5) To stabilize State and local government budgets, in 
        order to minimize and avoid reductions in essential services 
        and counterproductive state and local tax increases.
    (b) General Principles Concerning Use of Funds.--The President and 
the heads of Federal departments and agencies shall manage and expend 
the funds made available in this Act so as to achieve the purposes 
specified in subsection (a), including commencing expenditures and 
activities as quickly as possible consistent with prudent management.

SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.

    In using funds made available in this Act for infrastructure 
investment, recipients shall give preference to activities that can be 
started and completed expeditiously, including a goal of using at least 
50 percent of the funds for activities that can be initiated not later 
than 120 days after the date of the enactment of this Act. Recipients 
shall also use grant funds in a manner that maximizes job creation and 
economic benefit.

SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.

    (a) Formula Grants.--Formula grants using funds made available in 
this Act shall be awarded not later than 30 days after the date of the 
enactment of this Act (or, in the case of appropriations not available 
upon enactment, not later than 30 days after the appropriation becomes 
available for obligation), unless expressly provided otherwise in this 
Act.
    (b) Competitive Grants.--Competitive grants using funds made 
available in this Act shall be awarded not later than 90 days after the 
date of the enactment of this Act (or, in the case of appropriations 
not available upon enactment, not later than 90 days after the 
appropriation becomes available for obligation), unless expressly 
provided otherwise in this Act.
    (c) Additional Period for New Programs.--The time limits specified 
in subsections (a) and (b) may each be extended by up to 30 days in the 
case of grants for which funding was not provided in fiscal year 2008.

SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES.

    (a) Deadline for Binding Commitments.--Each recipient of a grant 
made using amounts made available in this Act in any account listed in 
subsection (c) shall enter into contracts or other binding commitments 
not later than 1 year after the date of the enactment of this Act (or 
not later than 9 months after the grant is awarded, if later) to make 
use of 50 percent of the funds awarded, and shall enter into contracts 
or other binding commitments not later than 2 years after the date of 
the enactment of this Act (or not later than 21 months after the grant 
is awarded, if later) to make use of the remaining funds. In the case 
of activities to be carried out directly by a grant recipient (rather 
than by contracts, subgrants, or other arrangements with third 
parties), a certification by the recipient specifying the amounts, 
planned timing, and purpose of such expenditures shall be deemed a 
binding commitment for purposes of this section.
    (b) Redistribution of Uncommitted Funds.--The head of the Federal 
department or agency involved shall recover or deobligate any grant 
funds not committed in accordance with subsection (a), and redistribute 
such funds to other recipients eligible under the grant program and 
able to make use of such funds in a timely manner (including binding 
commitments within 120 days after the reallocation).
    (c) Appropriations to Which This Section Applies.--This section 
shall apply to grants made using amounts appropriated in any of the 
following accounts within this Act:
            (1) ``Environmental Protection Agency--State and Tribal 
        Assistance Grants''.
            (2) ``Department of Transportation--Federal Aviation 
        Administration--Grants-in-Aid for Airports''.
            (3) ``Department of Transportation--Federal Railroad 
        Administration--Capital Assistance for Intercity Passenger Rail 
        Service''.
            (4) ``Department of Transportation--Federal Transit 
        Administration--Capital Investment Grants''.
            (5) ``Department of Transportation--Federal Transit 
        Administration--Fixed Guideway Infrastructure Investment''.
            (6) ``Department of Transportation--Federal Transit 
        Administration--Transit Capital Assistance''.
            (7) ``Department of Housing and Urban Development--Public 
        and Indian Housing--Public Housing Capital Fund''.
            (8) ``Department of Housing and Urban Development--Public 
        and Indian Housing--Elderly, Disabled, and Section 8 Assisted 
        Housing Energy Retrofit''.
            (9) ``Department of Housing and Urban Development--Public 
        and Indian Housing--Native American Housing Block Grants''.
            (10) ``Department of Housing and Urban Development--
        Community Planning and Development--HOME Investment 
        Partnerships Program''.
            (11) ``Department of Housing and Urban Development--
        Community Planning and Development--Self-Help and Assisted 
        Homeownership Opportunity Program''.

SEC. 1105. PERIOD OF AVAILABILITY.

    (a) In General.--All funds appropriated in this Act shall remain 
available for obligation until September 30, 2010, unless expressly 
provided otherwise in this Act.
    (b) Reobligation.--Amounts that are not needed or cannot be used 
under title X of this Act for the activity for which originally 
obligated may be deobligated and, notwithstanding the limitation on 
availability specified in subsection (a), reobligated for other 
activities that have received funding from the same account or 
appropriation in such title.

SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.

    Unless other provision is made in this Act (or in other applicable 
law) for such expenses, up to 0.5 percent of each amount appropriated 
in this Act may be used for the expenses of management and oversight of 
the programs, grants, and activities funded by such appropriation, and 
may be transferred by the head of the Federal department or agency 
involved to any other appropriate account within the department or 
agency for that purpose. Funds set aside under this section shall 
remain available for obligation until September 30, 2012.

SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.

    In addition to funds otherwise made available in this Act, there 
are hereby appropriated the following sums to the specified Offices of 
Inspector General, to remain available until September 30, 2013, for 
oversight and audit of programs, grants, and projects funded under this 
Act:
            (1) ``Department of Agriculture--Office of Inspector 
        General'', $22,500,000.
            (2) ``Department of Commerce--Office of Inspector 
        General'', $10,000,000.
            (3) ``Department of Defense--Office of the Inspector 
        General'', $15,000,000.
            (4) ``Department of Education--Departmental Management--
        Office of the Inspector General'', $14,000,000.
            (5) ``Department of Energy--Office of Inspector General'', 
        $15,000,000.
            (6) ``Department of Health and Human Services--Office of 
        the Secretary--Office of Inspector General'', $19,000,000.
            (7) ``Department of Homeland Security--Office of Inspector 
        General'', $2,000,000.
            (8) ``Department of Housing and Urban Development--
        Management and Administration--Office of Inspector General'', 
        $15,000,000.
            (9) ``Department of the Interior--Office of Inspector 
        General'', $15,000,000.
            (10) ``Department of Justice--Office of Inspector 
        General'', $2,000,000.
            (11) ``Department of Labor--Departmental Management--Office 
        of Inspector General'', $6,000,000.
            (12) ``Department of Transportation--Office of Inspector 
        General'', $20,000,000.
            (13) ``Department of Veterans Affairs--Office of Inspector 
        General'', $1,000,000.
            (14) ``Environmental Protection Agency--Office of Inspector 
        General'', $20,000,000.
            (15) ``General Services Administration--General 
        Activities--Office of Inspector General'', $15,000,000.
            (16) ``National Aeronautics and Space Administration--
        Office of Inspector General'', $2,000,000.
            (17) ``National Science Foundation--Office of Inspector 
        General'', $2,000,000.
            (18) ``Small Business Administration--Office of Inspector 
        General'', $10,000,000.
            (19) ``Social Security Administration--Office of Inspector 
        General'', $2,000,000.
            (20) ``Corporation for National and Community Service--
        Office of Inspector General'', $1,000,000.

SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNTABILITY OFFICE.

    There is hereby appropriated as an additional amount for 
``Government Accountability Office--Salaries and Expenses'' 
$25,000,000, for oversight activities relating to this Act.

SEC. 1109. PROHIBITED USES.

    None of the funds appropriated or otherwise made available in this 
Act may be used for any casino or other gambling establishment, 
aquarium, zoo, golf course, or swimming pool.

SEC. 1110. USE OF AMERICAN IRON AND STEEL.

    (a) In General.--None of the funds appropriated or otherwise made 
available by this Act may be used for a project for the construction, 
alteration, maintenance, or repair of a public building or public work 
unless all of the iron and steel used in the project is produced in the 
United States.
    (b) Exceptions.--Subsection (a) shall not apply in any case in 
which the head of the Federal department or agency involved finds 
that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel are not produced in the United States in 
        sufficient and reasonably available quantities and of a 
        satisfactory quality; or
            (3) inclusion of iron and steel produced in the United 
        States will increase the cost of the overall project by more 
        than 25 percent.
    (c) Written Justification for Waiver.--If the head of a Federal 
department or agency determines that it is necessary to waive the 
application of subsection (a) based on a finding under subsection (b), 
the head of the department or agency shall publish in the Federal 
Register a detailed written justification as to why the provision is 
being waived.
    (d) Definitions.--In this section, the terms ``public building'' 
and ``public work'' have the meanings given such terms in section 1 of 
the Buy American Act (41 U.S.C. 10c) and include airports, bridges, 
canals, dams, dikes, pipelines, railroads, multiline mass transit 
systems, roads, tunnels, harbors, and piers.

SEC. 1111. WAGE RATE REQUIREMENTS.

    Notwithstanding any other provision of law and in a manner 
consistent with other provisions in this Act, all laborers and 
mechanics employed by contractors and subcontractors on projects funded 
directly by or assisted in whole or in part by and through the Federal 
Government pursuant to this Act shall be paid wages at rates not less 
than those prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United States Code. With 
respect to the labor standards specified in this section, the Secretary 
of Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code.

SEC. 1112. RELATIONSHIP TO OTHER APPROPRIATIONS.

    Each amount appropriated or made available in this Act is in 
addition to amounts otherwise appropriated for the fiscal year 
involved. Enactment of this Act shall have no effect on the 
availability of amounts under the Continuing Appropriations Resolution, 
2009 (division A of Public Law 110-329).

SEC. 1113. EMERGENCY DESIGNATION.

    Each amount in this Act is designated as an emergency requirement 
and necessary to meet emergency needs pursuant to section 204(a) of S. 
Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 
(110th Congress), the concurrent resolutions on the budget for fiscal 
years 2008 and 2009.

SEC. 1114. ADDITIONAL ASSURANCE OF APPROPRIATE USE OF FUNDS.

    None of the funds provided by this Act may be made available to the 
State of Illinois, or any agency of the State, unless (1) the use of 
such funds by the State is approved in legislation enacted by the State 
after the date of the enactment of this Act, or (2) Rod R. Blagojevich 
no longer holds the office of Governor of the State of Illinois. The 
preceding sentence shall not apply to any funds provided directly to a 
unit of local government (1) by a Federal department or agency or (2) 
by an established formula from the State.

SEC. 1115. PERSISTENT POVERTY COUNTIES.

    (a) Allocation Requirement.--Of the amount appropriated in this Act 
for at least 10 percent shall be allocated for assistance in persistent 
poverty counties.
    (b) Definition.--For purposes of this section, the term 
``persistent poverty counties'' means any county that has had 20 
percent or more of its population living in poverty over the past 30 
years, as measured by the 1980, 1990, and 2000 decennial censuses.

SEC. 1116. REQUIRED PARTICIPATION IN E-VERIFY PROGRAM.

    None of the funds made available in this Act may be used to enter 
into a contract with an entity that does not participate in the E-
verify program described in section 401(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 6 1324a 
note).

          Subtitle B--Accountability in Recovery Act Spending

            PART 1--TRANSPARENCY AND OVERSIGHT REQUIREMENTS

SEC. 1201. TRANSPARENCY REQUIREMENTS.

    (a) Requirements for Federal Agencies.--Each Federal agency shall 
publish on the website Recovery.gov (as established under section 1226 
of this subtitle)--
            (1) a plan for using funds made available in this Act to 
        the agency; and
            (2) all announcements for grant competitions, allocations 
        of formula grants, and awards of competitive grants using those 
        funds.
    (b) Requirements for Federal, State, and Local Government 
Agencies.--
            (1) Infrastructure investment funding.--With respect to 
        funds made available under this Act for infrastructure 
        investments to Federal, State, or local government agencies, 
        the following requirements apply:
                    (A) Each such agency shall notify the public of 
                funds obligated to particular infrastructure 
                investments by posting the notification on the website 
                Recovery.gov.
                    (B) The notification required by subparagraph (A) 
                shall include the following:
                            (i) A description of the infrastructure 
                        investment funded.
                            (ii) The purpose of the infrastructure 
                        investment.
                            (iii) The total cost of the infrastructure 
                        investment.
                            (iv) The rationale of the agency for 
                        funding the infrastructure investment with 
                        funds made available under this Act.
                            (v) The name of the person to contact at 
                        the agency if there are concerns with the 
                        infrastructure investment and, with respect to 
                        Federal agencies, an email address for the 
                        Federal official in the agency whom the public 
                        can contact.
                            (vi) In the case of State or local 
                        agencies, a certification from the Governor, 
                        mayor, or other chief executive, as 
                        appropriate, that the infrastructure investment 
                        has received the full review and vetting 
                        required by law and that the chief executive 
                        accepts responsibility that the infrastructure 
                        investment is an appropriate use of taxpayer 
                        dollars. A State or local agency may not 
                        receive infrastructure investment funding from 
                        funds made available in this Act unless this 
                        certification is made.
            (2) Operational funding.--With respect to funds made 
        available under this Act in the form of grants for operational 
        purposes to State or local government agencies or other 
        organizations, the agency or organization shall publish on the 
        website Recovery.gov a description of the intended use of the 
        funds, including the number of jobs sustained or created.
    (c) Availability on Internet of Contracts and Grants.--Each 
contract awarded or grant issued using funds made available in this Act 
shall be posted on the Internet and linked to the website Recovery.gov. 
Proprietary data that is required to be kept confidential under 
applicable Federal or State law or regulation shall be redacted before 
posting.

SEC. 1202. INSPECTOR GENERAL REVIEWS.

    (a) Reviews.--Any inspector general of a Federal department or 
executive agency shall review, as appropriate, any concerns raised by 
the public about specific investments using funds made available in 
this Act. Any findings of an inspector general resulting from such a 
review shall be relayed immediately to the head of each department and 
agency. In addition, the findings of such reviews, along with any 
audits conducted by any inspector general of funds made available in 
this Act, shall be posted on the Internet and linked to the website 
Recovery.gov.
    (b) Examination of Records.--The Inspector General of the agency 
concerned may examine any records related to obligations of funds made 
available in this Act.

SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS AND REPORTS.

    (a) Reviews and Reports.--The Comptroller General of the United 
States shall conduct bimonthly reviews and prepare reports on such 
reviews on the use by selected States and localities of funds made 
available in this Act. Such reports, along with any audits conducted by 
the Comptroller General of such funds, shall be posted on the Internet 
and linked to the website Recovery.gov.
    (b) Examination of Records.--The Comptroller General may examine 
any records related to obligations of funds made available in this Act.

SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS.

    The Chairman of the Council of Economic Advisers, in consultation 
with the Director of the Office of Management and Budget and the 
Secretary of the Treasury, shall submit quarterly reports to Congress 
detailing the estimated impact of programs under this Act on 
employment, economic growth, and other key economic indicators.

SEC. 1205. SPECIAL CONTRACTING PROVISIONS.

    The Federal Acquisition Regulation shall apply to contracts awarded 
with funds made available in this Act. To the maximum extent possible, 
such contracts shall be awarded as fixed-price contracts through the 
use of competitive procedures. Existing contracts so awarded may be 
utilized in order to obligate such funds expeditiously. Any contract 
awarded with such funds that is not fixed-price and not awarded using 
competitive procedures shall be posted in a special section of the 
website Recovery.gov.

             PART 2--ACCOUNTABILITY AND TRANSPARENCY BOARD

SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND TRANSPARENCY BOARD.

    There is established a board to be known as the ``Recovery Act 
Accountability and Transparency Board'' (hereafter in this subtitle 
referred to as the ``Board'') to coordinate and conduct oversight of 
Federal spending under this Act to prevent waste, fraud, and abuse.

SEC. 1222. COMPOSITION OF BOARD.

    (a) Membership.--The Board shall be composed of seven members as 
follows:
            (1) The Chief Performance Officer of the President, who 
        shall chair the Board.
            (2) Six members designated by the President from the 
        inspectors general and deputy secretaries of the Departments of 
        Education, Energy, Health and Human Services, Transportation, 
        and other Federal departments and agencies to which funds are 
        made available in this Act.
    (b) Terms.--Each member of the Board shall serve for a term to be 
determined by the President.

SEC. 1223. FUNCTIONS OF THE BOARD.

    (a) Oversight.--The Board shall coordinate and conduct oversight of 
spending under this Act to prevent waste, fraud, and abuse. In addition 
to responsibilities set forth in this subtitle, the responsibilities of 
the Board shall include the following:
            (1) Ensuring that the reporting of information regarding 
        contract and grants under this Act meets applicable standards 
        and specifies the purpose of the contract or grant and measures 
        of performance.
            (2) Verifying that competition requirements applicable to 
        contracts and grants under this Act and other applicable 
        Federal law have been satisfied.
            (3) Investigating spending under this Act to determine 
        whether wasteful spending, poor contract or grant management, 
        or other abuses are occurring.
            (4) Reviewing whether there are sufficient qualified 
        acquisition and grant personnel overseeing spending under this 
        Act.
            (5) Reviewing whether acquisition and grant personnel 
        receive adequate training and whether there are appropriate 
        mechanisms for interagency collaboration.
    (b) Reports.--
            (1) Flash and other reports.--The Board shall submit to 
        Congress reports, to be known as ``flash reports'', on 
        potential management and funding problems that require 
        immediate attention. The Board also shall submit to Congress 
        such other reports as the Board considers appropriate on the 
        use and benefits of funds made available in this Act.
            (2) Quarterly.--The Board shall submit to the President and 
        Congress quarterly reports summarizing its findings and the 
        findings of agency inspectors general and may issue additional 
        reports as appropriate.
            (3) Annually.--On an annual basis, the Board shall prepare 
        a consolidated report on the use of funds under this Act. All 
        reports shall be publicly available and shall be posted on the 
        Internet website Recovery.gov, except that portions of reports 
        may be redacted if the portions would disclose information that 
        is protected from public disclosure under section 552 of title 
        5, United States Code (popularly known as the Freedom of 
        Information Act).
    (c) Recommendations to Agencies.--The Board shall make 
recommendations to Federal agencies on measures to prevent waste, 
fraud, and abuse. A Federal agency shall, within 30 days after receipt 
of any such recommendation, submit to the Board, the President, and the 
congressional committees of jurisdiction a report on whether the agency 
agrees or disagrees with the recommendations and what steps, if any, 
the agency plans to take to implement the recommendations.

SEC. 1224. POWERS OF THE BOARD.

    (a) Coordination of Audits and Investigations by Agency Inspectors 
General.--The Board shall coordinate the audits and investigations of 
spending under this Act by agency inspectors general.
    (b) Conduct of Reviews by Board.--The Board may conduct reviews of 
spending under this Act and may collaborate on such reviews with any 
inspector general.
    (c) Meetings.--The Board may, for the purpose of carrying out its 
duties under this Act, hold public meetings, sit and act at times and 
places, and receive information as the Board considers appropriate. The 
Board shall meet at least once a month.
    (d) Obtaining Official Data.--The Board may secure directly from 
any department or agency of the United States information necessary to 
enable it to carry out its duties under this Act. Upon request of the 
Chairman of the Board, the head of that department or agency shall 
furnish that information to the Board.
    (e) Contracts.--The Board may enter into contracts to enable the 
Board to discharge its duties under this Act.

SEC. 1225. STAFFING.

    (a) Executive Director.--The Chairman of the Board may appoint and 
fix the compensation of an executive director and other personnel as 
may be required to carry out the functions of the Board. The Director 
shall be paid at the rate of basic pay for level IV of the Executive 
Schedule.
    (b) Staff of Federal Agencies.--Upon request of the Board, the head 
of any Federal department or agency may detail any Federal official or 
employee, including officials and employees of offices of inspector 
general, to the Board without reimbursement from the Board, and such 
detailed staff shall retain the rights, status, and privileges of his 
or her regular employment without interruption.
    (c) Office Space.--Office space shall be provided to the Board 
within the Executive Office of the President.

SEC. 1226. RECOVERY.GOV.

    (a) Requirement To Establish Website.--The Board shall establish 
and maintain a website on the Internet to be named Recovery.gov, to 
foster greater accountability and transparency in the use of funds made 
available in this Act.
    (b) Purpose.--Recovery.gov shall be a portal or gateway to key 
information related to this Act and provide a window to other 
Government websites with related information.
    (c) Matters Covered.--In establishing the website Recovery.gov, the 
Board shall ensure the following:
            (1) The website shall provide materials explaining what 
        this Act means for citizens. The materials shall be easy to 
        understand and regularly updated.
            (2) The website shall provide accountability information, 
        including a database of findings from audits, inspectors 
        general, and the Government Accountability Office.
            (3) The website shall provide data on relevant economic, 
        financial, grant, and contract information in user-friendly 
        visual presentations to enhance public awareness of the use 
        funds made available in this Act.
            (4) The website shall provide detailed data on contracts 
        awarded by the Government for purposes of carrying out this 
        Act, including information about the competitiveness of the 
        contracting process, notification of solicitations for 
        contracts to be awarded, and information about the process that 
        was used for the award of contracts.
            (5) The website shall include printable reports on funds 
        made available in this Act obligated by month to each State and 
        congressional district.
            (6) The website shall provide a means for the public to 
        give feedback on the performance of contracts awarded for 
        purposes of carrying out this Act.
            (7) The website shall be enhanced and updated as necessary 
        to carry out the purposes of this subtitle.

SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF INSPECTORS GENERAL.

    Inspectors general shall retain independent authority to determine 
whether to conduct an audit or investigation of spending under this 
Act. If the Board requests that an inspector general conduct or refrain 
from conducting an audit or investigation and the inspector general 
rejects the request in whole or in part, the inspector general shall, 
within 30 days after receipt of the request, submit to the Board, the 
agency head, and the congressional committees of jurisdiction a report 
explaining why the inspector general has rejected the request in whole 
or in part.

SEC. 1228. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE 
              AUDITORS.

    The Board shall coordinate its oversight activities with the 
Comptroller General of the United States and State auditor generals.

SEC. 1229. INDEPENDENT ADVISORY PANEL.

    (a) Establishment.--There is established a panel to be known as the 
``Independent Advisory Panel'' to advise the Board.
    (b) Membership.--The Panel shall be composed of five members 
appointed by the President from among individuals with expertise in 
economics, public finance, contracting, accounting, or other relevant 
fields.
    (c) Functions.--The Panel shall make recommendations to the Board 
on actions the Board could take to prevent waste, fraud, and abuse in 
Federal spending under this Act.
    (d) Travel Expenses.--Each member of the Panel shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.

SEC. 1230. FUNDING.

    There is hereby appropriated to the Board $14,000,000 to carry out 
this subtitle.

SEC. 1231. BOARD TERMINATION.

     The Board shall terminate 12 months after 90 percent of the funds 
made available under this Act have been expended, as determined by the 
Director of the Office of Management and Budget.

     PART 3--ADDITIONAL ACCOUNTABILITY AND TRANSPARENCY PROVISIONS

SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NONCOMPETITIVE 
              CONTRACTS.

    No contract entered into using funds made available in this Act 
pursuant to the authority provided in section 303(c)(2) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) 
that is for an amount greater than the simplified acquisition threshold 
(as defined in section 4(11) of the Office of Federal Procurement 
Policy Act (41 U.S.C. (4)(11))--
            (1) may exceed the time necessary--
                    (A) to meet the unusual and compelling requirements 
                of the work to be performed under the contract; and
                    (B) for the executive agency to enter into another 
                contract for the required goods or services through the 
                use of competitive procedures; and
            (2) may exceed one year unless the head of the executive 
        agency entering into such contract determines that exceptional 
        circumstances apply.

SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE AND OFFICES OF 
              INSPECTOR GENERAL TO CERTAIN EMPLOYEES.

    (a) Access.--Each contract awarded using funds made available in 
this Act shall provide that the Comptroller General and his 
representatives, and any representatives of an appropriate inspector 
general appointed under section 3 or 8G of the Inspector General Act of 
1978 (5 U.S.C. App.), are authorized--
            (1) to examine any records of the contractor or any of its 
        subcontractors, or any State or local agency administering such 
        contract, that directly pertain to, and involve transactions 
        relating to, the contract or subcontract; and
            (2) to interview any current employee regarding such 
        transactions.
    (b) Relationship to Existing Authority.--Nothing in this section 
shall be interpreted to limit or restrict in any way any existing 
authority of the Comptroller General or an Inspector General.

SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR 
              WHISTLEBLOWERS.

    (a) Prohibition of Reprisals.--An employee of any non-Federal 
employer receiving funds made available in this Act may not be 
discharged, demoted, or otherwise discriminated against as a reprisal 
for disclosing to the Board, an inspector general, the Comptroller 
General, a member of Congress, or a Federal agency head, or their 
representatives, information that the employee reasonably believes is 
evidence of--
            (1) gross mismanagement of an executive agency contract or 
        grant;
            (2) a gross waste of executive agency funds;
            (3) a substantial and specific danger to public health or 
        safety; or
            (4) a violation of law related to an executive agency 
        contract (including the competition for or negotiation of a 
        contract) or grant awarded or issued to carry out this Act.
    (b) Investigation of Complaints.--
            (1) A person who believes that the person has been 
        subjected to a reprisal prohibited by subsection (a) may submit 
        a complaint to the inspector general of the executive agency 
        that awarded the contract or issued the grant. Unless the 
        inspector general determines that the complaint is frivolous, 
        the inspector general shall investigate the complaint and, upon 
        completion of such investigation, submit a report of the 
        findings of the investigation to the person, the person's 
        employer, the head of the Federal agency that awarded the 
        contract or issued the grant, and the Board.
            (2)(A) Except as provided under subparagraph (B), the 
        inspector general shall make a determination that a complaint 
        is frivolous or submit a report under paragraph (1) within 180 
        days after receiving the complaint.
            (B) If the inspector general is unable to complete an 
        investigation in time to submit a report within the 180-day 
        period specified in subparagraph (A) and the person submitting 
        the complaint agrees to an extension of time, the inspector 
        general shall submit a report under paragraph (1) within such 
        additional period of time as shall be agreed upon between the 
        inspector general and the person submitting the complaint.
    (c) Remedy and Enforcement Authority.--
            (1) Not later than 30 days after receiving an inspector 
        general report pursuant to subsection (b), the head of the 
        agency concerned shall determine whether there is sufficient 
        basis to conclude that the non-Federal employer has subjected 
        the complainant to a reprisal prohibited by subsection (a) and 
        shall either issue an order denying relief or shall take one or 
        more of the following actions:
                    (A) Order the employer to take affirmative action 
                to abate the reprisal.
                    (B) Order the employer to reinstate the person to 
                the position that the person held before the reprisal, 
                together with the compensation (including back pay), 
                employment benefits, and other terms and conditions of 
                employment that would apply to the person in that 
                position if the reprisal had not been taken.
                    (C) Order the employer to pay the complainant an 
                amount equal to the aggregate amount of all costs and 
                expenses (including attorneys' fees and expert 
                witnesses' fees) that were reasonably incurred by the 
                complainant for, or in connection with, bringing the 
                complaint regarding the reprisal, as determined by the 
                head of the agency.
            (2) If the head of an executive agency issues an order 
        denying relief under paragraph (1) or has not issued an order 
        within 210 days after the submission of a complaint under 
        subsection (b), or in the case of an extension of time under 
        paragraph (b)(2)(B), not later than 30 days after the 
        expiration of the extension of time, and there is no showing 
        that such delay is due to the bad faith of the complainant, the 
        complainant shall be deemed to have exhausted all 
        administrative remedies with respect to the complaint, and the 
        complainant may bring a de novo action at law or equity against 
        the employer to seek compensatory damages and other relief 
        available under this section in the appropriate district court 
        of the United States, which shall have jurisdiction over such 
        an action without regard to the amount in controversy. Such an 
        action shall, at the request of either party to the action, be 
        tried by the court with a jury.
            (3) An inspector general determination and an agency head 
        order denying relief under paragraph (2) shall be admissible in 
        evidence in any de novo action at law or equity brought 
        pursuant to this subsection.
            (4) Whenever a person fails to comply with an order issued 
        under paragraph (1), the head of the agency shall file an 
        action for enforcement of such order in the United States 
        district court for a district in which the reprisal was found 
        to have occurred. In any action brought under this paragraph, 
        the court may grant appropriate relief, including injunctive 
        relief and compensatory and exemplary damages.
            (5) Any person adversely affected or aggrieved by an order 
        issued under paragraph (1) may obtain review of the order's 
        conformance with this subsection, and any regulations issued to 
        carry out this section, in the United States court of appeals 
        for a circuit in which the reprisal is alleged in the order to 
        have occurred. No petition seeking such review may be filed 
        more than 60 days after issuance of the order by the head of 
        the agency. Review shall conform to chapter 7 of title 5.
    (d) Construction.--Nothing in this section may be construed to 
authorize the discharge of, demotion of, or discrimination against an 
employee for a disclosure other than a disclosure protected by 
subsection (a) or to modify or derogate from a right or remedy 
otherwise available to the employee.
    (e) Definitions.--
            (1) Non-federal employer receiving funds under this act.--
        The term ``non-Federal employer receiving funds made available 
        in this Act'' means--
                    (A) with respect to a Federal contract awarded or 
                Federal grant issued to carry out this Act, the 
                contractor or grantee, as the case may be, if the 
                contractor or grantee is an employer; or
                    (B) a State or local government, if the State or 
                local government has received funds made available in 
                this Act.
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given that term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
            (3) State or local government.--The term ``State or local 
        government'' means--
                    (A) the government of each of the several States, 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the Virgin Islands, the 
                Northern Mariana Islands, or any other territory or 
                possession of the United States; or
                    (B) the government of any political subdivision of 
                a government listed in subparagraph (A).

        TITLE II--AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

        Agriculture Buildings and Facilities and Rental Payments

    For an additional amount for ``Agriculture Buildings and Facilities 
and Rental Payments'', $44,000,000, for necessary construction, repair, 
and improvement activities: Provided, That section 1106 of this Act 
shall not apply to this appropriation.

                     Agricultural Research Service

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$209,000,000, for work on deferred maintenance at Agricultural Research 
Service facilities: Provided, That priority in the use of such funds 
shall be given to critical deferred maintenance, to projects that can 
be completed, and to activities that can commence promptly following 
enactment of this Act.

                          Farm Service Agency

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses,'' 
$245,000,000, for the purpose of maintaining and modernizing the 
information technology system: Provided, That section 1106 of this Act 
shall not apply to this appropriation.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

     For an additional amount for ``Watershed and Flood Prevention 
Operations'', $350,000,000, of which $175,000,000 is for necessary 
expenses to purchase and restore floodplain easements as authorized by 
section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) 
(except that no more than $50,000,000 of the amount provided for the 
purchase of floodplain easements may be obligated for projects in any 
one State): Provided, That section 1106 of this Act shall not apply to 
this appropriation: Provided further, That priority in the use of such 
funds shall be given to projects that can be fully funded and completed 
with the funds appropriated in this Act, and to activities that can 
commence promptly following enactment of this Act.

                    watershed rehabilitation program

    For an additional amount for ``Watershed Rehabilitation Program'', 
$50,000,000, for necessary expenses to carry out rehabilitation of 
structural measures: Provided, That section 1106 of this Act shall not 
apply to this appropriation: Provided further, That priority in the use 
of such funds shall be given to projects that can be fully funded and 
completed with the funds appropriated in this Act, and to activities 
that can commence promptly following enactment of this Act.

                       Rural Development Programs

                  rural community advancement program

                     (including transfers of funds)

     For an additional amount for gross obligations for the principal 
amount of direct and guaranteed loans as authorized by sections 306 and 
310B and described in sections 381E(d)(1), 381E(d)(2), and 381E(d)(3) 
of the Consolidated Farm and Rural Development Act, to be available 
from the rural community advancement program, as follows: 
$5,838,000,000, of which $1,102,000,000 is for rural community 
facilities direct loans, of which $2,000,000,000 is for business and 
industry guaranteed loans, and of which $2,736,000,000 is for rural 
water and waste disposal direct loans.
    For an additional amount for the cost of direct loans, loan 
guarantees, and grants, including the cost of modifying loans, as 
defined in section 502 of the Congressional Budget Act of 1974, as 
follows: $1,800,000,000, of which $63,000,000 is for rural community 
facilities direct loans, of which $137,000,000 is for rural community 
facilities grants authorized under section 306(a) of the Consolidated 
Farm and Rural Development Act, of which $87,000,000 is for business 
and industry guaranteed loans, of which $13,000,000 is for rural 
business enterprise grants authorized under section 310B of the 
Consolidated Farm and Rural Development Act, of which $400,000,000 is 
for rural water and waste disposal direct loans, and of which 
$1,100,000,000 is for rural water and waste disposal grants authorized 
under section 306(a): Provided, That the amounts appropriated under 
this heading shall be transferred to, and merged with, the 
appropriation for ``Rural Housing Service, Rural Community Facilities 
Program Account'', the appropriation for ``Rural Business-Cooperative 
Service, Rural Business Program Account'', and the appropriation for 
``Rural Utilities Service, Rural Water and Waste Disposal Program 
Account'': Provided further, That priority for awarding such funds 
shall be given to project applications that demonstrate that, if the 
application is approved, all project elements will be fully funded: 
Provided further, That priority for awarding such funds shall be given 
to project applications for activities that can be completed if the 
requested funds are provided: Provided further, That priority for 
awarding such funds shall be given to activities that can commence 
promptly following enactment of this Act.
    In addition to other available funds, the Secretary of Agriculture 
may use not more than 3 percent of the funds made available under this 
account for administrative costs to carry out loans, loan guarantees, 
and grants funded under this account, which shall be transferred and 
merged with the appropriation for ``Rural Development, Salaries and 
Expenses'' and shall remain available until September 30, 2012: 
Provided, That the authority provided in this paragraph shall apply to 
appropriations under this heading in lieu of the provisions of section 
1106 of this Act.
    Funds appropriated by this Act to the Rural Community Advancement 
Program for rural community facilities, rural business, and rural water 
and waste disposal direct loans, loan guarantees and grants may be 
transferred among these programs: Provided, That the Committees on 
Appropriations of the House of Representatives and the Senate shall be 
notified at least 15 days in advance of any transfer.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

     For an additional amount of gross obligations for the principal 
amount of direct and guaranteed loans as authorized by title V of the 
Housing Act of 1949, to be available from funds in the rural housing 
insurance fund, as follows: $22,129,000,000 for loans to section 502 
borrowers, of which $4,018,000,000 shall be for direct loans, and of 
which $18,111,000,000 shall be for unsubsidized guaranteed loans.
    For an additional amount for the cost of direct and guaranteed 
loans, including the cost of modifying loans, as defined in section 502 
of the Congressional Budget Act of 1974, as follows: section 502 loans, 
$500,000,000, of which $270,000,000 shall be for direct loans, and of 
which $230,000,000 shall be for unsubsidized guaranteed loans.
    In addition to other available funds, the Secretary of Agriculture 
may use not more than 3 percent of the funds made available under this 
account for administrative costs to carry out loans and loan guarantees 
funded under this account, of which $1,750,000 will be committed to 
agency projects associated with maintaining the compliance, safety, and 
soundness of the portfolio of loans guaranteed through the section 502 
guaranteed loan program: Provided, These funds shall be transferred and 
merged with the appropriation for ``Rural Development, Salaries and 
Expenses'':  Provided further, That the authority provided in this 
paragraph shall apply to appropriations under this heading in lieu of 
the provisions of section 1106 of this Act.
    Funds appropriated by this Act to the Rural Housing Insurance Fund 
Program account for section 502 direct loans and unsubsidized 
guaranteed loans may be transferred between these programs: Provided, 
That the Committees on Appropriations of the House of Representatives 
and the Senate shall be notified at least 15 days in advance of any 
transfer.

                        Rural Utilities Service

         distance learning, telemedicine, and broadband program

                     (including transfers of funds)

     For an additional amount for the cost of broadband loans and loan 
guarantees, as authorized by the Rural Electrification Act of 1936 (7 
U.S.C. 901 et seq.) and for grants, $2,825,000,000: Provided, That the 
cost of direct and guaranteed loans shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, That, 
notwithstanding title VI of the Rural Electrification Act of 1936, this 
amount is available for grants, loans and loan guarantees for open 
access broadband infrastructure in any area of the United States: 
Provided further, That at least 75 percent of the area to be served by 
a project receiving funds from such grants, loans or loan guarantees 
shall be in a rural area without sufficient access to high speed 
broadband service to facilitate rural economic development, as 
determined by the Secretary of Agriculture: Provided further, That 
priority for awarding funds made available under this paragraph shall 
be given to projects that provide service to the most rural residents 
that do not have access to broadband service: Provided further, That 
priority shall be given for project applications from borrowers or 
former borrowers under title II of the Rural Electrification Act of 
1936 and for project applications that include such borrowers or former 
borrowers: Provided further, That notwithstanding section 1103 of this 
Act, 50 percent of the grants, loans, and loan guarantees made 
available under this heading shall be awarded not later than September 
30, 2009: Provided further, That priority for awarding such funds shall 
be given to project applications that demonstrate that, if the 
application is approved, all project elements will be fully funded: 
Provided further, That priority for awarding such funds shall be given 
to project applications for activities that can be completed if the 
requested funds are provided: Provided further, That priority for 
awarding such funds shall be given to activities that can commence 
promptly following enactment of this Act: Provided further, That no 
area of a project funded with amounts made available under this 
paragraph may receive funding to provide broadband service under the 
Broadband Deployment Grant Program: Provided further, That the 
Secretary shall submit a report on planned spending and actual 
obligations describing the use of these funds not later than 90 days 
after the date of enactment of this Act, and quarterly thereafter until 
all funds are obligated, to the Committees on Appropriations of the 
House of Representatives and the Senate.
     In addition to other available funds, the Secretary may use not 
more than 3 percent of the funds made available under this account for 
administrative costs to carry out loans, loan guarantees, and grants 
funded under this account, which shall be transferred and merged with 
the appropriation for ``Rural Development, Salaries and Expenses'' and 
shall remain available until September 30, 2012: Provided, That the 
authority provided in this paragraph shall apply to appropriations 
under this heading in lieu of the provisions of section 1106 of this 
Act.

                       Food and Nutrition Service

special supplemental nutrition program for women, infants, and children 
                                 (wic)

    For an additional amount for the special supplemental nutrition 
program as authorized by section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786), $100,000,000, for the purposes specified in section 
17(h)(10)(B)(ii) for the Secretary of Agriculture to provide assistance 
to State agencies to implement new management information systems or 
improve existing management information systems for the program.

                   emergency food assistance program

    For an additional amount for the emergency food assistance program 
as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance 
Act of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000, of which $100,000,000 
is for the purchase of commodities and of which $50,000,000 is for 
costs associated with the distribution of commodities

                     GENERAL PROVISIONS, THIS TITLE

SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER THE SUPPLEMENTAL 
              NUTRITION ASSISTANCE PROGRAM.

    (a) Maximum Benefit Increase.--
            (1) In general.--Beginning the first month that begins not 
        less than 25 days after the date of enactment of this Act, the 
        value of benefits determined under section 8(a) of the Food and 
        Nutrition Act of 2008 and consolidated block grants for Puerto 
        Rico and American Samoa determined under section 19(a) of such 
        Act shall be calculated using 113.6 percent of the June 2008 
        value of the thrifty food plan as specified under section 3(o) 
        of such Act.
            (2) Termination.--
                    (A) The authority provided by this subsection shall 
                terminate after September 30, 2009.
                    (B) Notwithstanding subparagraph (A), the Secretary 
                of Agriculture may not reduce the value of the maximum 
                allotment below the level in effect for fiscal year 
                2009 as a result of paragraph (1).
    (b) Requirements for the Secretary.--In carrying out this section, 
the Secretary shall--
            (1) consider the benefit increases described in subsection 
        (a) to be a ``mass change'';
            (2) require a simple process for States to notify 
        households of the increase in benefits;
            (3) consider section 16(c)(3)(A) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in 
        the implementation of this section, without regard to the 120-
        day limit described in that section; and
            (4) have the authority to take such measures as necessary 
        to ensure the efficient administration of the benefits provided 
        in this section.
    (c) Administrative Expenses.--
            (1) In general.--For the costs of State administrative 
        expenses associated with carrying out this section, the 
        Secretary shall make available $150,000,000 in each of fiscal 
        years 2009 and 2010, to remain available through September 30, 
        2012, of which $4,500,000 is for necessary expenses of the Food 
        and Nutrition Service for management and oversight of the 
        program and for monitoring the integrity and evaluating the 
        effects of the payments made under this section.
            (2) Availability of funds.--Funds described in paragraph 
        (1) shall be made available as grants to State agencies based 
        on each State's share of households that participate in the 
        Supplemental Nutrition Assistance Program as reported to the 
        Department of Agriculture for the 12-month period ending with 
        June, 2008.
    (d) Treatment of Jobless Workers.--Beginning with the first month 
that begins not less than 25 days after the date of enactment of this 
Act, and for each subsequent month through September 30, 2010, jobless 
adults who comply with work registration and employment and training 
requirements under section 6, section 20, or section 26 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2015, 2029, or 2035) shall not be 
disqualified from the Supplemental Nutrition Assistance Program because 
of the provisions of section 6(o)(2) of such Act (7 U.S.C. 2015(o)(2)). 
Beginning on October 1, 2010, for the purposes of section 6(o), a State 
agency shall disregard any period during which an individual received 
Supplemental Nutrition Assistance Program benefits prior to October 1, 
2010.
    (e) Funding.--There is appropriated to the Secretary of Agriculture 
such sums as are necessary to carry out this section, to remain 
available until expended. Section 1106 of this Act shall not apply to 
this appropriation.

SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK CHILDREN.

    Section 17(r) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1766 (r)) is amended by striking paragraph (5).

               TITLE III--COMMERCE, JUSTICE, AND SCIENCE

                          Subtitle A--Commerce

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                Economic Development Assistance Programs

                     (including transfer of funds)

    For an additional amount for ``Economic Development Assistance 
Programs'', $250,000,000: Provided, That the amount set aside from this 
appropriation pursuant to section 1106 of this Act shall not exceed 2 
percent instead of the percentage specified in such section: Provided 
further, That the amount set aside pursuant to the previous proviso 
shall be transferred to and merged with the appropriation for 
``Salaries and Expenses'' for purposes of program administration and 
oversight: Provided further, That up to $50,000,000 may be transferred 
to federally authorized regional economic development commissions.

                          Bureau of the Census

                     periodic censuses and programs

     For an additional amount for ``Periodic Censuses and Programs'', 
$1,000,000,000: Provided, That section 1106 of this Act shall not apply 
to funds provided under this heading.

       National Telecommunications and Information Administration

                         salaries and expenses

     For an additional amount for ``Salaries and Expenses'', 
$350,000,000, to remain available until September 30, 2011: Provided, 
That funds shall be available to establish the State Broadband Data and 
Development Grant Program, as authorized by Public Law 110-385, for the 
development and implementation of statewide initiatives to identify and 
track the availability and adoption of broadband services within each 
State, and to develop and maintain a nationwide broadband inventory 
map, as authorized by section 3101 of this Act.

            wireless and broadband deployment grant programs

                     (including transfer of funds)

    For necessary expenses related to the Wireless and Broadband 
Deployment Grant Programs established by section 3102 of this Act, 
$2,825,000,000, of which $1,000,000,000 shall be for Wireless 
Deployment Grants and $1,825,000,000 shall be for Broadband Deployment 
Grants: Provided, That the National Telecommunications and Information 
Administration shall submit a report on planned spending and actual 
obligations describing the use of these funds not later than 120 days 
after the date of enactment of this Act, and an update report not later 
than 60 days following the initial report, to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Energy and Commerce of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate: 
Provided further, That notwithstanding section 1103 of this Act, 50 
percent of the grants made available under this heading shall be 
awarded not later than September 30, 2009: Provided further, That up to 
20 percent of the funds provided under this heading for Wireless 
Deployment Grants and Broadband Deployment Grants may be transferred 
between these programs: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate shall be 
notified at least 15 days in advance of any transfer.

                digital-to-analog converter box program

    Notwithstanding any other provision of law, and in addition to 
amounts otherwise provided in any other Act, for costs associated with 
the Digital-to-Analog Converter Box Program, $650,000,000, to be 
available until September 30, 2009: Provided, That these funds shall be 
available for coupons and related activities, including but not limited 
to education, consumer support and outreach, as deemed appropriate and 
necessary to ensure a timely conversion of analog to digital 
television.

             National Institute of Standards and Technology

             scientific and technical research and services

     For an additional amount for ``Scientific and Technical Research 
and Services'', $100,000,000.

                     industrial technology services

     For an additional amount for ``Industrial Technology Services'', 
$100,000,000, of which $70,000,000 shall be available for the necessary 
expenses of the Technology Innovation Program and $30,000,000 shall be 
available for the necessary expenses of the Hollings Manufacturing 
Extension Partnership.

                  construction of research facilities

     For an additional amount for ``Construction of Research 
Facilities'', as authorized by sections 13 through 15 of the Act of 
March 13, 1901 (15 U.S.C. 278c-278e), $300,000,000, for a competitive 
construction grant program for research science buildings: Provided 
further, That for peer-reviewed grants made under this heading, the 
time limitation provided in section 1103(b) of this Act shall be 120 
days.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $400,000,000, for habitat restoration and mitigation 
activities.

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $600,000,000, for accelerating satellite development 
and acquisition, acquiring climate sensors and climate modeling 
capacity, and establishing climate data records: Provided further, That 
not less than $140,000,000 shall be available for climate data 
modeling.

                   GENERAL PROVISIONS, THIS SUBTITLE

SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPABILITY AND AVAILABILITY.

    (a) Establishment.--To provide a comprehensive nationwide inventory 
of existing broadband service capability and availability, the National 
Telecommunications and Information Administration (``NTIA'') shall 
develop and maintain a broadband inventory map of the United States 
that identifies and depicts the geographic extent to which broadband 
service capability is deployed and available from a commercial provider 
or public provider throughout each State.
    (b) Public Availability and Interactivity.--Not later than 2 years 
after the date of enactment of this Act, the NTIA shall make the 
broadband inventory map developed and maintained pursuant to this 
section accessible by the public on a World Wide Web site of the NTIA 
in a form that is interactive and searchable.

SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT GRANT PROGRAMS.

    (a) Grants Authorized.--
            (1) In general.--The National Telecommunications and 
        Information Administration (``NTIA'') is authorized to carry 
        out a program to award grants to eligible entities for the non-
        recurring costs associated with the deployment of broadband 
        infrastructure in rural, suburban, and urban areas, in 
        accordance with the requirements of this section.
            (2) Program website.--The NTIA shall develop and maintain a 
        website to make publicly available information about the 
        program described in paragraph (1), including--
                    (A) each prioritization report submitted by a State 
                under subsection (b);
                    (B) a list of eligible entities that have applied 
                for a grant under this section, and the area or areas 
                the entity proposes to serve; and
                    (C) the status of each such application, whether 
                approved, denied, or pending.
    (b) State Priorities.--
            (1) Priorities report submission.--Not later than 75 days 
        after the date of enactment of this section, each State 
        intending to participate in the program under this section 
        shall submit to the NTIA a report indicating the geographic 
        areas of the State which--
                    (A) for the purposes of determining the need for 
                Wireless Deployment Grants under subsection (c), the 
                State considers to have the greatest priority for--
                            (i) wireless voice service in unserved 
                        areas; and
                            (ii) advanced wireless broadband service in 
                        underserved areas; and
                    (B) for the purposes of determining the need for 
                Broadband Deployment Grants under subsection (d), the 
                State considers to have the greatest priority for--
                            (i) basic broadband service in unserved 
                        areas; and
                            (ii) advanced broadband service in 
                        underserved areas.
            (2) Limitation.--The unserved and underserved areas 
        identified by a State in the report required by this subsection 
        shall not represent, in the aggregate, more than 20 percent of 
        the population or of the geographic area of such State.
    (c) Wireless Deployment Grants.--
            (1) Authorized activity.--The NTIA shall award Wireless 
        Deployment Grants in accordance with this subsection from money 
        appropriated for Wireless Deployment Grants by this subtitle to 
        eligible entities to deploy necessary infrastructure for the 
        provision of wireless voice service or advanced wireless 
        broadband service to end users in designated areas.
            (2) Grant distribution.--The NTIA shall seek to distribute 
        grants, to the extent possible, so that 25 percent of the 
        grants awarded under this subsection shall be awarded to 
        eligible entities for providing wireless voice service to 
        unserved areas and 75 percent of grants awarded under this 
        subsection shall be awarded to eligible entities for providing 
        advanced wireless broadband service to underserved areas.
    (d) Broadband Deployment Grants.--
            (1) Authorized activity.--The NTIA shall award Broadband 
        Deployment Grants in accordance with this subsection from money 
        appropriated for Broadband Deployment Grants by this subtitle 
        to eligible entities to deploy necessary infrastructure for the 
        provision of basic broadband service or advanced broadband 
        service to end users in designated areas.
            (2) Grant distribution.--The NTIA shall seek to distribute 
        grants, to the extent possible, so that 25 percent of the 
        grants awarded under this subsection shall be awarded to 
        eligible entities for providing basic broadband service to 
        unserved areas and 75 percent of grants awarded under this 
        subsection shall be awarded to eligible entities for providing 
        advanced broadband service to underserved areas.
    (e) Grant Requirements.--The NTIA shall--
            (1) adopt rules to protect against unjust enrichment; and
            (2) ensure that grant recipients--
                    (A) meet buildout requirements;
                    (B) maximize use of the supported infrastructure by 
                the public;
                    (C) operate basic and advanced broadband service 
                networks on an open access basis;
                    (D) operate advanced wireless broadband service on 
                a wireless open access basis; and
                    (E) adhere to the principles contained in the 
                Federal Communications Commission's broadband policy 
                statement (FCC 05-151, adopted August 5, 2005).
    (f) Applications.--
            (1) Submission.--To be considered for a grant awarded under 
        subsection (c) or (d), an eligible entity shall submit to the 
        NTIA an application at such time, in such manner, and 
        containing such information as the NTIA may require. Such an 
        application shall include--
                    (A) a cost-study estimate for serving the 
                particular geographic area to be served by the entity;
                    (B) an engineering plan;
                    (C) a proposed build-out schedule to residential 
                households and small businesses in the area;
                    (D) for applicants for Wireless Deployment Grants 
                under subsection (c), a build-out schedule for 
                geographic coverage of such areas; and
                    (E) any other requirements the NTIA deems 
                necessary.
            (2) Selection.--
                    (A) Notification.--The NTIA shall notify each 
                eligible entity that has submitted a complete 
                application whether the entity has been approved or 
                denied for a grant under this section in timely 
                fashion.
                    (B) Grant distribution considerations.--In awarding 
                grants under this section, the NTIA shall, to the 
                extent practical--
                            (i) award not less than one grant in each 
                        State;
                            (ii) give substantial weight to whether an 
                        application is from an eligible entity to 
                        deploy infrastructure in an area that is an 
                        area--
                                    (I) identified by a State in a 
                                report submitted under subsection (b); 
                                or
                                    (II) in which the NTIA determines 
                                there will be a significant amount of 
                                public safety or emergency response use 
                                of the infrastructure; and
                            (iii) consider whether an application from 
                        an eligible entity to deploy infrastructure in 
                        an area--
                                    (I) will, if approved, increase the 
                                affordability of, or subscribership to, 
                                service to the greatest population of 
                                underserved users in the area;
                                    (II) will, if approved, enhance 
                                service for health care delivery, 
                                education, or children to the greatest 
                                population of underserved users in the 
                                area;
                                    (III) contains concrete plans for 
                                enhancing computer ownership or 
                                computer literacy in the area;
                                    (IV) is from a recipient of more 
                                than 20 percent matching grants from 
                                State, local, or private entities for 
                                service in the area and the extent of 
                                such commitment; and
                                    (V) will, if approved, result in 
                                unjust enrichment because the eligible 
                                entity has applied for, or intends to 
                                apply for, support for the non-
                                recurring costs through another Federal 
                                program for service in the area.
    (g) Consultation.--The NTIA shall consult with the Federal 
Communications Commission and other appropriate Federal agencies in 
implementing this section.
    (h) Definitions.--For the purpose of this section--
            (1) the term ``advanced broadband service'' means a service 
        delivering data to the end user transmitted at a speed of at 
        least 45 megabits per second downstream and at least 15 
        megabits per second upstream;
            (2) the term ``advanced wireless broadband service'' means 
        a wireless service delivering to the end user data transmitted 
        at a speed of at least 3 megabits per second downstream and at 
        least 1 megabit per second upstream over an end-to-end internet 
        protocol wireless network;
            (3) the term ``basic broadband service'' means a service 
        delivering data to the end user transmitted at a speed of at 
        least 5 megabits per second downstream and at least 1 megabit 
        per second upstream;
            (4) the term ``eligible entity'' means--
                    (A) a provider of wireless voice service, advanced 
                wireless broadband service, basic broadband service, or 
                advanced broadband service;
                    (B) a State or unit of local government, or agency 
                or instrumentality thereof, that is or intends to be a 
                provider of any such service; and
                    (C) any other entity, including construction 
                companies, tower-building companies, or other service 
                providers, that the NTIA authorizes by rule to 
                participate in the programs under this section, if such 
                other entity is required to provide access to the 
                supported infrastructure on a neutral, reasonable basis 
                to maximize use;
            (5) the term ``State'' includes the District of Columbia 
        and the territories and possessions;
            (6) the term ``underserved area'' shall be defined by the 
        Federal Communications Commission not later than 45 days after 
        the date of enactment of this section;
            (7) the term ``unserved area'' shall be defined by the 
        Federal Communications Commission not later than 45 days after 
        the date of enactment of this section;
            (8) the term ``wireless voice service'' means the provision 
        of two-way, real-time, voice communications using a mobile 
        service;
            (9) the term ``open access'' shall be defined by the 
        Federal Communications Commission not later than 45 days after 
        the date of enactment of this section; and
            (10) the term ``wireless open access'' shall be defined by 
        the Federal Communications Commission not later than 45 days 
        after the date of enactment of this section.

                          Subtitle B--Justice

                         DEPARTMENT OF JUSTICE

               State and Local Law Enforcement Activities

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $3,000,000,000, to be available for the Edward Byrne 
Memorial Justice Assistance Grant Program as authorized by subpart 1 of 
part E of title I of the Omnibus Crime Control and Safe Streets Act of 
1968, (except that section 1001(c), and the special rules for Puerto 
Rico under section 505(g), of such Act shall not apply for purposes of 
this Act): Provided, That section 1106 of this Act shall not apply to 
funds provided under this heading.

                  community oriented policing services

    For an additional amount for ``Community Oriented Policing 
Services'', $1,000,000,000, to be available for grants under section 
1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
rehiring of additional career law enforcement officers under part Q of 
such title notwithstanding subsection (i) of such section: Provided, 
That for peer-reviewed grants made under this heading, the time 
limitation provided in section 1103(b) of this Act shall be 120 days.

                          Subtitle C--Science

             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                                science

     For an additional amount for ``Science'', $400,000,000, of which 
not less than $250,000,000 shall be solely for accelerating the 
development of the tier 1 set of Earth science climate research 
missions recommended by the National Academies Decadal Survey.

                              aeronautics

     For an additional amount for ``Aeronautics'', $150,000,000.

                     cross agency support programs

     For an additional amount for ``Cross Agency Support Programs'', 
for necessary expenses for restoration and mitigation of National 
Aeronautics and Space Administration owned infrastructure and 
facilities related to the consequences of hurricanes, floods, and other 
natural disasters occurring during 2008 for which the President 
declared a major disaster under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act of 1974, $50,000,000.

                      NATIONAL SCIENCE FOUNDATION

                    research and related activities

     For an additional amount for ``Research and Related Activities'', 
$2,500,000,000: Provided, That $300,000,000 shall be available solely 
for the Major Research Instrumentation program and $200,000,000 shall 
be for activities authorized by title II of Public Law 100-570 for 
academic research facilities modernization: Provided, That for peer-
reviewed grants made under this heading, the time limitation provided 
in section 1103(b) of this Act shall be 120 days.

                     education and human resources

     For an additional amount for ``Education and Human Resources'', 
$100,000,000: Provided, That $60,000,000 shall be for activities 
authorized by section 7030 of Public Law 110-69 and $40,000,000 shall 
be for activities authorized by section 9 of the National Science 
Foundation Authorization Act of 2002 (42 U.S.C. 1862n).

          major research equipment and facilities construction

     For an additional amount for ``Major Research Equipment and 
Facilities Construction'', $400,000,000, which shall be available only 
for approved projects.

                           TITLE IV--DEFENSE

                         DEPARTMENT OF DEFENSE

              Facility Infrastructure Investments, Defense

    For expenses, not otherwise provided for, to improve, repair and 
modernize Department of Defense facilities, restore and modernize Army 
barracks, and invest in the energy efficiency of Department of Defense 
facilities, $4,500,000,000, for Facilities Sustainment, Restoration and 
Modernization programs of the Department of Defense (including minor 
construction and major maintenance and repair), which shall be 
available as follows:
            (1) ``Operation and Maintenance, Army'', $1,490,804,000.
            (2) ``Operation and Maintenance, Navy'', $624,380,000.
            (3) ``Operation and Maintenance, Marine Corps'', 
        $128,499,000.
            (4) ``Operation and Maintenance, Air Force'', 
        $1,236,810,000.
            (5) ``Defense Health Program'', $454,658,000.
            (6) ``Operation and Maintenance, Army Reserve'', 
        $110,899,000.
            (7) ``Operation and Maintenance, Navy Reserve'', 
        $62,162,000.
            (8) ``Operation and Maintenance, Marine Corps Reserve'', 
        $45,038,000.
            (9) ``Operation and Maintenance, Air Force Reserve'', 
        $14,881,000.
            (10) ``Operation and Maintenance, Army National Guard'', 
        $302,700,000.
            (11) ``Operation and Maintenance, Air National Guard'', 
        $29,169,000.

                Energy Research and Development, Defense

    For expenses, not otherwise provided for, for research, 
development, test and evaluation programs for improvements in energy 
generation, transmission, regulation, use, and storage, for military 
installations, military vehicles, and other military equipment, 
$350,000,000, which shall be available as follows:
            (1) ``Research, Development, Test and Evaluation, Army'', 
        $87,500,000.
            (2) ``Research, Development, Test and Evaluation, Navy'', 
        $87,500,000.
            (3) ``Research, Development, Test and Evaluation, Air 
        Force'', $87,500,000.
            (4) ``Research, Development, Test and Evaluation, Defense-
        Wide'', $87,500,000

                       TITLE V--ENERGY AND WATER

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'', $2,000,000,000: 
Provided, That section 102 of Public Law 109-103 (33 U.S.C. 2221) shall 
not apply to funds provided in this paragraph: Provided further, That 
notwithstanding any other provision of law, funds provided in this 
paragraph shall not be cost shared with the Inland Waterways Trust Fund 
as authorized in Public Law 99-662: Provided further, That funds 
provided in this paragraph may only be used for programs, projects or 
activities previously funded: Provided further, That the Corps of 
Engineers is directed to prioritize funding for activities based on the 
ability to accelerate existing contracts or fully fund project elements 
and contracts for such elements in a time period of 2 years after the 
date of enactment of this Act giving preference to projects and 
activities that are labor intensive: Provided further, That funds 
provided in this paragraph shall be used for elements of projects, 
programs or activities that can be completed using funds provided 
herein: Provided further, That funds appropriated in this paragraph may 
be used by the Secretary of the Army, acting through the Chief of 
Engineers, to undertake work authorized to be carried out in accordance 
with one or more of section 14 of the Flood Control Act of 1946 (33 
U.S.C. 701r), section 205 of the Flood Control Act of 1948 (33 U.S.C. 
701s), section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330), and section 1135 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2309a), notwithstanding the program cost limitations 
set forth in those sections: Provided further, That the limitation 
concerning total project costs in section 902 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply 
during fiscal year 2009 to any project that received funds provided in 
this title: Provided further, That for projects that are being 
completed with funds appropriated in this Act that are otherwise 
expired or lapsed for obligation, expired or lapsed funds appropriated 
in this Act may be used to pay the cost of associated supervision, 
inspection, overhead, engineering and design on those projects and on 
subsequent claims, if any: Provided further, That the Secretary of the 
Army shall submit a quarterly report to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation, obligation and expenditures of these funds, beginning 
not later than 45 days after enactment of this Act.

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'', 
$250,000,000: Provided, That funds provided in this paragraph may only 
be used for programs, projects, or activities previously funded: 
Provided further, That the Corps of Engineers is directed to prioritize 
funding for activities based on the ability to accelerate existing 
contracts or fully fund project elements and contracts for such 
elements in a time period of 2 years after the date of enactment of 
this Act giving preference to projects and activities that are labor 
intensive: Provided further, That funds provided in this paragraph 
shall be used for elements of projects, programs, or activities that 
can be completed using funds provided herein: Provided further, That 
for projects that are being completed with funds appropriated in this 
Act that are otherwise expired or lapsed for obligation, expired or 
lapsed funds appropriated in this Act may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any: Provided further, That 
the Secretary of the Army shall submit a quarterly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation, obligation and expenditures of these 
funds, beginning not later than 45 days after enactment of this Act.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'', 
$2,225,000,000: Provided, That the Corps of Engineers is directed to 
prioritize funding for activities based on the ability to accelerate 
existing contracts or fully fund project elements and contracts for 
such elements in a time period of 2 years after the date of enactment 
of this Act giving preference to projects and activities that are labor 
intensive: Provided further, That funds provided in this paragraph 
shall be used for elements of projects, programs, or activities that 
can be completed using funds provided herein: Provided further, That 
for projects that are being completed with funds appropriated in this 
Act that are otherwise expired or lapsed for obligation, expired or 
lapsed funds appropriated in this Act may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any: Provided further, That 
the Secretary of the Army shall submit a quarterly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation, obligation and expenditures of these 
funds, beginning not later than 45 days after enactment of this Act.

                           regulatory program

    For an additional amount for ``Regulatory Program'', $25,000,000.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

    For an additional amount for ``Water and Related Resources'', 
$500,000,000: Provided, That of the amount appropriated under this 
heading, not less than $126,000,000 shall be used for water reclamation 
and reuse projects authorized under title XVI of Public Law 102-575: 
Provided further, That of the amount appropriated under this heading, 
not less than $80,000,000 shall be used for rural water projects and 
these funds shall be expended primarily on water intake and treatment 
facilities of such projects: Provided further, That the costs of 
reimbursable activities, other than for maintenance and rehabilitation, 
carried out with funds made available under this heading shall be 
repaid pursuant to existing authorities and agreements: Provided 
further, That the costs of maintenance and rehabilitation activities 
carried out with funds provided in this Act shall be repaid pursuant to 
existing authority, except the length of repayment period shall be 
determined on needs-based criteria to be established and adopted by the 
Commissioner of the Bureau of Reclamation, but in no case shall the 
repayment period exceed 25 years.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

     For an additional amount for ``Energy Efficiency and Renewable 
Energy'', $18,500,000,000, which shall be used as follows:
            (1) $2,000,000,000 shall be for expenses necessary for 
        energy efficiency and renewable energy research, development, 
        demonstration and deployment activities, to accelerate the 
        development of technologies, to include advanced batteries, of 
        which not less than $800,000,000 is for biomass and 
        $400,000,000 is for geothermal technologies.
            (2) $500,000,000 shall be for expenses necessary to 
        implement the programs authorized under part E of title III of 
        the Energy Policy and Conservation Act (42 U.S.C. 6341 et 
        seq.).
            (3) $1,000,000,000 shall be for the cost of grants to 
        institutional entities for energy sustainability and efficiency 
        under section 399A of the Energy Policy and Conservation Act 
        (42 U.S.C. 6371h- 1).
            (4) $6,200,000,000 shall be for the Weatherization 
        Assistance Program under part A of title IV of the Energy 
        Conservation and Production Act (42 U.S.C. 6861 et seq.).
            (5) $3,500,000,000 shall be for Energy Efficiency and 
        Conservation Block Grants, for implementation of programs 
        authorized under subtitle E of title V of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17151 et 
        seq.).
            (6) $3,400,000,000 shall be for the State Energy Program 
        authorized under part D of title III of the Energy Policy and 
        Conservation Act (42 U.S.C. 6321).
            (7) $200,000,000 shall be for expenses necessary to 
        implement the programs authorized under section 131 of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 17011).
            (8) $300,000,000 shall be for expenses necessary to 
        implement the program authorized under section 124 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15821) and the Energy Star 
        program.
            (9) $400,000,000 shall be for expenses necessary to 
        implement the program authorized under section 721 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16071).
            (10) $1,000,000,000 shall be for expenses necessary for the 
        manufacturing of advanced batteries authorized under section 
        136(b)(1)(B) of the Energy Independence and Security Act of 
        2007 (42 U.S.C. 17013(b)(1)(B)):
Provided, That notwithstanding section 3304 of title 5, United States 
Code, and without regard to the provisions of sections 3309 through 
3318 of such title 5, the Secretary of Energy may, upon a determination 
that there is a severe shortage of candidates or a critical hiring need 
for particular positions, recruit and directly appoint highly qualified 
individuals into the competitive service: Provided further, That such 
authority shall not apply to positions in the Excepted Service or the 
Senior Executive Service: Provided further, That any action authorized 
herein shall be consistent with the merit principles of section 2301 of 
such title 5, and the Department shall comply with the public notice 
requirements of section 3327 of such title 5.

              Electricity Delivery and Energy Reliability

    For an additional amount for ``Electricity Delivery and Energy 
Reliability,'' $4,500,000,000: Provided, That funds shall be available 
for expenses necessary for electricity delivery and energy reliability 
activities to modernize the electric grid, enhance security and 
reliability of the energy infrastructure, energy storage research, 
development, demonstration and deployment, and facilitate recovery from 
disruptions to the energy supply, and for implementation of programs 
authorized under title XIII of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17381 et seq.): Provided further, That of such 
amounts, $100,000,000 shall be for worker training: Provided further, 
That the Secretary of Energy may use or transfer amounts provided under 
this heading to carry out new authority for transmission improvements, 
if such authority is enacted in any subsequent Act, consistent with 
existing fiscal management practices and procedures.

                Advanced Battery Loan Guarantee Program

    For the cost of guaranteed loans as authorized by section 135 of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17012), 
$1,000,000,000, to remain available until expended: Provided, That of 
such amount, $10,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be in lieu of the 
amount set aside under section 1106 of this Act: Provided further, 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.

                  Institutional Loan Guarantee Program

    For the cost of guaranteed loans as authorized by section 399A of 
the Energy Policy and Conservation Act (42 U.S.C. 6371h-1), 
$500,000,000: Provided, That of such amount, $10,000,000 shall be used 
for administrative expenses in carrying out the guaranteed loan 
program, and shall be in lieu of the amount set aside under section 
1106 of this Act: Provided further, 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.

              Innovative Technology Loan Guarantee Program

    For an additional amount for ``Innovative Technology Loan Guarantee 
Program'' for the cost of guaranteed loans authorized by section 1705 
of the Energy Policy Act of 2005, $8,000,000,000: Provided, That of 
such amount, $25,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be in lieu of the 
amount set aside under section 1106 of this Act: Provided further, 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.

                             Fossil Energy

     For an additional amount for ``Fossil Energy'', $2,400,000,000 for 
necessary expenses to demonstrate carbon capture and sequestration 
technologies as authorized under section 702 of the Energy Independence 
and Security Act of 2007.

                                Science

    For an additional amount for ``Science'', $2,000,000,000: Provided, 
That of such amounts, not less than $400,000,000 shall be used for the 
Advanced Research Projects Agency--Energy authorized under section 5012 
of the America COMPETES Act (42 U.S.C. 16538): Provided further, That 
of such amounts, not less than $100,000,000 shall be used for advanced 
scientific computing.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For an additional amount for ``Defense Environmental Cleanup,'' 
$500,000,000: Provided, That such amounts shall be used for elements of 
projects, programs, or activities that can be completed using funds 
provided herein.

                     GENERAL PROVISIONS, THIS TITLE

SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY INDEPENDENCE AND 
              SECURITY ACT OF 2007.

    (a) Section 543(a) of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17153(a)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) 34 percent to eligible units of local government-
        alternative 1, in accordance with subsection (b);
            ``(2) 34 percent to eligible units of local government-
        alternative 2, in accordance with subsection (b);''.
    (b) Section 548(a)(1) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17158(a)(1)) is amending by striking ``; provided'' 
and all that follows through ``541(3)(B)''.

SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY INDEPENDENCE AND 
              SECURITY ACT OF 2007.

    Title XIII of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17381 and following) is amended as follows:
            (1) By amending subparagraph (A) of section 1304(b)(3) to 
        read as follows:
                    ``(A) In general.--In carrying out the initiative, 
                the Secretary shall provide financial support to smart 
                grid demonstration projects including those in rural 
                areas and areas where the majority of generation and 
                transmission assets are controlled by a tax-exempt 
                entity.''.
            (2) By amending subparagraph (C) of section 1304(b)(3) to 
        read as follows:
                    ``(C) Federal share of cost of technology 
                investments.--The Secretary shall provide to an 
                electric utility described in subparagraph (B) or to 
                other parties financial assistance for use in paying an 
                amount equal to not more than 50 percent of the cost of 
                qualifying advanced grid technology investments made by 
                the electric utility or other party to carry out a 
                demonstration project.''.
            (3) By inserting a new subparagraph (E) after section 
        1304(b)(3)(D) as follows:
                    ``(E) Availability of data.--The Secretary shall 
                establish and maintain a smart grid information 
                clearinghouse in a timely manner which will make data 
                from smart grid demonstration projects and other 
                sources available to the public. As a condition of 
                receiving financial assistance under this subsection, a 
                utility or other participant in a smart grid 
                demonstration project shall provide such information as 
                the Secretary may require to become available through 
                the smart grid information clearinghouse in the form 
                and within the timeframes as directed by the Secretary. 
                The Secretary shall assure that business proprietary 
                information and individual customer information is not 
                included in the information made available through the 
                clearinghouse.''.
            (4) By amending paragraph (2) of section 1304(c) to read as 
        follows:
            ``(2) to carry out subsection (b), such sums as may be 
        necessary.''.
            (5) By amending subsection (a) of section 1306 by striking 
        ``reimbursement of one-fifth (20 percent)'' and inserting 
        ``grants of up to one-half (50 percent)''.
            (6) By striking the last sentence of subsection (b)(9) of 
        section 1306.
            (7) By striking ``are eligible for'' in subsection (c)(1) 
        of section 1306 and inserting ``utilize''.
            (8) By amending subsection (e) of section 1306 to read as 
        follows:
    ``(e) Procedures and Rules.--The Secretary shall--
            ``(1) establish within 60 days after the enactment of the 
        American Recovery and Reinvestment Act of 2009 procedures by 
        which applicants can obtain grants of not more than one-half of 
        their documented costs;
            ``(2) establish procedures to ensure that there is no 
        duplication or multiple payment for the same investment or 
        costs, that the grant goes to the party making the actual 
        expenditures for qualifying smart grid investments, and that 
        the grants made have significant effect in encouraging and 
        facilitating the development of a smart grid;
            ``(3) maintain public records of grants made, recipients, 
        and qualifying smart grid investments which have received 
        grants;
            ``(4) establish procedures to provide advance payment of 
        moneys up to the full amount of the grant award; and
            ``(5) have and exercise the discretion to deny grants for 
        investments that do not qualify in the reasonable judgment of 
        the Secretary.''.

SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION LOAN 
              GUARANTEE PROGRAMS.

    (a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42 
U.S.C. 16511 et seq.) is amended by adding the following at the end:

``SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY 
              AND ELECTRIC POWER TRANSMISSION PROJECTS.

    ``(a) In General.--Notwithstanding section 1703, the Secretary may 
make guarantees under this section only for commercial technology 
projects under subsection (b) that will commence construction not later 
than September 30, 2011.
    ``(b) Categories.--Projects from only the following categories 
shall be eligible for support under this section:
            ``(1) Renewable energy systems.
            ``(2) Electric power transmission systems.
    ``(c) Wage Rate Requirements.--The Secretary shall require that 
each recipient of support under this section provide reasonable 
assurance that all laborers and mechanics employed in the performance 
of the project for which the assistance is provided, including those 
employed by contractors or subcontractors, will be paid wages at rates 
not less than those prevailing on similar work in the locality as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of part A of subtitle II of title 40, United States Code 
(commonly referred to as the `Davis-Bacon Act').
    ``(d) Sunset.--The authority to enter into guarantees under this 
section shall expire on September 30, 2011.''.
    (b) Table of Contents Amendment.--The table of contents for the 
Energy Policy Act of 2005 is amended by inserting after the item 
relating to section 1704 the following new item:

``Sec. 1705. Temporary program for rapid deployment of renewable energy 
                            and electric power transmission 
                            projects.''.

SEC. 5004. WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY.

    The Hoover Power Plant Act of 1984 (Public Law 98-381) is amended 
by adding at the end the following:

                    ``TITLE III--BORROWING AUTHORITY

``SEC. 301. WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY.

    ``(a) Definitions.--In this section--
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Western Area Power Administration.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
    ``(b) Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, subject to paragraphs (2) through (5)--
                    ``(A) the Western Area Power Administration may 
                borrow funds from the Treasury; and
                    ``(B) the Secretary shall, without further 
                appropriation and without fiscal year limitation, loan 
                to the Western Area Power Administration, on such terms 
                as may be fixed by the Administrator and the Secretary, 
                such sums (not to exceed, in the aggregate (including 
                deferred interest), $3,250,000,000 in outstanding 
                repayable balances at any 1 time) as, in the judgment 
                of the Administrator, are from time to time required 
                for the purpose of--
                            ``(i) constructing, financing, 
                        facilitating, or studying construction of new 
                        or upgraded electric power transmission lines 
                        and related facilities with at least 1 terminus 
                        within the area served by the Western Area 
                        Power Administration; and
                            ``(ii) delivering or facilitating the 
                        delivery of power generated by renewable energy 
                        resources constructed or reasonably expected to 
                        be constructed after the date of enactment of 
                        this section.
            ``(2) Interest.--The rate of interest to be charged in 
        connection with any loan made pursuant to this subsection shall 
        be fixed by the Secretary, taking into consideration market 
        yields on outstanding marketable obligations of the United 
        States of comparable maturities as of the date of the loan.
            ``(3) Refinancing.--The Western Area Power Administration 
        may refinance loans taken pursuant to this section within the 
        Treasury.
            ``(4) Participation.--The Administrator may permit other 
        entities to participate in projects financed under this 
        section.
            ``(5) Congressional review of disbursement.--Effective upon 
        the date of enactment of this section, the Administrator shall 
        have the authority to have utilized $1,750,000,000 at any one 
        time. If the Administrator seeks to borrow funds above 
        $1,750,000,000, the funds will be disbursed unless there is 
        enacted, within 90 calendar days of the first such request, a 
        joint resolution that rescinds the remainder of the balance of 
        the borrowing authority provided in this section.
    ``(c) Transmission Line and Related Facility Projects.--
            ``(1) In general.--For repayment purposes, each 
        transmission line and related facility project in which the 
        Western Area Power Administration participates pursuant to this 
        section shall be treated as separate and distinct from--
                    ``(A) each other such project; and
                    ``(B) all other Western Area Power Administration 
                power and transmission facilities.
            ``(2) Proceeds.--The Western Area Power Administration 
        shall apply the proceeds from the use of the transmission 
        capacity from an individual project under this section to the 
        repayment of the principal and interest of the loan from the 
        Treasury attributable to that project, after reserving such 
        funds as the Western Area Power Administration determines are 
        necessary--
                    ``(A) to pay for any ancillary services that are 
                provided; and
                    ``(B) to meet the costs of operating and 
                maintaining the new project from which the revenues are 
                derived.
            ``(3) Source of revenue.--Revenue from the use of projects 
        under this section shall be the only source of revenue for--
                    ``(A) repayment of the associated loan for the 
                project; and
                    ``(B) payment of expenses for ancillary services 
                and operation and maintenance.
            ``(4) Limitation on authority.--Nothing in this section 
        confers on the Administrator any obligation to provide 
        ancillary services to users of transmission facilities 
        developed under this section.
    ``(d) Certification.--
            ``(1) In general.--For each project in which the Western 
        Area Power Administration participates pursuant to this 
        section, the Administrator shall certify, prior to committing 
        funds for any such project, that--
                    ``(A) the project is in the public interest;
                    ``(B) the project will not adversely impact system 
                reliability or operations, or other statutory 
                obligations; and
                    ``(C) it is reasonable to expect that the proceeds 
                from the project shall be adequate to make repayment of 
                the loan.
            ``(2) Forgiveness of balances.--
                    ``(A) In general.--If, at the end of the useful 
                life of a project, there is a remaining balance owed to 
                the Treasury under this section, the balance shall be 
                forgiven.
                    ``(B) Unconstructed projects.--Funds expended to 
                study projects that are considered pursuant to this 
                section but that are not constructed shall be forgiven.
                    ``(C) Notification.--The Administrator shall notify 
                the Secretary of such amounts as are to be forgiven 
                under this paragraph.
    ``(e) Public Processes.--
            ``(1) Policies and practices.--Prior to requesting any 
        loans under this section, the Administrator shall use a public 
        process to develop practices and policies that implement the 
        authority granted by this section.
            ``(2) Requests for interests.--In the course of selecting 
        potential projects to be funded under this section, the 
        Administrator shall seek requests for interest from entities 
        interested in identifying potential projects through one or 
        more notices published in the Federal Register.''.

SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS.

    (a) Income Level.--Section 412(7) of the Energy Conservation and 
Production Act (42 U.S.C. 6862(7)) is amended by striking ``150 
percent'' both places it appears and inserting ``200 percent''.
    (b) Assistance Level Per Dwelling Unit.-- Section 415(c)(1) of the 
Energy Conservation and Production Act (42 U.S.C. 6865(c)(1)) is 
amended by striking ``$2,500'' and inserting ``$5,000''.

SEC. 5006. BONNEVILLE POWER ADMINISTRATION.

    For the purposes of providing funds to assist in financing the 
construction, acquisition, and replacement of the transmission system 
of the Bonneville Power Administration and to implement the authority 
of the Administrator under the Pacific Northwest Electric Power 
Planning and Conservation Act (16 U.S.C. 839 et seq.), an additional 
$3,250,000,000 in borrowing authority is made available under the 
Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.), 
to remain outstanding at any time.

SEC. 5007. RENEWABLE ELECTRICITY TRANSMISSION STUDY.

    In completing the 2009 National Electric Transmission Congestion 
Study, the Secretary of Energy shall include--
            (1) an analysis of the significant potential sources of 
        renewable energy that are constrained in accessing appropriate 
        market areas by lack of adequate transmission capacity;
            (2) an analysis of the reasons for failure to develop the 
        adequate transmission capacity; and
            (3) recommendations for achieving adequate transmission 
        capacity.

SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY.

    Not to exceed 20 percent of the amounts made available in this Act 
to the Department of Energy for ``Energy Efficiency and Renewable 
Energy'', ``Electricity Delivery and Energy Reliability'', and 
``Advanced Battery Loan Guarantee Program'' may be transferred within 
and between such accounts, except that no amount specified under any 
such heading may be increased or decreased by more than a total of 20 
percent by such transfers, and notification of such transfers shall be 
submitted promptly to the Committees on Appropriations of the House of 
Representatives and the Senate.

          TITLE VI--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                      Subtitle A--General Services

                    General Services Administration

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

     For an additional amount to be deposited in the Federal Buildings 
Fund, $7,700,000,000 for real property activities with priority given 
to activities that can commence promptly following enactment of this 
Act; of which up to $1,000,000,000 shall be used for construction, 
repair, and alteration of border facilities and land ports of entry; of 
which not less than $6,000,000,000 shall be used for construction, 
repair, and alteration of Federal buildings for projects that will 
create the greatest impact on energy efficiency and conservation; of 
which $108,000,000 shall remain available until September 30, 2012, and 
shall be used for rental of space costs associated with the 
construction, repair, and alteration of these projects; Provided, That 
of the amounts provided, $160,000,000 shall remain available until 
September 30, 2012, and shall be for building operations in support of 
the activities described in this paragraph: Provided further, That the 
preceding proviso shall apply to this appropriation in lieu of the 
provisions of section 1106 of this Act: Provided further, That the 
Administrator of General Services is authorized to initiate design, 
construction, repair, alteration, leasing, and other projects through 
existing authorities of the Administrator: Provided further, That the 
Administrator shall submit a detailed plan, by project, regarding the 
use of funds to the Committees on Appropriations of the House of 
Representatives and the Senate within 30 days after enactment of this 
Act, and shall provide notification to the Committees within 15 days 
prior to any changes regarding the use of these funds: Provided 
further, That the Administrator shall report to the Committees on the 
obligation of these funds on a quarterly basis beginning on June 30, 
2009: Provided further, That of the amounts provided, $4,000,000 shall 
be transferred to and merged with ``Government-Wide Policy'', for the 
Office of Federal High-Performance Green Buildings as authorized in the 
Energy Independence and Security Act of 2007 (Public Law 110-140).

        energy efficient federal motor vehicle fleet procurement

     For capital expenditures and necessary expenses of the General 
Services Administration's Motor Vehicle Acquisition and Motor Vehicle 
Leasing programs for the acquisition of motor vehicles, including plug-
in and alternative fuel vehicles, $600,000,000: Provided, That the 
amount set aside from this appropriation pursuant to section 1106 of 
this Act shall be 1 percent instead of the percentage specified in such 
section: Provided further, That none of these funds may be obligated 
until the Administrator of General Services submits to the Committees 
on Appropriations of the House of Representatives and the Senate, 
within 90 days after enactment of this Act, a plan for expenditure of 
the funds that details the current inventory of the Federal fleet owned 
by the General Services Administration, as well as other Federal 
agencies, and the strategy to expend these funds to replace a portion 
of the Federal fleet with the goal of substantially increasing energy 
efficiency over the current status, including increasing fuel 
efficiency and reducing emissions: Provided further, That the 
Administrator shall report to the Committees on the obligation of these 
funds on a quarterly basis beginning on June 30, 2009.

                       Subtitle B--Small Business

                     Small Business Administration

                     business loans program account

                     (including transfers of funds)

    For the cost of direct loans and loan guarantees authorized by 
sections 6202 through 6205 of this Act, $426,000,000: Provided, That 
such cost, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses to carry out the direct loan and 
loan guarantee programs authorized by this Act, $4,000,000, which may 
be transferred to and merged with the appropriations for Salaries and 
Expenses: Provided, That this sentence shall apply to this 
appropriation in lieu of the provisions of section 1106 of this Act.

                   GENERAL PROVISIONS, THIS SUBTITLE

SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL BUSINESSES.

    (a) Purpose.--The purpose of this section is to permit the Small 
Business Administration to guarantee up to 95 percent of qualifying 
small business loans made by eligible lenders.
    (b) Definitions.--For purposes of this section:
            (1) The term ``Administrator'' means the Administrator of 
        the Small Business Administration.
            (2) The term ``qualifying small business loan'' means any 
        loan to a small business concern that would be eligible for a 
        loan guarantee under section 7(a) of the Small Business Act (15 
        U.S.C. 636) or title V of the Small Business Investment Act of 
        1958 (15 U.S.C. 695 and following).
            (3) The term ``small business concern'' has the same 
        meaning as provided by section 3 of the Small Business Act (15 
        U.S.C. 632).
    (c) Application.--In order to participate in the loan guarantee 
program under this section a lender shall submit an application to the 
Administrator for the guarantee of up to 95 percent of the principal 
amount of a qualifying small business loan. The Administrator shall 
approve or deny each such application within 5 business days after 
receipt thereof. The Administrator may not delegate to lenders the 
authority to approve or disapprove such applications.
    (d) Fees.--The Administrator may charge fees for guarantees issued 
under this section. Such fees shall not exceed the fees permitted for 
loan guarantees under section 7(a) of the Small Business Act (15 U.S.C. 
631 and following).
    (e) Interest Rates.--The Administrator may not guarantee under this 
section any loan that bears interest at a rate higher than 3 percent 
above the higher of either of the following as quoted in the Wall 
Street Journal on the first business day of the week in which such 
guarantee is issued:
            (1) The London interbank offered rate (LIBOR) for a 3-month 
        period.
            (2) The Prime Rate.
    (f) Qualified Borrowers.--
            (1) Aliens unlawfully present in the united states.--A loan 
        guarantee may not be made under this section for a loan made to 
        a concern if an individual who is an alien unlawfully present 
        in the United States--
                    (A) has an ownership interest in that concern; or
                    (B) has an ownership interest in another concern 
                that itself has an ownership interest in that concern.
            (2)  Firms in violation of immigration laws.--No loan 
        guarantee may be made under this section for a loan to any 
        entity found, based on a determination by the Secretary of 
        Homeland Security or the Attorney General to have engaged in a 
        pattern or practice of hiring, recruiting or referring for a 
        fee, for employment in the United States an alien knowing the 
        person is an unauthorized alien.
    (g) Criminal Background Checks.--Prior to the approval of any loan 
guarantee under this section, the Administrator may verify the 
applicant's criminal background, or lack thereof, through the best 
available means, including, if possible, use of the National Crime 
Information Center computer system at the Federal Bureau of 
Investigation.
    (h) Application of Other Law.--Nothing in this section shall be 
construed to exempt any activity of the Administrator under this 
section from the Federal Credit Reform Act of 1990 (title V of the 
Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 
and following).
    (i) Sunset.--Loan guarantees may not be issued under this section 
after the date 90 days after the date of establishment (as determined 
by the Administrator) of the economic recovery program under section 
6204.
    (j) Small Business Act Provisions.--The provisions of the Small 
Business Act applicable to loan guarantees under section 7 of that Act 
shall apply to loan guarantees under this section except as otherwise 
provided in this section.
    (k) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY.

     (a) Purpose.--The purpose of this section is to provide the Small 
Business Administration with the authority to establish a Secondary 
Market Lending Authority within the SBA to make loans to the 
systemically important SBA secondary market broker-dealers who operate 
the SBA secondary market.
    (b) Definitions.--For purposes of this section:
            (1) The term ``Administrator'' means the Administrator of 
        the SBA.
            (2) The term ``SBA'' means the Small Business 
        Administration.
            (3) The terms ``Secondary Market Lending Authority'' and 
        ``Authority'' mean the office established under subsection (c).
            (4) The term ``SBA secondary market'' means the market for 
        the purchase and sale of loans originated, underwritten, and 
        closed under the Small Business Act.
            (5) The term ``Systemically Important Secondary Market 
        Broker-Dealers'' mean those entities designated under 
        subsection (c)(1) as vital to the continued operation of the 
        SBA secondary market by reason of their purchase and sale of 
        the government guaranteed portion of loans, or pools of loans, 
        originated, underwritten, and closed under the Small Business 
        Act.
    (c) Responsibilities, Authorities, Organization, and Limitations.--
            (1) Designation of systemically important sba secondary 
        market broker-dealers.--The Administrator shall establish a 
        process to designate, in consultation with the Board of 
        Governors of the Federal Reserve and the Secretary of the 
        Treasury, Systemically Important Secondary Market Broker-
        Dealers.
            (2) Establishment of sba secondary market lending 
        authority.--
                    (A) Organization.--
                            (i) The Administrator shall establish 
                        within the SBA an office to provide loans to 
                        Systemically Important Secondary Market Broker-
                        dealers to be used for the purpose of financing 
                        the inventory of the government guaranteed 
                        portion of loans, originated, underwritten, and 
                        closed under the Small Business Act or pools of 
                        such loans.
                            (ii) The Administrator shall appoint a 
                        Director of the Authority who shall report to 
                        the Administrator.
                            (iii) The Administrator is authorized to 
                        hire such personnel as are necessary to operate 
                        the Authority.
                            (iv) The Administrator may contract such 
                        Authority operations as he determines necessary 
                        to qualified third-party companies or 
                        individuals.
                            (v) The Administrator is authorized to 
                        contract with private sector fiduciary and 
                        custodial agents as necessary to operate the 
                        Authority.
                    (B) Loans.--
                            (i) The Administrator shall establish by 
                        rule a process under which Systemically 
                        Important SBA Secondary Market Broker-Dealers 
                        designated under paragraph (1) may apply to the 
                        Administrator for loans under this section.
                            (ii) The rule under clause (i) shall 
                        provide a process for the Administrator to 
                        consider and make decisions regarding whether 
                        or not to extend a loan applied for under this 
                        section. Such rule shall include provisions to 
                        assure each of the following:
                                    (I) That loans made under this 
                                section are for the sole purpose of 
                                financing the inventory of the 
                                government guaranteed portion of loans, 
                                originated, underwritten, and closed 
                                under the Small Business Act or pools 
                                of such loans.
                                    (II) That loans made under this 
                                section are fully collateralized to the 
                                satisfaction of the Administrator.
                                    (III) That there is no limit to the 
                                frequency in which a borrower may 
                                borrow under this section unless the 
                                Administrator determines that doing so 
                                would create an undue risk of loss to 
                                the agency or the United States.
                                    (IV) That there is no limit on the 
                                size of a loan, subject to the 
                                discretion of the Administrator.
                            (iii) Interest on loans under this section 
                        shall not exceed the Federal Funds target rate 
                        as established by the Federal Reserve Board of 
                        Governors plus 25 basis points.
                            (iv) The rule under this section shall 
                        provide for such loan documents, legal 
                        covenants, collateral requirements and other 
                        required documentation as necessary to protect 
                        the interests of the agency, the United States, 
                        and the taxpayer.
                            (v) The Administrator shall establish 
                        custodial accounts to safeguard any collateral 
                        pledged to the SBA in connection with a loan 
                        under this section.
                            (vi) The Administrator shall establish a 
                        process to disburse and receive funds to and 
                        from borrowers under this section.
                    (C) Limitations on use of loan proceeds by 
                systemically important secondary market broker-
                dealers.--The Administrator shall ensure that borrowers 
                under this section are using funds provided under this 
                section only for the purpose specified in subparagraph 
                (B)(ii)(I). If the Administrator finds that such funds 
                were used for any other purpose, the Administrator 
                shall--
                            (i) require immediate repayment of 
                        outstanding loans;
                            (ii) prohibit the borrower, its affiliates, 
                        or any future corporate manifestation of the 
                        borrower from using the Authority; and
                            (iii) take any other actions the 
                        Administrator, in consultation with the 
                        Attorney General of the United States, deems 
                        appropriate.
    (d) Report to Congress.--The Administrator shall submit a report to 
Congress not later than the third business day of each month containing 
a statement of each of the following:
            (1) The aggregate loan amounts extended during the 
        preceding month under this section.
            (2) The aggregate loan amounts repaid under this section 
        during the proceeding month.
            (3) The aggregate loan amount outstanding under this 
        section.
            (4) The aggregate value of assets held as collateral under 
        this section;
            (5) The amount of any defaults or delinquencies on loans 
        made under this section.
            (6) The identity of any borrower found by the Administrator 
        to misuse funds made available under this section.
            (7) Any other information the Administrator deems necessary 
        to fully inform Congress of undue risk of financial loss to the 
        United States in connection with loans made under this section.
    (e) Duration.--The authority of this section shall remain in effect 
for a period of 2 years after the date of enactment of this section.
    (f) Funding.--Such sums as necessary are authorized to be 
appropriated to carry out the provisions of this section.
    (g) Budget Treatment.--Nothing in this section shall be construed 
to exempt any activity of the Administrator under this section from the 
Federal Credit Reform Act of 1990 (title V of the Congressional Budget 
and Impoundment Control Act of 1974; 2 U.S.C. 661 and following).
    (h) Emergency Rulemaking Authority.--The Administrator shall 
promulgate regulations under this section within 15 days after the date 
of enactment of enactment of this section. In promulgating these 
regulations, the Administrator the notice requirements of section 
553(b) of title 5 of the United States Code shall not apply.

SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET GUARANTEE AUTHORITY.

     (a) Purpose.--The purpose of this section is to provide the 
Administrator with the authority to establish the SBA Secondary Market 
Guarantee Authority within the SBA to provide a Federal guarantee for 
pools of first lien 504 loans that are to be sold to third-party 
investors.
    (b) Definitions.--For purposes of this section:
            (1) The term ``Administrator'' means the Administrator of 
        the Small Business Administration.
            (2) The term ``first lien position 504 loan'' means the 
        first mortgage position, non-federally guaranteed loans made by 
        private sector lenders made under title V of the Small Business 
        Investment Act.
    (c) Establishment of Authority.--
            (1) Organization.--
                    (A) The Administrator shall establish a Secondary 
                Market Guarantee Authority within the Small Business 
                Administration.
                    (B) The Administrator shall appoint a Director of 
                the Authority who shall report to the Administrator.
                    (C) The Administrator is authorized to hire such 
                personnel as are necessary to operate the Authority and 
                may contract such operations of the Authority as 
                necessary to qualified third-party companies or 
                individuals.
                    (D) The Administrator is authorized to contract 
                with private sector fiduciary and custodial agents as 
                necessary to operate the Authority.
            (2) Guarantee process.--
                    (A) The Administrator shall establish, by rule, a 
                process in which private sector entities may apply to 
                the Administration for a Federal guarantee on pools of 
                first lien position 504 loans that are to be sold to 
                third-party investors.
                    (B) The Administrator shall appoint a Director of 
                the Authority who shall report to the Administrator.
                    (C) The Administrator is authorized to hire such 
                personnel as are necessary to operate the Authority and 
                may contract such operations of the Authority as 
                necessary to qualified third-party companies or 
                individuals.
                    (D) The Administrator is authorized to contract 
                with private sector fiduciary and custodial agents as 
                necessary to operate the Authority.
            (3) Responsibilities.--
                    (A) The Administrator shall establish, by rule, a 
                process in which private sector entities may apply to 
                the SBA for a Federal guarantee on pools of first lien 
                position 504 loans that are to be sold to third-party 
                investors.
                    (B) The rule under this section shall provide for a 
                process for the Administrator to consider and make 
                decisions regarding whether to extend a Federal 
                guarantee referred to in clause (i). Such rule shall 
                also provide that:
                            (i) The seller of the pools purchasing a 
                        guarantee under this section retains not less 
                        than 5 percent of the dollar amount of the 
                        pools to be sold to third-party investors.
                            (ii) The seller of such pools shall absorb 
                        any and all losses resulting from a shortage or 
                        excess of monthly cash flows.
                            (iii) The Administrator shall receive a 
                        monthly fee of not more than 50 basis points on 
                        the outstanding balance of the dollar amount of 
                        the pools that are guaranteed.
                            (iv) The Administrator may guarantee not 
                        more than $3,000,000,0000 of pools under this 
                        authority.
                    (C) The Administrator shall establish documents, 
                legal covenants, and other required documentation to 
                protect the interests of the United States.
                    (D) The Administrator shall establish a process to 
                receive and disburse funds to entities under the 
                authority established in this section.
    (d) Limitations.--
            (1) The Administrator shall ensure that entities purchasing 
        a guarantee under this section are using such guarantee for the 
        purpose of selling 504 first lien position pools to third-party 
        investors.
            (2) If the Administrator finds that any such guarantee was 
        used for a purpose other than that specified in paragraph (1), 
        the Administrator shall--
                    (A) terminate such guarantee immediately,
                    (B) prohibit the purchaser of the guarantee or its 
                affiliates (within the meaning of the regulations under 
                13 CFR 121.103) from using the authority of this 
                section in the future; and
                    (C) take any other actions the Administrator, in 
                consultation with the Attorney General of the United 
                States deems appropriate.
    (e) Oversight.--The Administrator shall submit a report to Congress 
not later than the third business day of each month setting forth each 
of the following:
            (1) The aggregate amount of guarantees extended under this 
        section during the proceeding month.
            (2) The aggregate amount of guarantees outstanding.
            (3) Defaults and payments on defaults made under this 
        section.
            (4) The identity of each purchaser of a guarantee found by 
        the Administrator to have misused guarantees under this 
        section.
            (5) Any other information the Administrator deems necessary 
        to fully inform Congress of undue risk to the United States 
        associated with the issuance of guarantees under this section.
    (f) Duration of Program.--The authority of this section shall 
terminate on the date 2 years after the date of enactment of this 
section.
    (g) Funding.--Such sums as necessary are authorized to be 
appropriated to carry out the provisions of this section.
    (h) Budget Treatment.--Nothing in this section shall be construed 
to exempt any activity of the Administrator under this section from the 
Federal Credit Reform Act of 1990 (title V of the Congressional Budget 
and Impoundment Control Act of 1974; 2 U.S.C. 661 and following).
    (i) Emergency Rulemaking Authority.--The Administrator shall issue 
regulations under this section within 15 days after the date of 
enactment of this section. The notice requirements of section 553(b) of 
Title 5, United States Code shall not apply to the promulgation of such 
regulations.

SEC. 6204. ECONOMIC RECOVERY PROGRAM.

    (a) Purpose.--The purpose of this section is to establish a new 
lending and refinancing authority within the Small Business 
Administration.
    (b) Definitions.--For purposes of this section:
            (1) The term ``Administrator'' means the Administrator of 
        the Small Business Administration.
            (2) The term ``small business concern'' has the same 
        meaning as provided by section 3 of the Small Business Act (15 
        U.S.C. 632).
    (c) Refinancing Authority.--
            (1) In general.--Upon application from a lender (and with 
        consent of the borrower), the Administrator may refinance 
        existing non-Small Business Administration or Small Business 
        Administration loans (including loans under sections 7(a) and 
        504 of the Small Business Act) made to small business concerns.
            (2) Eligible loans.--In order to be eligible for 
        refinancing under this section--
                    (A) the amount of the loan refinanced may not 
                exceed $10,000,000 and a first lien must be conveyed to 
                the Administrator;
                    (B) the lender shall offer to accept from the 
                Administrator as full repayment of the loan an amount 
                equal to less than 100 percent but more than 85 percent 
                of the remaining balance of the principal of the loan; 
                and
                    (C) the loan to be refinanced was made before the 
                date of enactment of this Act and for a purpose that 
                would have been eligible for a loan under any Small 
                Business Administration lending program.
            (3) Terms.--The term of the refinancing by the 
        Administrator under this section shall not be less than 
        remaining term on the loan that is refinanced but shall not 
        exceed a term of 20 years. The rate of interest on the loan 
        refinanced under this section shall be fixed by the 
        Administrator at a level that the Administrator determines will 
        result in manageable monthly payments for the borrower.
            (4) Limit.--The Administrator may not refinance amounts 
        under this section that are greater than the amount the lender 
        agrees to accept from the Administrator as full repayment of 
        the loan as provided in paragraph (2)(B).
    (d) Underwriting and Other Loan Services.--
            (1) In general.--The Administrator is authorized to engage 
        in underwriting, loan closing, funding, and servicing of loans 
        made to small business concerns and to guarantee loans made by 
        other entities to small business concerns.
            (2) Application process.--The Administrator shall by rule 
        establish a process in which small business concerns may submit 
        applications to the Administrator for the purposes of securing 
        a loan under this subsection. The Administrator shall, at a 
        minimum, collect all information necessary to determine the 
        creditworthiness and repayment ability of the borrower.
            (3) Participation of lenders.--
                    (A) The Administrator shall by rule establish a 
                process in which the Administrator makes available loan 
                applications and all accompanying information to 
                lenders for the purpose of such lenders originating, 
                underwriting, closing, and servicing such loans.
                    (B) Lenders are eligible to receive loan 
                applications and accompanying information under this 
                paragraph if they participate in the programs 
                established in section 7(a) of the Small Business Act 
                (15 U.S.C. 636) or title V of the Small Business 
                Investment Act (15 U.S.C. 695).
                    (C) The Administrator shall first make available 
                such loan applications and accompanying information to 
                lenders within 100 miles of a loan applicant's 
                principal office.
                    (D) If a lender described in subparagraph (C) does 
                not agree to originate, underwrite, close, and service 
                such loans within 5 business days of receiving the loan 
                applications, the Administrator shall subsequently make 
                available such loan applications and accompanying 
                information to lenders in the Preferred Lenders Program 
                under section 7(a)(2)(C)(ii) of the Small Business Act 
                (15 U.S.C. 636).
                    (E) If a lender described in subparagraph (C) or 
                (D) does not agree to originate, underwrite, close, and 
                service such loans within 10 business days of receiving 
                the loan applications, the Administrator may originate, 
                underwrite, close, and service such loans as described 
                in paragraph (1) of this subsection.
            (4) Asset sales.--The Administrator shall offer to sell 
        loans made or refinanced by the Administrator under this 
        section. Such sales shall be made through semi-annual public 
        solicitation (in the Federal Register and in other media) of 
        offers to purchase. The Administrator may contract with vendors 
        for due diligence, asset valuation, and other services related 
        to such sales. The Administrator may not sell any loan under 
        this section for less than 90 percent of the net present value 
        of the loan, as determined and certified by a qualified third-
        party.
            (5) Loans not sold.--The Administrator shall maintain and 
        service loans made by the Administrator under this section that 
        are not sold through the asset sales under this section.
    (e) Duration.-- The authority of this section shall terminate on 
the date two years after the date on which the program under this 
section becomes operational (as determined by the Administrator).
    (f) Application of Other Law.--Nothing in this section shall be 
construed to exempt any activity of the Administrator under this 
section from the Federal Credit Reform Act of 1990 (title V of the 
Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 
and following).
    (g) Qualified Loans.--
            (1) Aliens unlawfully present in the united states.--A loan 
        to any concern shall not be subject to this section if an 
        individual who is an alien unlawfully present in the United 
        States--
                    (A) has an ownership interest in that concern; or
                    (B) has an ownership interest in another concern 
                that itself has an ownership interest in that concern.
            (2)  Firms in violation of immigration laws.--No loan shall 
        be subject to this section if the borrower is an entity found, 
        based on a determination by the Secretary of Homeland Security 
        or the Attorney General to have engaged in a pattern or 
        practice of hiring, recruiting or referring for a fee, for 
        employment in the United States an alien knowing the person is 
        an unauthorized alien.
    (h) Reports.--The Administrator shall submit a report to Congress 
semi-annually setting forth the aggregate amount of loans and 
geographic dispersion of such loans made, underwritten, closed, funded, 
serviced, sold, guaranteed, or held by the Administrator under the 
authority of this section. Such report shall also set forth information 
concerning loan defaults, prepayments, and recoveries related to loans 
made under the authority of this section.
    (i) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT LENDING.

    (a) Refinancing Under the Local Development Business Loan 
Program.--Section 502 of the Small Business Investment Act of 1958 (15 
U.S.C. 696) is amended by adding at the end the following:
            ``(7) Permissible debt refinancing.--
                    ``(A) In general.--Any financing approved under 
                this title may include a limited amount of debt 
                refinancing.
                    ``(B) Expansions.--If the project involves 
                expansion of a small business concern which has 
                existing indebtedness collateralized by fixed assets, 
                any amount of existing indebtedness that does not 
                exceed \1/2\ of the project cost of the expansion may 
                be refinanced and added to the expansion cost, if--
                            ``(i) the proceeds of the indebtedness were 
                        used to acquire land, including a building 
                        situated thereon, to construct a building 
                        thereon, or to purchase equipment;
                            ``(ii) the borrower has been current on all 
                        payments due on the existing debt for not less 
                        than 1 year preceding the date of refinancing; 
                        and
                            ``(iii) the financing under section 504 
                        will provide better terms or rate of interest 
                        than exists on the debt at the time of 
                        refinancing.''.
    (b) Job Creation Goals.--Section 501(e)(1) and section 501(e)(2) of 
the Small Business Investment Act (15 U.S.C. 695) are each amended by 
striking ``$50,000'' and inserting ``$65,000''.

SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT.

    (a) Simplified Maximum Leverage Limits.--Section 303(b) of the 
Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended--
            (1) by striking so much of paragraph (2) as precedes 
        subparagraphs (C) and (D) and inserting the following:
            ``(2) Maximum leverage.--
                    ``(A) In general.--The maximum amount of 
                outstanding leverage made available to any one company 
                licensed under section 301(c) of this Act may not 
                exceed the lesser of--
                            ``(i) 300 percent of such company's private 
                        capital; or
                            ``(ii) $150,000,000.
                    ``(B) Multiple licenses under common control.--The 
                maximum amount of outstanding leverage made available 
                to two or more companies licensed under section 301(c) 
                of this Act that are commonly controlled (as determined 
                by the Administrator) and not under capital impairment 
                may not exceed $225,000,000.''; and
            (2) by striking paragraph (4).
    (b) Simplified Aggregate Investment Limitations.--Section 306(a) of 
the Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is amended 
to read as follows:
    ``(a) Percentage Limitation on Private Capital.--If any small 
business investment company has obtained financing from the 
Administrator and such financing remains outstanding, the aggregate 
amount of securities acquired and for which commitments may be issued 
by such company under the provisions of this title for any single 
enterprise shall not, without the approval of the Administrator, exceed 
10 percent of the sum of--
            ``(1) the private capital of such company; and
            ``(2) the total amount of leverage projected by the company 
        in the company's business plan that was approved by the 
        Administrator at the time of the grant of the company's 
        license.''.

SEC. 6207. GAO REPORT.

    (a) Report.--Not later than 30 days after the enactment of this 
Act, the Comptroller General of the United States shall report to the 
Congress on the actions of the Administrator in implementing the 
authority established in sections 6201 through 6206 of this Act.
    (b) Included Item.--The report under this section shall include a 
summary of the activity of the Administrator under this section and an 
analysis of whether he is accomplishing the purpose of increasing 
liquidity in the secondary market for Small Business Administration 
loans.

                      TITLE VII--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

     For an additional amount for ``Salaries and Expenses'', 
$100,000,000, for non-intrusive detection technology to be deployed at 
sea ports of entry.

                              construction

    For an additional amount for ``Construction'', $150,000,000, to 
repair and construct inspection facilities at land border ports of 
entry.

                 Transportation Security Administration

                           aviation security

     For an additional amount for ``Aviation Security'', $500,000,000, 
for the purchase and installation of explosive detection systems and 
emerging checkpoint technologies: Provided, That the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
shall prioritize the award of these funds to accelerate the 
installations at locations with completed design plans and to 
expeditiously award new letters of intent.

                              Coast Guard

                         alteration of bridges

     For an additional amount for ``Alteration of Bridges'', 
$150,000,000, for alteration or removal of obstructive bridges, as 
authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 516): 
Provided, That the Coast Guard shall award these funds to those bridges 
that are ready to proceed to construction.

                  Federal Emergency Management Agency

                       emergency food and shelter

    For an additional amount for ``Emergency Food and Shelter'', 
$200,000,000, to carry out the emergency food and shelter program 
pursuant to title III of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11331 et seq.): Provided, That for the purposes of this 
appropriation, the redistribution required by section 1104(b) shall be 
carried out by the Federal Emergency Management Agency and the National 
Board, who may reallocate and obligate any funds that are unclaimed or 
returned to the program: Provided further, That the amount set aside 
from this appropriation pursuant to section 1106 of this Act shall be 
3.5 percent instead of the percentage specified in such section.

                     GENERAL PROVISIONS, THIS TITLE

SEC. 7001. EXTENSION OF PROGRAMS.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking 
``11-year period'' and inserting ``16-year period''.

SEC. 7002. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

    (a) Funding Under Agreement.--Effective for fiscal years beginning 
on or after October 1, 2008, the Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into and maintain an 
agreement which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 404 of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1324a note), including (but not limited to)--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section 404, but only that portion of such 
                costs that are attributable exclusively to such 
                responsibilities; and
                    (B) responding to individuals who contest a 
                tentative nonconfirmation provided by the basic pilot 
                confirmation system established under such section;
            (2) provide such funds quarterly in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary (except in such instances 
        where the delayed enactment of an annual appropriation may 
        preclude such quarterly payments); and
            (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Office of Inspector 
        General of the Social Security Administration and the 
        Department of Homeland Security.
    (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2008, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary of Homeland 
Security providing for funding to cover the costs of the 
responsibilities of the Commissioner under section 404 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) shall be deemed in effect on an interim basis for such 
fiscal year until such time as an agreement required under subsection 
(a) is subsequently reached, except that the terms of such interim 
agreement shall be modified by the Director of the Office of Management 
and Budget to adjust for inflation and any increase or decrease in the 
volume of requests under the basic pilot confirmation system. In any 
case in which an interim agreement applies for any fiscal year under 
this subsection, the Commissioner and the Secretary shall, not later 
than October 1 of such fiscal year, notify the Committee on Ways and 
Means, the Committee on the Judiciary, and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Finance, the Committee on the Judiciary, and the Committee on 
Appropriations of the Senate of the failure to reach the agreement 
required under subsection (a) for such fiscal year. Until such time as 
the agreement required under subsection (a) has been reached for such 
fiscal year, the Commissioner and the Secretary shall, not later than 
the end of each 90-day period after October 1 of such fiscal year, 
notify such Committees of the status of negotiations between the 
Commissioner and the Secretary in order to reach such an agreement.

SEC. 7003. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study regarding erroneous tentative nonconfirmations 
under the basic pilot confirmation system established under section 
404(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
    (b) Matters To Be Studied.--In the study required under subsection 
(a), the Comptroller General shall determine and analyze--
            (1) the causes of erroneous tentative nonconfirmations 
        under the basic pilot confirmation system;
            (2) the processes by which such erroneous tentative 
        nonconfirmations are remedied; and
            (3) the effect of such erroneous tentative nonconfirmations 
        on individuals, employers, and Federal agencies.
    (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall submit the results of the 
study required under subsection (a) to the Committee on Ways and Means 
and the Committee on the Judiciary of the House of Representatives and 
the Committee on Finance and the Committee on the Judiciary of the 
Senate.

SEC. 7004. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL 
              ENTITIES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on the Judiciary of the United States 
House of Representatives and the Senate a report containing the 
Comptroller General's analysis of the effects of the basic pilot 
program described in section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small 
entities (as defined in section 601 of title 5, United States Code). 
The report shall detail--
            (1) the costs of compliance with such program on small 
        entities;
            (2) a description and an estimate of the number of small 
        entities enrolled and participating in such program or an 
        explanation of why no such estimate is available;
            (3) the projected reporting, recordkeeping and other 
        compliance requirements of such program on small entities;
            (4) factors that impact small entities' enrollment and 
        participation in such program, including access to appropriate 
        technology, geography, entity size, and class of entity; and
            (5) the steps, if any, the Secretary of Homeland Security 
        has taken to minimize the economic impact of participating in 
        such program on small entities.
    (b) Direct and Indirect Effects.--The report shall cover, and treat 
separately, direct effects (such as wages, time, and fees spent on 
compliance) and indirect effects (such as the effect on cash flow, 
sales, and competitiveness).
    (c) Specific Contents.--The report shall provide specific and 
separate details with respect to--
            (1) small businesses (ad defined in section 601 of title 5, 
        United States Code) with fewer than 50 employees; and
            (2) small entities operating in States that have mandated 
        use of the basic pilot program.

                  TITLE VIII--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                              construction

                     (including transfers of funds)

    For an additional amount for ``Construction'', $325,000,000, for 
priority road, bridge, and trail repair or decommissioning, critical 
deferred maintenance projects, facilities construction and renovation, 
hazardous fuels reduction, and remediation of abandoned mine or well 
sites: Provided, That funds may be transferred to other appropriate 
accounts of the Bureau of Land management: Provided further, That the 
amount set aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

                United States Fish and Wildlife Service

                              construction

                     (including transfer of funds)

    For an additional amount for ``Construction'', $300,000,000, for 
priority road and bridge repair and replacement, and critical deferred 
maintenance and improvement projects on National Wildlife Refuges, 
National Fish Hatcheries, and other Service properties: Provided, That 
funds may be transferred to ``Resource Management'': Provided further, 
That the amount set aside from this appropriation pursuant to section 
1106 of this Act shall be not more than 5 percent instead of the 
percentage specified in such section.

                         National Park Service

                              construction

                     (including transfer of funds)

    For an additional amount for ``Construction'', $1,700,000,000, for 
projects to address critical deferred maintenance needs within the 
National Park System, including roads, bridges and trails, and for 
other critical infrastructure projects: Provided, That funds may be 
transferred to ``Operation of the National Park System'': Provided 
further, That $200,000,000 of these funds shall be for projects related 
to the preservation and repair of historical and cultural resources 
within the National Park System: Provided further, That the amount set 
aside from this appropriation pursuant to section 1106 of this Act 
shall be not more than 5 percent instead of the percentage specified in 
such section.

                   national mall revitalization fund

    For construction, improvements, repair, or replacement of 
facilities related to the revitalization of National Park Service 
assets on the National Mall in Washington, DC, $200,000,000, of which 
$100,000,000 shall only be made available to the extent that funds are 
matched by non-Federal contributions: Provided, That the amount set 
aside from this appropriation pursuant to section 1106 of this Act 
shall be not more than 5 percent instead of the percentage specified in 
such section.

                          centennial challenge

    To carry out provisions of section 814(g) of Public Law 104-333 
relating to challenge cost share agreements, $100,000,000, for National 
Park Service Centennial Challenge signature projects and programs: 
Provided, That not less than 50 percent of the total cost of each 
project or program is derived from non-Federal sources in the form of 
donated cash, assets, in-kind services, or a pledge of donation 
guaranteed by an irrevocable letter of credit: Provided further, That 
the amount set aside from this appropriation pursuant to section 1106 
of this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $200,000,000, for repair and restoration of facilities; 
equipment replacement and upgrades including stream gages, and seismic 
and volcano monitoring systems; national map activities; and other 
critical deferred maintenance and improvement projects: Provided, That 
the amount set aside from this appropriation pursuant to section 1106 
of this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

                        Bureau of Indian Affairs

                              construction

                     (including transfer of funds)

    For an additional amount for ``Construction'', $500,000,000, for 
priority repair and replacement of schools, detention centers, roads, 
bridges, employee housing, and critical deferred maintenance projects: 
Provided, That not less than $250,000,000 shall be used for new and 
replacement schools and detention centers: Provided further, That funds 
may be transferred to ``Operation of Indian Programs'': Provided 
further, That the amount set aside from this appropriation pursuant to 
section 1106 of this Act shall be not more than 5 percent instead of 
the percentage specified in such section.

                    ENVIRONMENTAL PROTECTION AGENCY

                     Hazardous Substance Superfund

    For an additional amount for ``Hazardous Substance Superfund'', 
$800,000,000, which shall be used for the Superfund Remedial program: 
Provided, That amounts available by law from this appropriation for 
management and administration shall take the place of the set-aside 
under section 1106 of this Act.

          Leaking Underground Storage Tank Trust Fund Program

    For an additional amount for ``Leaking Underground Storage Tank 
Trust Fund Program'', to carry out leaking underground storage tank 
cleanup activities authorized by subtitle I of the Solid Waste Disposal 
Act, $200,000,000, which shall be used to carry out leaking underground 
storage tank cleanup activities authorized by section 9003(h) of the 
Solid Waste Disposal Act, except that such funds shall not be subject 
to the State matching requirements in section 9003(h)(7)(B):  Provided, 
That amounts available by law from this appropriation for management 
and administration shall take the place of the set-aside under section 
1106 of this Act.

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $8,400,000,000, which shall be used as follows:
            (1) $6,000,000,000 shall be for capitalization grants for 
        the Clean Water State Revolving Funds under title VI of the 
        Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), 
        except that such funds shall not be subject to the State 
        matching requirements in paragraphs (2) and (3) of section 
        602(b) of such Act or to the Federal cost share limitations in 
        section 202 of such Act: Provided, That the amount set aside 
        from this appropriation pursuant to section 1106 of this Act 
        shall be not more than 2 percent instead of the percentage 
        specified in such section: Provided further, That, 
        notwithstanding the limitation on amounts specified in section 
        518(c) of the Federal Water Pollution Control Act, up to a 
        total of 1.5 percent of such funds may be reserved by the 
        Administrator of the Environmental Protection Agency for grants 
        under section 518(c) of such Act: Provided further, That the 
        requirements of section 513 of such Act shall apply to the 
        construction of treatment works carried out in whole or in part 
        with assistance made available under this heading by a Clean 
        Water State Revolving Fund under title VI of such Act, or with 
        assistance made available under section 205(m) of such Act, or 
        both: Provided further, That, notwithstanding the requirements 
        of section 603(d) of such Act, each State shall use 50 percent 
        of the amount of the capitalization grant received by the State 
        under title VI of such Act to provide assistance, in the form 
        of additional subsidization, including forgiveness of 
        principal, negative interest loans, and grants, to 
        municipalities (as defined in section 502 of such Act) for 
        projects that are included on the State's priority list 
        established under section 603(g) of such Act, of which 80 
        percent shall be for projects to benefit municipalities that 
        meet affordability criteria as determined by the Governor of 
        the State and 20 percent shall be for projects to address 
        water-efficiency goals, address energy-efficiency goals, 
        mitigate stormwater runoff, or encourage environmentally 
        sensitive project planning, design, and construction, to the 
        extent that there are sufficient project applications eligible 
        for such assistance.
            (2) $2,000,000,000 shall be for capitalization grants for 
        the Drinking Water State Revolving Funds under section 1452 of 
        the Safe Drinking Water Act (42 U.S.C. 300j-12), except that 
        such funds shall not be subject to the State matching 
        requirements of section 1452(e) of such Act: Provided, That the 
        amount set aside from this appropriation pursuant to section 
        1106 of this Act shall be not more than 2 percent instead of 
        the percentage specified in such section: Provided further, 
        That section 1452(k) of the Safe Drinking Water Act shall not 
        apply to such funds: Provided further, That the requirements of 
        section 1450(e) of such Act (42 U.S.C. 300j-9(e)) shall apply 
        to the construction carried out in whole or part with 
        assistance made available under this heading by a Drinking 
        Water State Revolving fund under section 1452 of such Act: 
        Provided further, That, notwithstanding the requirements of 
        section 1452(a)(2) of such Act, each State shall use 50 percent 
        of the amount of the capitalization grant received by the State 
        under section 1452 of such Act to provide assistance, in the 
        form of additional subsidization, including forgiveness of 
        principal, negative interest loans, and grants, to 
        municipalities (as defined in section 1401 of such Act) for 
        projects that are included on the State's priority list 
        established under section 1452(b)(3) of such Act.
            (3) $300,000,000 shall be for grants under title VII, 
        Subtitle G of the Energy Policy Act of 2005:  Provided, That 
        the amount set aside from this appropriation pursuant to 
        section 1106 of this Act shall be not more than 3 percent 
        instead of the percentage specified in such section.
            (4) $100,000,000 shall be to carry out section 104(k) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980:  Provided, That the amount set aside 
        from this appropriation pursuant to section 1106 of this Act 
        shall be not more than 3 percent instead of the percentage 
        specified in such section.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  capital improvement and maintenance

                     (including transfer of funds)

    For an additional amount for ``Capital Improvement and 
Maintenance'', $650,000,000, for reconstruction, capital improvement, 
decommissioning, and maintenance of forest roads, bridges and trails; 
alternative energy technologies, energy efficiency enhancements and 
deferred maintenance at Federal facilities; and for remediation of 
abandoned mine sites, removal of fish passage barriers, and other 
critical habitat, forest improvement and watershed enhancement projects 
on Federal lands and waters: Provided, That funds may be transferred to 
``National Forest System'': Provided further, That the amount set aside 
from this appropriation pursuant to section 1106 of this Act shall be 
not more than 5 percent instead of the percentage specified in such 
section.

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$850,000,000, of which $300,000,000 is for hazardous fuels reduction, 
forest health, wood to energy grants and rehabilitation and restoration 
activities on Federal lands, and of which $550,000,000 is for State 
fire assistance hazardous fuels projects, volunteer fire assistance, 
cooperative forest health projects, city forest enhancements, and wood 
to energy grants on State and private lands: Provided, That amounts in 
this paragraph may be transferred to ``State and Private Forestry'' and 
``National Forest System'': Provided further, That the amount set aside 
from this appropriation pursuant to section 1106 of this Act shall be 
not more than 5 percent instead of the percentage specified in such 
section.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                        indian health facilities

    For an additional amount for ``Indian Health Facilities'', 
$550,000,000, for priority health care facilities construction projects 
and deferred maintenance, and the purchase of equipment and related 
services, including but not limited to health information technology: 
Provided, That notwithstanding any other provision of law, the amounts 
available under this paragraph shall be allocated at the discretion of 
the Director of the Indian Health Service: Provided further, That the 
amount set aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

                         OTHER RELATED AGENCIES

                        Smithsonian Institution

                           facilities capital

                     (including transfer of funds)

    For an additional amount for ``Facilities Capital'', $150,000,000, 
for deferred maintenance projects, and for repair, revitalization, and 
alteration of facilities owned or occupied by the Smithsonian 
Institution, by contract or otherwise, as authorized by section 2 of 
the Act of August 22, 1949 (63 Stat. 623): Provided, That funds may be 
transferred to ``Salaries and Expenses'': Provided further, That the 
amount set aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For an additional amount for ``Grants and Administration'', 
$50,000,000, to be distributed in direct grants to fund arts projects 
and activities which preserve jobs in the non-profit arts sector 
threatened by declines in philanthropic and other support during the 
current economic downturn: Provided, That 40 percent of such funds 
shall be distributed to State arts agencies and regional arts 
organizations in a manner similar to the agency's current practice and 
60 percent of such funds shall be for competitively selected arts 
projects and activities according to sections 2 and 5(c) of the 
National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 
951, 954(c)): Provided further, That matching requirements under 
section 5(e) of such Act shall be waived: Provided further, That the 
amount set aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the percentage 
specified in such section.

       TITLE IX--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                           Subtitle A--Labor

                          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''), 
$4,000,000,000, which shall be available for obligation on the date of 
enactment of this Act, as follows:
            (1) $500,000,000 for grants to the States for adult 
        employment and training activities;
            (2) $1,200,000,000 for grants to the States for youth 
        activities, including summer jobs for youth: Provided, 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 jobs for 
        youth provided with such funds: Provided further, That with 
        respect to the youth activities provided with such funds, 
        section 101(13)(A) of the WIA shall be applied by substituting 
        ``age 24'' for ``age 21'': Provided further, That no portion of 
        the additional funds provided herein 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, such funds 
        shall be allotted as if the total amount of funding available 
        for youth activities in the fiscal year does not exceed 
        $1,000,000,000;
            (3) $1,000,000,000 for grants to the States for dislocated 
        worker employment and training activities;
            (4) $500,000,000 for the dislocated workers assistance 
        national reserve to remain available for Federal obligation 
        through June 30, 2010: Provided, That such funds shall be made 
        available for grants only to eligible entities that serve areas 
        of high unemployment or high poverty and only for the purposes 
        described in subsection 173(a)(1) of the WIA: Provided further, 
        That the Secretary of Labor shall ensure that applicants for 
        such funds demonstrate how income support, child care, and 
        other supportive services necessary for an individual's 
        participation in job training will be provided;
            (5) $50,000,000 for YouthBuild activities, which shall 
        remain available for Federal obligation through June 30, 2010; 
        and
            (6) $750,000,000 for a program of competitive grants for 
        worker training and placement in high growth and emerging 
        industry sectors: Provided, That $500,000,000 shall be for 
        research, labor exchange and job training projects that prepare 
        workers for careers in the energy efficiency and renewable 
        energy industries specified in section 171(e)(1)(B)(ii) of the 
        WIA (as amended by the Green Jobs Act of 2007): Provided 
        further, That in awarding grants from those funds not 
        designated in the preceding proviso, the Secretary of Labor 
        shall give priority to projects that prepare workers for 
        careers in the health care sector: Provided further, That the 
        provisions of section 1103 of this Act shall not apply to this 
        appropriation:
Provided, That the additional funds provided to States under this 
heading are not subject to section 191(a) of the WIA: Provided further, 
That notwithstanding section 1106 of this Act, there shall be no amount 
set aside from the appropriations made in subsections (1) through (3) 
under this heading and the amount set aside for subsections (4) through 
(6) shall be up to 1 percent instead of the percentage specified in 
such section.

            community service employment for older americans

     For an additional amount for ``Community Service Employment for 
Older Americans'' to carry out title V of the Older Americans Act of 
1965, $120,000,000, which shall be available for obligation on the date 
of enactment of this Act: Provided, That funds shall be allotted within 
30 days of such enactment to current grantees in proportion to their 
allotment in program year 2008.

     state unemployment insurance and employment service operations

    For an additional amount for ``State Unemployment Insurance and 
Employment Service Operations'' for grants to the States in accordance 
with section 6 of the Wagner-Peyser Act, $500,000,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund, and which shall be available for obligation on 
the date of enactment of this Act: Provided, That such funds shall 
remain available to the States through September 30, 2010: Provided 
further, That, with respect to such funds, section 6(b)(1) of such Act 
shall be applied by substituting ``one-third'' for ``two-thirds'' in 
subparagraph (A), with the remaining one-third of the sums to be 
allotted in accordance with section 132(b)(2)(B)(ii)(III) of the 
Workforce Investment Act of 1998: Provided further, That not less than 
$250,000,000 of the amount provided under this heading shall be used by 
States for reemployment services for unemployment insurance claimants 
(including the integrated Employment Service and Unemployment Insurance 
information technology required to identify and serve the needs of such 
claimants): Provided further, That the Secretary of Labor shall 
establish planning and reporting procedures necessary to provide 
oversight of funds used for reemployment services.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For an additional amount for ``Departmental Management'', 
$80,000,000, for the enforcement of worker protection laws and 
regulations, oversight, and coordination activities related to the 
infrastructure and unemployment insurance investments in this Act: 
Provided, That the Secretary of Labor may transfer such sums as 
necessary to ``Employment and Standards Administration'', 
``Occupational Safety and Health Administration'', and ``Employment and 
Training Administration--Program Administration'' for enforcement, 
oversight, and coordination activities: Provided further, That the 
provisions of section 1106 of this Act shall not apply to this 
appropriation.

                          office of job corps

    For an additional amount for ``Office of Job Corps'', $300,000,000, 
for construction, rehabilitation and acquisition of Job Corps Centers, 
which shall be available upon the date of enactment of this Act and 
remain available for obligation through June 30, 2010: Provided, That 
section 1552(a) of title 31, United States Code shall not apply to up 
to 30 percent of such funds, if such funds are used for a multi-year 
lease agreement that will result in construction activities that can 
commence within 120 days of enactment of this Act: Provided further, 
That notwithstanding section 3324(a) of title 31, United States Code, 
the funds referred to in the preceding proviso may be used for advance, 
progress, and other payments: Provided further, That the Secretary of 
Labor may transfer up to 15 percent of such funds to meet the 
operational needs of such centers, which may include the provision of 
additional training for careers in the energy efficiency and renewable 
energy industries: Provided further, That priority should be given to 
activities that can commence promptly following enactment and to those 
projects that will create the greatest impact on the energy efficiency 
of Job Corps facilities: Provided further, That the Secretary shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate a report on the actual obligations, 
expenditures, and unobligated balances for each activity funded under 
this heading not later than September 30, 2009 and quarterly thereafter 
as long as funding provided under this heading is available for 
obligation or expenditure.

                   GENERAL PROVISIONS, THIS SUBTITLE

SEC. 9101. ELIGIBLE EMPLOYEES IN THE RECREATIONAL MARINE INDUSTRY.

    Section 2(3)(F) of the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 902(3)(F)) is amended--
            (1) by striking ``, repair or dismantle''; and
            (2) by striking the semicolon and inserting ``, or 
        individuals employed to repair any recreational vessel, or to 
        dismantle any part of a recreational vessel in connection with 
        the repair of such vessel;''.

                 Subtitle B--Health and Human Services

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     Health Resources and Services

    For an additional amount for ``Health Resources and Services'', 
$2,188,000,000 which shall be used as follows:
            (1) $500,000,000, of which $250,000,000 shall not be 
        available until October 1, 2009, shall be for grants to health 
        centers authorized under section 330 of the Public Health 
        Service Act (``PHS Act'');
            (2) $1,000,000,000 shall be available for renovation and 
        repair of health centers authorized under section 330 of the 
        PHS Act and for the acquisition by such centers of health 
        information technology systems: Provided, That the timeframe 
        for the award of grants pursuant to section 1103(b) of this Act 
        shall not be later than 180 days after the date of enactment of 
        this Act instead of the timeframe specified in such section;
            (3) $88,000,000 shall be for fit-out and other costs 
        related to moving into a facility to be secured through a 
        competitive lease procurement to replace or renovate a 
        headquarters building for Public Health Service agencies and 
        other components of the Department of Health and Human 
        Services; and
            (4) $600,000,000, of which $300,000,000 shall not be 
        available until October 1, 2009, shall be for the training of 
        nurses and primary care physicians and dentists as authorized 
        under titles VII and VIII of the PHS Act, for the provision of 
        health care personnel under the National Health Service Corps 
        program authorized under title III of the PHS Act, and for the 
        patient navigator program authorized under title III of the PHS 
        Act.

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for ``Disease Control, Research, and 
Training'' for equipment, construction, and renovation of facilities, 
including necessary repairs and improvements to leased laboratories, 
$462,000,000: Provided, That notwithstanding any other provision of 
law, the Centers for Disease Control and Prevention may award a single 
contract or related contracts for development and construction of 
facilities that collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18: Provided 
further, That in accordance with applicable authorities, policies, and 
procedures, the Centers for Disease Control and Prevention shall 
acquire real property, and make any necessary improvements thereon, to 
relocate and consolidate property and facilities of the National 
Institute for Occupational Safety and Health.

                     National Institutes of Health

                 national center for research resources

    For an additional amount for ``National Center for Research 
Resources'', $1,500,000,000 for grants or contracts under section 481A 
of the Public Health Service Act to renovate or repair existing non-
Federal research facilities: Provided, That sections 481A(c)(1)(B)(ii), 
paragraphs (1), (3), and (4) of section 481A(e), and section 481B of 
such Act shall not apply to the use of such funds: Provided further, 
That the references to ``20 years'' in subsections (c)(1)(B)(i) and (f) 
of section 481A of such Act are deemed to be references to ``10 years'' 
for purposes of using such funds: Provided further, That the National 
Center for Research Resources may also use such funds to provide, under 
the authority of section 301 and title IV of such Act, shared 
instrumentation and other capital research equipment to recipients of 
grants and contracts under section 481A of such Act and other 
appropriate entities: Provided further, That the Director of the Center 
shall provide to the Committees on Appropriations of the House of 
Representatives and the Senate an annual report indicating the number 
of institutions receiving awards of a grant or contract under section 
481A of such Act, the proposed use of the funding, the average award 
size, a list of grant or contract recipients, and the amount of each 
award: Provided further, That the Center, in obligating such funds, 
shall require that each entity that applies for a grant or contract 
under section 481A for any project shall include in its application an 
assurance described in section 1621(b)(1)(I) of the Public Health 
Service Act: Provided further, That the Center shall give priority in 
the award of grants and contracts under section 481A of such Act to 
those applications that are expected to generate demonstrable energy-
saving or beneficial environmental effects: Provided further, That the 
provisions of section 1103 of this Act shall not apply to the peer-
reviewed grants awarded under this heading.

                         office of the director

                     (including transfer of funds)

    For an additional amount for ``Office of the Director'', 
$1,500,000,000, of which $750,000,000 shall not be available until 
October 1, 2009: Provided, That such funds shall be transferred to the 
Institutes and Centers of the National Institutes of Health and to the 
Common Fund established under section 402A(c)(1) of the Public Health 
Service Act in proportion to the appropriations otherwise made to such 
Institutes, Centers, and Common Fund for fiscal year 2009: Provided 
further, That these funds shall be used to support additional 
scientific research and shall be merged with and be available for the 
same purposes as the appropriation or fund to which transferred: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the National Institutes of 
Health: Provided further, That none of these funds may be transferred 
to ``National Institutes of Health--Buildings and Facilities'', the 
Center for Scientific Review, the Center for Information Technology, 
the Clinical Center, the Global Fund for HIV/AIDS, Tuberculosis and 
Malaria, or the Office of the Director (except for the transfer to the 
Common Fund): Provided further, That the provisions of section 1103 of 
this Act shall not apply to the peer-reviewed grants awarded under this 
heading.

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$500,000,000, to fund high priority repair and improvement projects for 
National Institutes of Health facilities on the Bethesda, Maryland 
campus and other agency locations.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

                     (including transfer of funds)

    For an additional amount for ``Healthcare Research and Quality'' to 
carry out titles III and IX of the Public Health Service Act, part A of 
title XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, 
$700,000,000 for comparative effectiveness research: Provided, That of 
the amount appropriated in this paragraph, $400,000,000 shall be 
transferred to the Office of the Director of the National Institutes of 
Health (``Office of the Director'') to conduct or support comparative 
effectiveness research: Provided further, That funds transferred to the 
Office of the Director may be transferred to the national research 
institutes and national centers of the National Institutes of Health 
and to the Common Fund established under section 402A(c)(1) of the 
Public Health Service Act: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the National Institutes of Health: Provided further, That the 
provisions of section 1103 of this Act shall not apply to the peer-
reviewed grants awarded under this paragraph: Provided further, That 
the amount set aside from this appropriation pursuant to section 1106 
of this Act shall be not more than 1 percent instead of the percentage 
specified in such section.
    In addition, $400,000,000 shall be available for comparative 
effectiveness research to be allocated at the discretion of the 
Secretary of Health and Human Services (``Secretary''): Provided, That 
the funding appropriated in this paragraph shall be used to accelerate 
the development and dissemination of research assessing the comparative 
effectiveness of health care treatments and strategies, including 
through efforts that: (1) conduct, support, or synthesize research that 
compares the clinical outcomes, effectiveness, and appropriateness of 
items, services, and procedures that are used to prevent, diagnose, or 
treat diseases, disorders, and other health conditions; and (2) 
encourage the development and use of clinical registries, clinical data 
networks, and other forms of electronic health data that can be used to 
generate or obtain outcomes data: Provided further, That the Secretary 
shall enter into a contract with the Institute of Medicine, for which 
no more than $1,500,000 shall be made available from funds provided in 
this paragraph, to produce and submit a report to the Congress and the 
Secretary by not later than June 30, 2009, that includes 
recommendations on the national priorities for comparative 
effectiveness research to be conducted or supported with the funds 
provided in this paragraph and that considers input from stakeholders: 
Provided further, That the Secretary shall consider any recommendations 
of the Federal Coordinating Council for Comparative Effectiveness 
Research established by section 9201 of this Act and any 
recommendations included in the Institute of Medicine report pursuant 
to the preceding proviso in designating activities to receive funds 
provided in this paragraph and may make grants and contracts with 
appropriate entities, which may include agencies within the Department 
of Health and Human Services and other governmental agencies, as well 
as private sector entities, that have demonstrated experience and 
capacity to achieve the goals of comparative effectiveness research: 
Provided further, That the Secretary shall publish information on 
grants and contracts awarded with the funds provided under this heading 
within a reasonable time of the obligation of funds for such grants and 
contracts and shall disseminate research findings from such grants and 
contracts to clinicians, patients, and the general public, as 
appropriate: Provided further, That, to the extent feasible, the 
Secretary shall ensure that the recipients of the funds provided by 
this paragraph offer an opportunity for public comment on the research: 
Provided further, That the provisions of section 1103 of this Act shall 
not apply to the peer-reviewed grants awarded under this paragraph: 
Provided further, That the Secretary shall provide the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Energy and Commerce and the Committee on Ways and Means of 
the House of Representatives, and the Committee on Health, Education, 
Labor, and Pensions and the Committee on Finance of the Senate with an 
annual report on the research conducted or supported through the funds 
provided under this heading: Provided further, That the Secretary, 
jointly with the Directors of the Agency for Healthcare Research and 
Quality and the National Institutes of Health, shall provide the 
Committees on Appropriations of the House of Representatives and the 
Senate a fiscal year 2009 operating plan for the funds appropriated 
under this heading prior to making any Federal obligations of such 
funds in fiscal year 2009, but not later than 90 days after the date of 
enactment of this Act, and a fiscal year 2010 operating plan for such 
funds prior to making any Federal obligations of such funds in fiscal 
year 2010, but not later than November 1, 2009, that detail the type of 
research being conducted or supported, including the priority 
conditions addressed; and specify the allocation of resources within 
the Department of Health and Human Services: Provided further, That the 
Secretary jointly with the Directors of the Agency for Healthcare 
Research and Quality and the National Institutes of Health, shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate a report on the actual obligations, 
expenditures, and unobligated balances for each activity funded under 
this heading not later than November 1, 2009, and every 6 months 
thereafter as long as funding provided under this heading is available 
for obligation or expenditure.

                Administration for Children and Families

                   low-income home energy assistance

    For an additional amount for ``Low-Income Home Energy Assistance'' 
for making payments under section 2602(b) and section 2602(d) of the 
Low-Income Home Energy Assistance Act of 1981, $1,000,000,000, which 
shall become available on October 1, 2009: Provided, That the 
provisions of section 1106 of this Act shall not apply to this 
appropriation.

   payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child 
Care and Development Block Grant'', $2,000,000,000, of which 
$1,000,000,000 shall become available on October 1, 2009, which shall 
be used to supplement, not supplant State general revenue funds for 
child care assistance for low-income families: Provided, That the 
provisions of section 1106 of this Act shall not apply to this 
appropriation.

                children and families services programs

    For an additional amount for ``Children and Families Services 
Programs'', $3,200,000,000, which shall be used as follows:
            (1) $1,000,000,000 for carrying out activities under the 
        Head Start Act, of which $500,000,000 shall become available on 
        October 1, 2009;
            (2) $1,100,000,000 for expansion of Early Head Start 
        programs, as described in section 645A of the Head Start Act, 
        of which $550,000,000 shall become available on October 1, 
        2009: Provided, That of the funds provided in this sentence, up 
        to 10 percent shall be available for the provision of training 
        and technical assistance to such programs consistent with 
        section 645A(g)(2) of such Act, and up to 3 percent shall be 
        available for monitoring the operation of such programs 
        consistent with section 641A of such Act: Provided further, 
        That the preceding proviso shall apply to this appropriation in 
        lieu of the provisions of section 1106 of this Act: Provided 
        further, That the provisions of section 1103 of this Act shall 
        not apply to this appropriation;
            (3) $1,000,000,000 for carrying out activities under 
        sections 674 through 679 of the Community Services Block Grant 
        Act, of which $500,000,000 shall become available on October 1, 
        2009, and of which no part shall be subject to paragraphs (2) 
        and (3) of section 674(b) of such Act: Provided, That 
        notwithstanding section 675C(a)(1) of such Act, 100 percent of 
        the funds made available to a State from this additional amount 
        shall be distributed to eligible entities as defined in section 
        673(1) of such Act: Provided further, That for services 
        furnished under such Act during fiscal years 2009 and 2010, 
        States may apply the last sentence of section 673(2) of such 
        Act by substituting ``200 percent'' for ``125 percent'': 
        Provided further, That the provisions of section 1106 of this 
        Act shall not apply to this appropriation; and
            (4) $100,000,000 for carrying out activities under section 
        1110 of the Social Security Act, of which $50,000,000 shall 
        become available on October 1, 2009: Provided, That the 
        Secretary of Health and Human Services shall distribute such 
        amount under the Compassion Capital Fund to eligible faith-
        based and community organizations: Provided further, That the 
        provisions of section 1106 of this Act shall not apply to this 
        appropriation.

                        Administration on Aging

                        aging services programs

    For an additional amount for ``Aging Services Programs'' under 
section 311, and subparts 1 and 2 of part C, of title III of the Older 
Americans Act of 1965, $200,000,000, of which $100,000,000 shall become 
available on October 1, 2009: Provided, That the provisions of section 
1106 of this Act shall not apply to this appropriation.

                        Office of the Secretary

  office of the national coordinator for health information technology

                     (including transfer of funds)

    For an additional amount for ``Office of the National Coordinator 
for Health Information Technology'' to carry out section 9202 of this 
Act, $2,000,000,000, to remain available until expended: Provided, That 
of such amount, the Secretary of Health and Human Services shall 
transfer $20,000,000 to the Director of the National Institute of 
Standards and Technology in the Department of Commerce for continued 
work on advancing health care information enterprise integration 
through activities such as technical standards analysis and 
establishment of conformance testing infrastructure, so long as such 
activities are coordinated with the Office of the National Coordinator 
for Health Information Technology: Provided further, That the 
provisions of section 1103 of this Act shall not apply to this 
appropriation: Provided further, That the amount set aside from this 
appropriation pursuant to section 1106 of this Act shall be 0.25 
percent instead of the percentage specified in such section: Provided 
further, That funds available under this heading shall become available 
for obligation only upon submission of an annual operating plan by the 
Secretary to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That the fiscal year 
2009 operating plan shall be provided not later than 90 days after 
enactment of this Act and that subsequent annual operating plans shall 
be provided not later than November 1 of each year: Provided further, 
That these operating plans shall describe how expenditures are aligned 
with the specific objectives, milestones, and metrics of the Federal 
Health Information Technology Strategic Plan, including any subsequent 
updates to the Plan; the allocation of resources within the Department 
of Health and Human Services and other Federal agencies; and the 
identification of programs and activities that are supported: Provided 
further, That the Secretary shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the actual obligations, expenditures, and unobligated balances for 
each major set of activities not later than November 1, 2009, and every 
6 months thereafter as long as funding provided under this heading is 
available for obligation or expenditure: Provided further, That the 
Comptroller General of the United States shall review on an annual 
basis the expenditures from funds provided under this heading to 
determine if such funds are used in a manner consistent with the 
purpose and requirements under this heading.

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to support advanced research and development pursuant 
to section 319L of the Public Health Service Act, $430,000,000: 
Provided, That the provisions of section 1103 of this Act shall not 
apply to this appropriation.
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including the development and purchase of vaccine, antivirals, 
necessary medical supplies, diagnostics, and other surveillance tools, 
$420,000,000: Provided, That the provisions of section 1103 of this Act 
shall not apply to this appropriation: Provided further, That products 
purchased with these funds may, at the discretion of the Secretary of 
Health and Human Services (``Secretary''), be deposited in the 
Strategic National Stockpile: Provided further, That notwithstanding 
section 496(b) of the Public Health Service Act, funds may be used for 
the construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccine and other biologics, where the 
Secretary finds such a contract necessary to secure sufficient supplies 
of such vaccines or biologics: Provided further, That funds 
appropriated in this paragraph may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate, to be used for the 
purposed specified in this sentence.
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to improve information technology security at the 
Department of Health and Human Services, $50,000,000: Provided, That 
the Secretary shall prepare and submit a report by not later than 
November 1, 2009, and by not later than 15 days after the end of each 
month thereafter, updating the status of actions taken and funds 
obligated in this and previous appropriations Acts for pandemic 
influenza preparedness and response activities, biomedical advanced 
research and development activities, Project BioShield, and Cyber 
Security.

                      prevention and wellness fund

                     (including transfer of funds)

     For necessary expenses for a ``Prevention and Wellness Fund'' to 
be administered through the Department of Health and Human Services 
Office of the Secretary, $3,000,000,000: Provided, That the provisions 
of section 1103 of this Act shall not apply to this appropriation: 
Provided further, That of the amount appropriated under this heading 
not less than $2,350,000,000 shall be transferred to the Centers for 
Disease Control and Prevention as follows:
            (1) not less than $954,000,000 shall be used as an 
        additional amount to carry out the immunization program 
        authorized by section 317(a), (j), and (k)(1) of the Public 
        Health Service Act (``section 317 immunization program''), of 
        which $649,900,000 shall be available on October 1, 2009;
            (2) not less than $296,000,000 shall be used as an 
        additional amount to carry out Part A of title XIX of the 
        Public Health Service Act, of which $148,000,000 shall be 
        available on October 1, 2009;
            (3) not less than $545,000,000 shall be used as an 
        additional amount to carry out chronic disease, health 
        promotion, and genomics programs, as jointly determined by the 
        Secretary of Health and Human Services (``Secretary'') and the 
        Director of the Centers for Disease Control and Prevention 
        (``Director'');
            (4) not less than $335,000,000 shall be used as an 
        additional amount to carry out domestic HIV/AIDS, viral 
        hepatitis, sexually-transmitted diseases, and tuberculosis 
        prevention programs, as jointly determined by the Secretary and 
        the Director;
            (5) not less than $60,000,000 shall be used as an 
        additional amount to carry out environmental health programs, 
        as jointly determined by the Secretary and the Director;
            (6) not less than $50,000,000 shall be used as an 
        additional amount to carry out injury prevention and control 
        programs, as jointly determined by the Secretary and the 
        Director;
            (7) not less than $30,000,000 shall be used as an 
        additional amount for public health workforce development 
        activities, as jointly determined by the Secretary and the 
        Director;
            (8) not less than $40,000,000 shall be used as an 
        additional amount for the National Institute for Occupational 
        Safety and Health to carry out research activities within the 
        National Occupational Research Agenda; and
            (9) not less than $40,000,000 shall be used as an 
        additional amount for the National Center for Health 
        Statistics:
Provided further, That of the amount appropriated under this heading 
not less than $150,000,000 shall be available for an additional amount 
to carry out activities to implement a national action plan to prevent 
healthcare-associated infections, as determined by the Secretary, of 
which not less $50,000,000 shall be provided to States to implement 
healthcare-associated infection reduction strategies: Provided further, 
That of the amount appropriated under this heading $500,000,000 shall 
be used to carry out evidence-based clinical and community-based 
prevention and wellness strategies and public health workforce 
development activities authorized by the Public Health Service Act, as 
determined by the Secretary, that deliver specific, measurable health 
outcomes that address chronic and infectious disease rates and health 
disparities, which shall include evidence-based interventions in 
obesity, diabetes, heart disease, cancer, tobacco cessation and smoking 
prevention, and oral health, and which may be used for the Healthy 
Communities program administered by the Centers for Disease Control and 
Prevention and other existing community-based programs administered by 
the Department of Health and Human Services: Provided further, That 
funds appropriated in the preceding proviso may be transferred to other 
appropriation accounts of the Department of Health and Human Services, 
as determined by the Secretary to be appropriate: Provided further, 
That the Secretary shall, directly or through contracts with public or 
private entities, provide for annual evaluations of programs carried 
out with funds provided under this heading in order to determine the 
quality and effectiveness of the programs: Provided further, That the 
Secretary shall, not later than 1 year after the date of enactment of 
this Act, submit to the Committees on Appropriations of the House of 
Representatives and the Senate, the Committee on Energy and Commerce of 
the House of Representatives, and the Committee on Health, Education, 
Labor, and Pensions of the Senate, a report (1) summarizing the annual 
evaluations of programs from the preceding proviso; and (2) making 
recommendations concerning future spending on prevention and wellness 
activities, including any recommendations made by the United States 
Preventive Services Task Force in the area of clinical preventive 
services and the Task Force on Community Preventive Services in the 
area of community preventive services: Provided further, That the 
Secretary shall enter into a contract with the Institute of Medicine, 
for which no more than $1,500,000 shall be made available from funds 
provided in this paragraph, to produce and submit a report to the 
Congress and the Secretary by no later than 1 year after the date of 
enactment of this Act that includes recommendations on the national 
priorities for clinical and community-based prevention and wellness 
activities that will have a positive impact in preventing illness or 
reducing healthcare costs and that considers input from stakeholders: 
Provided further, That the Secretary shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a fiscal 
year 2009 operating plan for the Prevention and Wellness Fund prior to 
making any Federal obligations of funds provided under this heading in 
fiscal year 2009 (excluding funds to carry out the section 317 
immunization program), but not later than 90 days after the date of 
enactment of this Act, and a fiscal year 2010 operating plan for the 
Prevention and Wellness Fund prior to making any Federal obligations of 
funds provided under this heading in fiscal year 2010 (excluding funds 
to carry out the section 317 immunization program), but not later than 
November 1, 2009, that indicate the prevention priorities to be 
addressed; provide measurable goals for each prevention priority; 
detail the allocation of resources within the Department of Health and 
Human Services; and identify which programs or activities are 
supported, including descriptions of any new programs or activities: 
Provided further, That the Secretary shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the actual obligations, expenditures, and unobligated balances for 
each activity funded under this heading not later than November 1, 2009 
and every 6 months thereafter as long as funding provided under this 
heading is available for obligation or expenditure.

                   GENERAL PROVISIONS, THIS SUBTITLE

SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS 
              RESEARCH.

    (a) Establishment.--There is hereby established a Federal 
Coordinating Council for Comparative Effectiveness Research (in this 
section referred to as the ``Council'').
    (b) Purpose; Duties.--The Council shall--
            (1) assist the offices and agencies of the Federal 
        Government, including the Departments of Health and Human 
        Services, Veterans Affairs, and Defense, and other Federal 
        departments or agencies, to coordinate the conduct or support 
        of comparative effectiveness and related health services 
        research; and
            (2) advise the President and Congress on--
                    (A) strategies with respect to the infrastructure 
                needs of comparative effectiveness research within the 
                Federal Government;
                    (B) appropriate organizational expenditures for 
                comparative effectiveness research by relevant Federal 
                departments and agencies; and
                    (C) opportunities to assure optimum coordination of 
                comparative effectiveness and related health services 
                research conducted or supported by relevant Federal 
                departments and agencies, with the goal of reducing 
                duplicative efforts and encouraging coordinated and 
                complementary use of resources.
    (c) Membership.--
            (1) Number and appointment.--The Council shall be composed 
        of not more than 15 members, all of whom are senior Federal 
        officers or employees with responsibility for health-related 
        programs, appointed by the President, acting through the 
        Secretary of Health and Human Services (in this section 
        referred to as the ``Secretary''). Members shall first be 
        appointed to the Council not later than 30 days after the date 
        of the enactment of this Act.
            (2) Members.--
                    (A) In general.--The members of the Council shall 
                include one senior officer or employee from each of the 
                following agencies:
                            (i) The Agency for Healthcare Research and 
                        Quality.
                            (ii) The Centers for Medicare and Medicaid 
                        Services.
                            (iii) The National Institutes of Health.
                            (iv) The Office of the National Coordinator 
                        for Health Information Technology.
                            (v) The Food and Drug Administration.
                            (vi) The Veterans Health Administration 
                        within the Department of Veterans Affairs.
                            (vii) The office within the Department of 
                        Defense responsible for management of the 
                        Department of Defense Military Health Care 
                        System.
                    (B) Qualifications.--At least half of the members 
                of the Council shall be physicians or other experts 
                with clinical expertise.
            (3) Chairman; vice chairman.--The Secretary shall serve as 
        Chairman of the Council and shall designate a member to serve 
        as Vice Chairman.
    (d) Reports.--
            (1) Initial report.--Not later than June 30, 2009, the 
        Council shall submit to the President and the Congress a report 
        containing information describing Federal activities on 
        comparative effectiveness research and recommendations for 
        additional investments in such research conducted or supported 
        from funds made available for allotment by the Secretary for 
        comparative effectiveness research in this Act.
            (2) Annual report.--The Council shall submit to the 
        President and Congress an annual report regarding its 
        activities and recommendations concerning the infrastructure 
        needs, appropriate organizational expenditures and 
        opportunities for better coordination of comparative 
        effectiveness research by relevant Federal departments and 
        agencies.
    (e) Staffing; Support.--From funds made available for allotment by 
the Secretary for comparative effectiveness research in this Act, the 
Secretary shall make available not more than 1 percent to the Council 
for staff and administrative support.

SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECHNOLOGY.

    (a) In General.--The Secretary of Health and Human Services shall 
invest in the infrastructure necessary to allow for and promote the 
electronic exchange and use of health information for each individual 
in the United States consistent with the goals outlined in the 
Strategic Plan developed by the Office of the National Coordinator for 
Health Information Technology. Such investment shall include investment 
in at least the following:
            (1) Health information technology architecture that will 
        support the nationwide electronic exchange and use of health 
        information in a secure, private, and accurate manner, 
        including connecting health information exchanges, and which 
        may include updating and implementing the infrastructure 
        necessary within different agencies of the Department of Health 
        and Human Services to support the electronic use and exchange 
        of health information.
            (2) Integration of health information technology, including 
        electronic medical records, into the initial and ongoing 
        training of health professionals and others in the healthcare 
        industry who would be instrumental to improving the quality of 
        healthcare through the smooth and accurate electronic use and 
        exchange of health information as determined by the Secretary.
            (3) Training on and dissemination of information on best 
        practices to integrate health information technology, including 
        electronic records, into a provider's delivery of care, 
        including community health centers receiving assistance under 
        section 330 of the Public Health Service Act and providers 
        participating in one or more of the programs under titles 
        XVIII, XIX, and XXI of the Social Security Act (relating to 
        Medicare, Medicaid, and the State Childrens Health Insurance 
        Program).
            (4) Infrastructure and tools for the promotion of 
        telemedicine, including coordination among Federal agencies in 
        the promotion of telemedicine.
            (5) Promotion of the interoperability of clinical data 
        repositories or registries.
The Secretary shall implement paragraph (3) in coordination with State 
agencies administering the Medicaid program and the State Children's 
Health Insurance Program.
    (b) Limitation.--None of the funds appropriated to carry out this 
section may be used to make significant investments in, or provide 
significant funds for, the acquisition of hardware or software or for 
the use of an electronic health or medical record, or significant 
components thereof, unless such investments or funds are for certified 
products that would permit the full and accurate electronic exchange 
and use of health information in a medical record, including standards 
for security, privacy, and quality improvement functions adopted by the 
Office of the National Coordinator for Health Information Technology.
    (c) Report.--The Secretary shall annually report to the Committees 
on Energy and Commerce, on Ways and Means, on Science and Technology, 
and on Appropriations of the House of Representatives and the 
Committees on Finance, on Health, Education, Labor, and Pensions, and 
on Appropriations of the Senate on the uses of these funds and their 
impact on the infrastructure for the electronic exchange and use of 
health information.

                         Subtitle C--Education

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For an additional amount for ``Education for the Disadvantaged'' to 
carry out title I of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $13,000,000,000: Provided, That $5,500,000,000 shall be 
available for targeted grants under section 1125 of the ESEA, of which 
$2,750,000,000 shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $2,750,000,000 shall become 
available on July 1, 2010, and shall remain available through September 
30, 2011: Provided further, That $5,500,000,000 shall be available for 
education finance incentive grants under section 1125A of the ESEA, of 
which $2,750,000,000 shall become available on July 1, 2009, and shall 
remain available through September 30, 2010, and $2,750,000,000 shall 
become available on July 1, 2010, and shall remain available through 
September 30, 2011: Provided further, That $2,000,000,000 shall be for 
school improvement grants under section 1003(g) of the ESEA, of which 
$1,000,000,000 shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $1,000,000,000 shall become 
available on July 1, 2010, and shall remain available through September 
30, 2011: Provided further, That the provisions of section 1106 of this 
Act shall not apply to this appropriation.

                               Impact Aid

    For an additional amount for ``Impact Aid'' to carry out section 
8007 of title VIII of the Elementary and Secondary Education Act of 
1965, $100,000,000, which shall remain available through September 30, 
2010: Provided, That the amount set aside from this appropriation 
pursuant to section 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section.

                      School Improvement Programs

    For an additional amount for ``School Improvement Programs'' to 
carry out subpart 1, part D of title II of the Elementary and Secondary 
Education Act of 1965 (``ESEA''), and subtitle B of title VII of the 
McKinney-Vento Homeless Assistance Act, $1,066,000,000: Provided, That 
$1,000,000,000 shall be available for subpart 1, part D of title II of 
the ESEA, of which $500,000,000 shall become available on July 1, 2009, 
and shall remain available through September 30, 2010, and $500,000,000 
shall become available on July 1, 2010, and remain available through 
September 30, 2011: Provided further, That the provisions of section 
1106 of this Act shall not apply to these funds: Provided further, That 
$66,000,000 shall be available for subtitle B of title VII of the 
McKinney-Vento Homeless Assistance Act, of which $33,000,000 shall 
become available on July 1, 2009, and shall remain available through 
September 30, 2010, and $33,000,000 shall become available on July 1, 
2010, and remain available through September 30, 2011.

                       Innovation and Improvement

    For an additional amount for ``Innovation and Improvement'' to 
carry out subpart 1, part D and subpart 2, part B of title V of the 
Elementary and Secondary Education Act of 1965 (``ESEA''), 
$225,000,000: Provided, That $200,000,000 shall be available for 
subpart 1, part D of title V of the ESEA: Provided further, That these 
funds shall be expended as directed in the fifth, sixth, and seventh 
provisos under the heading ``Innovation and Improvement'' in the 
Department of Education Appropriations Act, 2008: Provided further, 
That a portion of these funds shall also be used for a rigorous 
national evaluation by the Institute of Education Sciences, utilizing 
randomized controlled methodology to the extent feasible, that assesses 
the impact of performance-based teacher and principal compensation 
systems supported by the funds provided in this Act on teacher and 
principal recruitment and retention in high-need schools and subjects: 
Provided further, That $25,000,000 shall be available for subpart 2, 
part B of title V of the ESEA: Provided further, That the amount set 
aside from this appropriation pursuant to section 1106 of this Act 
shall be 1 percent instead of the percentage specified in such section.

                           Special Education

    For an additional amount for ``Special Education'' for carrying out 
section 611 and part C of the Individuals with Disabilities Education 
Act (``IDEA''), $13,600,000,000: Provided, That $13,000,000,000 shall 
be available for section 611 of the IDEA, of which $6,000,000,000 shall 
become available on July 1, 2009, and remain available through 
September 30, 2010, and $7,000,000,000 shall become available on July 
1, 2010, and remain available through September 30, 2011: Provided 
further, That $600,000,000 shall be available for part C of the IDEA, 
of which $300,000,000 shall become available on July 1, 2009, and 
remain available through September 30, 2010, and $300,000,000 shall 
become available on July 1, 2010, and remain available through 
September 30, 2011: Provided further, That by July 1, 2009, the 
Secretary of Education shall reserve the amount needed for grants under 
section 643(e) of the IDEA from funds available for obligation on July 
1, 2009, with any remaining funds to be allocated in accordance with 
section 643(c) of the IDEA: Provided further, That by July 1, 2010, the 
Secretary shall reserve the amount needed for grants under section 
643(e) of the IDEA from funds available for obligation on July 1, 2010, 
with any remaining funds to be allocated in accordance with section 
643(c) of the IDEA: Provided further, That if every State, as defined 
by section 602(31) of the IDEA, reaches its maximum allocation under 
section 611(d)(3)(B)(iii) of the IDEA, and there are remaining funds, 
such funds shall be proportionally allocated to each State subject to 
the maximum amounts contained in section 611(a)(2) of the IDEA: 
Provided further, That the provisions of section 1106 of this Act shall 
not apply to this appropriation.

            Rehabilitation Services and Disability Research

    For an additional amount for ``Rehabilitation Services and 
Disability Research'' for providing grants to States to carry out the 
Vocational Rehabilitation Services program under part B of title I and 
parts B and C of chapter 1 and chapter 2 of title VII of the 
Rehabilitation Act of 1973, $700,000,000: Provided, That $500,000,000 
shall be available for part B of title I of the Rehabilitation Act, of 
which $250,000,000 shall become available on October 1, 2009: Provided 
further, That funds provided herein shall not be considered in 
determining the amount required to be appropriated under section 
100(b)(1) of the Rehabilitation Act of 1973 in any fiscal year: 
Provided further, That, notwithstanding section 7(14)(A), the Federal 
share of the costs of vocational rehabilitation services provided with 
the funds provided herein shall be 100 percent: Provided further, That 
the provisions of section 1106 of this Act shall not apply to these 
funds: Provided further, That $200,000,000 shall be available for parts 
B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation 
Act, of which $100,000,000 shall become available on October 1, 2009: 
Provided further, That $34,775,000 shall be for State Grants, 
$114,581,000 shall be for independent living centers, and $50,644,000 
shall be for services for older blind individuals.

                      Student Financial Assistance

    For an additional amount for ``Student Financial Assistance'' to 
carry out subpart 1 of part A and part C of title IV of the Higher 
Education Act of 1965 (``HEA''), $16,126,000,000, which shall remain 
available through September 30, 2011: Provided, That $15,636,000,000 
shall be available for subpart 1of part A of title IV of the HEA: 
Provided further, That $490,000,000 shall be available for part C of 
title IV of the HEA, of which $245,000,000 shall become available on 
October 1, 2009: Provided further, That the provisions of section 1106 
of this Act shall not apply to this appropriation.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2009-2010 shall be $4,860.

                       Student Aid Administration

    For an additional amount for ``Student Aid Administration'' to 
carry out part D of title I, and subparts 1, 3, and 4 of part A, and 
parts B, C, D, and E of title IV of the Higher Education Act of 1965, 
$50,000,000, which shall remain available through September 30, 2011: 
Provided, That such amount shall also be available for an independent 
audit of programs and activities authorized under section 459A of such 
Act: Provided further, That the provisions of section 1106 of this Act 
shall not apply to this appropriation.

                            Higher Education

    For an additional amount for ``Higher Education'' to carry out part 
A of title II of the Higher Education Act of 1965, $100,000,000: 
Provided, That section 203(c)(1) of such Act shall not apply to awards 
made with these funds.

                    Institute of Education Sciences

    For an additional amount for Institute of Education Sciences to 
carry out section 208 of the Educational Technical Assistance Act, 
$250,000,000, which may be used for Statewide data systems that include 
postsecondary and workforce information, of which up to $5,000,000 may 
be used for State data coordinators and for awards to public or private 
organizations or agencies to improve data coordination: Provided, That 
the amount set aside from this appropriation pursuant to section 1106 
of this Act shall be 1 percent instead of the percentage specified in 
such section.

              School Modernization, Renovation, and Repair

    For carrying out section 9301 of this Act, $14,000,000,000: 
Provided, That amount available under section 9301 of this Act for 
administration and oversight shall take the place of the set-aside 
under section 1106 of this Act.

         Higher Education Modernization, Renovation, and Repair

    For carrying out section 9302 of this Act, $6,000,000,000: 
Provided, That amount available under section 9302 of this Act for 
administration and oversight shall take the place of the set-aside 
under section 1106 of this Act.

                   GENERAL PROVISIONS, THIS SUBTITLE

SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUBLIC SCHOOL FACILITIES.

    (a) Definitions.--In this section:
            (1) The term ``Bureau-funded school'' has the meaning given 
        to such term in section 1141 of the Education Amendments of 
        1978 (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965.
            (3) The term ``local educational agency''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965, and shall also include the Recovery School 
                District of Louisiana and the New Orleans Public 
                Schools; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (4) The term ``outlying area''--
                    (A) means the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) includes the freely associated states of the 
                Republic of the Marshall Islands, the Federated States 
                of Micronesia, and the Republic of Palau.
            (5) The term ``public school facilities'' includes charter 
        schools.
            (6) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            (7) The term ``LEED Green Building Rating System'' means 
        the United States Green Building Council Leadership in Energy 
        and Environmental Design green building rating standard 
        referred to as the LEED Green Building Rating System.
            (8) The term ``Energy Star'' means the Energy Star program 
        of the United States Department of Energy and the United States 
        Environmental Protection Agency.
            (9) The term ``CHPS Criteria'' means the green building 
        rating program developed by the Collaborative for High 
        Performance Schools.
            (10) The term ``Green Globes'' means the Green Building 
        Initiative environmental design and rating system referred to 
        as Green Globes.
    (b) Purpose.--Grants under this section shall be for the purpose of 
modernizing, renovating, or repairing public school facilities, based 
on their need for such improvements, to be safe, healthy, high-
performing, and up-to-date technologically.
    (c) Allocation of Funds.--
            (1) Reservations.--
                    (A) In general.--From the amount appropriated to 
                carry out this section, the Secretary of Education 
                shall reserve 1 percent of such amount, consistent with 
                the purpose described in subsection (b)--
                            (i) to provide assistance to the outlying 
                        areas; and
                            (ii) for payments to the Secretary of the 
                        Interior to provide assistance to Bureau-funded 
                        schools.
                    (B) Administration and oversight.--The Secretary 
                may, in addition, reserve up to $6,000,000 of such 
                amount for administration and oversight of this 
                section.
            (2) Allocation to states.--
                    (A) State-by-state allocation.--Of the amount 
                appropriated to carry out this section, and not 
                reserved under paragraph (1), each State shall be 
                allocated an amount in proportion to the amount 
                received by all local educational agencies in the State 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965 for fiscal year 2008 relative to 
                the total amount received by all local educational 
                agencies in every State under such part for such fiscal 
                year.
                    (B) State administration.--A State may reserve up 
                to 1 percent of its allocation under subparagraph (A) 
                to carry out its responsibilities under this section, 
                including--
                            (i) providing technical assistance to local 
                        educational agencies;
                            (ii) developing, within 6 months of 
                        receiving its allocation under subparagraph 
                        (A), a plan to develop a database that includes 
                        an inventory of public school facilities in the 
                        State and the modernization, renovation, and 
                        repair needs of, energy use by, and the carbon 
                        footprint of such schools; and
                            (iii) developing a school energy efficiency 
                        quality plan.
                    (C) Grants to local educational agencies.--From the 
                amount allocated to a State under subparagraph (A), 
                each local educational agency in the State that meets 
                the requirements of section 1112(a) of the Elementary 
                and Secondary Education Act of 1965 shall receive an 
                amount in proportion to the amount received by such 
                local educational agency under part A of title I of 
                that Act for fiscal year 2008 relative to the total 
                amount received by all local educational agencies in 
                the State under such part for such fiscal year, except 
                that no local educational agency that received funds 
                under part A of title I of that Act for such fiscal 
                year shall receive a grant of less than $5,000.
                    (D) Special rule.--Section 1122(c)(3) of the 
                Elementary and Secondary Education Act of 1965 shall 
                not apply to subparagraph (A) or (C).
            (3) Special rules.--
                    (A) Distributions by secretary.--The Secretary of 
                Education shall make and distribute the reservations 
                and allocations described in paragraphs (1) and (2) not 
                later than 30 days after the date of the enactment of 
                this Act.
                    (B) Distributions by states.--A State shall make 
                and distribute the allocations described in paragraph 
                (2)(C) within 30 days of receiving such funds from the 
                Secretary.
    (d) Use It or Lose It Requirements.--
            (1) Deadline for binding commitments.--Each local 
        educational agency receiving funds under this section shall 
        enter into contracts or other binding commitments not later 
        than 1 year after the date of the enactment of this Act (or not 
        later than 9 months after such funds are awarded, if later) to 
        make use of 50 percent of such funds, and shall enter into 
        contracts or other binding commitments not later than 2 years 
        after the date of the enactment of this Act (or not later than 
        21 months after such funds are awarded, if later) to make use 
        of the remaining funds. In the case of activities to be carried 
        out directly by a local educational agency (rather than by 
        contracts, subgrants, or other arrangements with third 
        parties), a certification by the agency specifying the amounts, 
        planned timing, and purpose of such expenditures shall be 
        deemed a binding commitment for purposes of this subsection.
            (2) Redistribution of uncommitted funds.--A State shall 
        recover or deobligate any funds not committed in accordance 
        with paragraph (1), and redistribute such funds to other local 
        educational agencies eligible under this section and able to 
        make use of such funds in a timely manner (including binding 
        commitments within 120 days after the reallocation).
    (e) Allowable Uses of Funds.--A local educational agency receiving 
a grant under this section shall use the grant for modernization, 
renovation, or repair of public school facilities, including--
            (1) repairing, replacing, or installing roofs, including 
        extensive, intensive or semi-intensive green roofs, electrical 
        wiring, plumbing systems, sewage systems, lighting systems, or 
        components of such systems, windows, or doors, including 
        security doors;
            (2) repairing, replacing, or installing heating, 
        ventilation, air conditioning systems, or components of such 
        systems (including insulation), including indoor air quality 
        assessments;
            (3) bringing public schools into compliance with fire, 
        health, and safety codes, including professional installation 
        of fire/life safety alarms, including modernizations, 
        renovations, and repairs that ensure that schools are prepared 
        for emergencies, such as improving building infrastructure to 
        accommodate security measures;
            (4) modifications necessary to make public school 
        facilities accessible to comply with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except 
        that such modifications shall not be the primary use of the 
        grant;
            (5) asbestos or polychlorinated biphenyls abatement or 
        removal from public school facilities;
            (6) implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards through 
        methods including interim controls, abatement, or a combination 
        of each;
            (7) implementation of measures designed to reduce or 
        eliminate human exposure to mold or mildew;
            (8) upgrading or installing educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology;
            (9) technology activities that are carried out in 
        connection with school repair and renovation, including--
                    (A) wiring;
                    (B) acquiring hardware and software;
                    (C) acquiring connectivity linkages and resources; 
                and
                    (D) acquiring microwave, fiber optics, cable, and 
                satellite transmission equipment;
            (10) modernization, renovation, or repair of science and 
        engineering laboratory facilities, libraries, and career and 
        technical education facilities, including those related to 
        energy efficiency and renewable energy, and improvements to 
        building infrastructure to accommodate bicycle and pedestrian 
        access;
            (11) renewable energy generation and heating systems, 
        including solar, photovoltaic, wind, geothermal, or biomass, 
        including wood pellet, systems or components of such systems;
            (12) other modernization, renovation, or repair of public 
        school facilities to--
                    (A) improve teachers' ability to teach and 
                students' ability to learn;
                    (B) ensure the health and safety of students and 
                staff;
                    (C) make them more energy efficient; or
                    (D) reduce class size; and
            (13) required environmental remediation related to public 
        school modernization, renovation, or repair described in 
        paragraphs (1) through (12).
    (f) Impermissible Uses of Funds.--No funds received under this 
section may be used for--
            (1) payment of maintenance costs; or
            (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for which 
        admission is charged to the general public.
    (g) Supplement, Not Supplant.--A local educational agency receiving 
a grant under this section shall use such Federal funds only to 
supplement and not supplant the amount of funds that would, in the 
absence of such Federal funds, be available for modernization, 
renovation, or repair of public school facilities.
    (h) Prohibition Regarding State Aid.--A State shall not take into 
consideration payments under this section in determining the 
eligibility of any local educational agency in that State for State 
aid, or the amount of State aid, with respect to free public education 
of children.
    (i) Special Rule on Contracting.--Each local educational agency 
receiving a grant under this section shall ensure that, if the agency 
carries out modernization, renovation, or repair through a contract, 
the process for any such contract ensures the maximum number of 
qualified bidders, including local, small, minority, and women- and 
veteran-owned businesses, through full and open competition.
    (j) Special Rule on Use of Iron and Steel Produced in the United 
States.--
            (1) In general.--A local educational agency shall not 
        obligate or expend funds received under this section for a 
        project for the modernization, renovation, or repair of a 
        public school facility unless all of the iron and steel used in 
        such project is produced in the United States.
            (2) Exceptions.--The provisions of paragraph (1) shall not 
        apply in any case in which the local educational agency finds 
        that--
                    (A) their application would be inconsistent with 
                the public interest;
                    (B) iron and steel are not produced in the United 
                States in sufficient and reasonably available 
                quantities and of a satisfactory quality; or
                    (C) inclusion of iron and steel produced in the 
                United States will increase the cost of the overall 
                project contract by more than 25 percent.
    (k) Application of GEPA.--The grant program under this section is 
an applicable program (as that term is defined in section 400 of the 
General Education Provisions Act (20 U.S.C. 1221)) subject to section 
439 of such Act (20 U.S.C. 1232b).
    (l) Charter Schools.--A local educational agency receiving an 
allocation under this section shall use an equitable portion of that 
allocation for allowable activities benefitting charter schools within 
its jurisdiction, as determined based on the percentage of students 
from low-income families in the schools of the agency who are enrolled 
in charter schools and on the needs of those schools as determined by 
the agency.
    (m) Green Schools.--
            (1) In general.--A local educational agency shall use not 
        less than 25 percent of the funds received under this section 
        for public school modernization, renovation, or repairs that 
        are certified, verified, or consistent with any applicable 
        provisions of--
                    (A) the LEED Green Building Rating System;
                    (B) Energy Star;
                    (C) the CHPS Criteria;
                    (D) Green Globes; or
                    (E) an equivalent program adopted by the State or 
                another jurisdiction with authority over the local 
                educational agency.
            (2) Technical assistance.--The Secretary, in consultation 
        with the Secretary of Energy and the Administrator of the 
        Environmental Protection Agency, shall provide outreach and 
        technical assistance to States and school districts concerning 
        the best practices in school modernization, renovation, and 
        repair, including those related to student academic achievement 
        and student and staff health, energy efficiency, and 
        environmental protection.
    (n) Youthbuild Programs.--The Secretary of Education, in 
consultation with the Secretary of Labor, shall work with recipients of 
funds under this section to promote appropriate opportunities for 
participants in a YouthBuild program (as defined in section 173A of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to gain employment 
experience on modernization, renovation, and repair projects funded 
under this section.
    (o) Reporting.--
            (1) Reports by local educational agencies.--Local 
        educational agencies receiving a grant under this section shall 
        compile, and submit to the State educational agency (which 
        shall compile and submit such reports to the Secretary), a 
        report describing the projects for which such funds were used, 
        including--
                    (A) the number of public schools in the agency, 
                including the number of charter schools;
                    (B) the total amount of funds received by the local 
                educational agency under this section and the amount of 
                such funds expended, including the amount expended for 
                modernization, renovation, and repair of charter 
                schools;
                    (C) the number of public schools in the agency with 
                a metro-centric locale code of 41, 42, or 43 as 
                determined by the National Center for Education 
                Statistics and the percentage of funds received by the 
                agency under this section that were used for projects 
                at such schools;
                    (D) the number of public schools in the agency that 
                are eligible for schoolwide programs under section 1114 
                of the Elementary and Secondary Education Act of 1965 
                and the percentage of funds received by the agency 
                under this section that were used for projects at such 
                schools;
                    (E) the cost of each project, which, if any, of the 
                standards described in subsection (k)(1) the project 
                met, and any demonstrable or expected academic, energy, 
                or environmental benefits as a result of the project;
                    (F) if flooring was installed, whether--
                            (i) it was low- or no-VOC (Volatile Organic 
                        Compounds) flooring;
                            (ii) it was made from sustainable 
                        materials; and
                            (iii) use of flooring described in clause 
                        (i) or (ii) was cost effective; and
                    (G) the total number and amount of contracts 
                awarded, and the number and amount of contracts awarded 
                to local, small, minority-owned, women-owned, and 
                veteran-owned businesses.
            (2) Reports by secretary.--Not later than December 31, 
        2011, the Secretary of Education shall submit to the Committees 
        on Education and Labor and Appropriations of the House of 
        Representatives and the Committees on Health, Education, Labor, 
        and Pensions and Appropriations of the Senate a report on 
        grants made under this section, including the information 
        described in paragraph (1), the types of modernization, 
        renovation, and repair funded, and the number of students 
        impacted, including the number of students counted under 
        section 1113(a)(5) of the Elementary and Secondary Education 
        Act of 1965.

SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVATION, AND REPAIR.

    (a) Purpose.--Grants awarded under this section shall be for the 
purpose of modernizing, renovating, and repairing institution of higher 
education facilities that are primarily used for instruction, research, 
or student housing.
    (b) Grants to State Higher Education Agencies.--
            (1) Formula.--From the amounts appropriated to carry out 
        this section, the Secretary of Education shall allocate funds 
        to State higher education agencies based on the number of 
        students attending institutions of higher education, with the 
        State higher education agency in each State receiving an amount 
        that is in proportion to the number of full-time equivalent 
        undergraduate students attending institutions of higher 
        education in such State for the most recent fiscal year for 
        which there are data available, relative to the total number of 
        full-time equivalent undergraduate students attending 
        institutions of higher education in all States for such fiscal 
        year.
            (2) Application.--To be eligible to receive an allocation 
        from the Secretary under paragraph (1), a State higher 
        education agency shall submit an application to the Secretary 
        at such time and in such manner as the Secretary may reasonably 
        require.
            (3) Reallocation.--Amounts allocated to a State higher 
        education agency under this section that are not obligated by 
        such agency within 6 months of the date the agency receives 
        such amounts shall be returned to the Secretary, and the 
        Secretary shall reallocate such amounts to State higher 
        education agencies in other States on the same basis as the 
        original allocations under paragraph (1)(B).
            (4) Administration and oversight expenses.--From the 
        amounts appropriated to carry out this section, not more than 
        $6,000,000 shall be available to the Secretary for 
        administrative and oversight expenses related to carrying out 
        this section.
    (c) Use of Grants by State Higher Education Agencies.--
            (1) Subgrants to institutions of higher education.--
                    (A) In general.--Except as provided in paragraph 
                (2), each State higher education agency receiving an 
                allocation under subsection (b)(1) shall use the amount 
                allocated to award subgrants to institutions of higher 
                education within the State to carry out projects in 
                accordance with subsection (d)(1).
                    (B) Subgrant award allocation.--A State higher 
                education agency shall award subgrants to institutions 
                of higher education under this section based on the 
                demonstrated need of each institution for facility 
                modernization, renovation, and repair.
                    (C) Priority considerations.--In awarding subgrants 
                under this section, each State higher education agency 
                shall give priority consideration to institutions of 
                higher education with any of the following 
                characteristics:
                            (i) The institution is eligible for Federal 
                        assistance under title III or title V of the 
                        Higher Education Act of 1965.
                            (ii) The institution was impacted by a 
                        major disaster or emergency declared by the 
                        President (as defined in section 102(2) of the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5122(2))), 
                        including an institution affected by a Gulf 
                        hurricane disaster, as such term is defined in 
                        section 824(g)(1) of the Higher Education Act 
                        of 1965 (20 U.S.C. 11611-3(g)(1)).
                            (iii) The institution demonstrates that the 
                        proposed project or projects to be carried out 
                        with a subgrant under this section will 
                        increase the energy efficiency of the 
                        institution's facilities and comply with the 
                        LEED Green Building Rating System.
            (2) Administrative and oversight expenses.--Of the 
        allocation amount received under subsection (b)(1), a State 
        higher education agency may reserve not more than 5 percent of 
        such amount, or $500,000, whichever is less, for administrative 
        and oversight expenses related to carrying out this section.
    (d) Use of Subgrants by Institutions of Higher Education.--
            (1) Permissible uses of funds.--An institution of higher 
        education receiving a subgrant under this section shall use 
        such subgrant to modernize, renovate, or repair facilities of 
        the institution that are primarily used for instruction, 
        research, or student housing, which may include any of the 
        following:
                    (A) Repair, replacement, or installation of roofs, 
                electrical wiring, plumbing systems, sewage systems, or 
                lighting systems.
                    (B) Repair, replacement, or installation of 
                heating, ventilation, or air conditioning systems 
                (including insulation).
                    (C) Compliance with fire and safety codes, 
                including--
                            (i) professional installation of fire or 
                        life safety alarms; and
                            (ii) modernizations, renovations, and 
                        repairs that ensure that the institution's 
                        facilities are prepared for emergencies, such 
                        as improving building infrastructure to 
                        accommodate security measures.
                    (D) Retrofitting necessary to increase the energy 
                efficiency of the institution's facilities.
                    (E) Renovations to the institution's facilities 
                necessary to comply with accessibility requirements in 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) and section 504 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794).
                    (F) Abatement or removal of asbestos from the 
                institution's facilities.
                    (G) Modernization, renovation, and repair relating 
                to improving science and engineering laboratories, 
                libraries, and instructional facilities.
                    (H) Upgrading or installation of educational 
                technology infrastructure.
                    (I) Installation or upgrading of renewable energy 
                generation and heating systems, including solar, 
                photovoltaic, wind, biomass (including wood pellet), or 
                geothermal systems, or components of such systems.
                    (J) Other modernization, renovation, or repair 
                projects that are primarily for instruction, research, 
                or student housing.
            (2) Green school requirement.--An institution of higher 
        education receiving a subgrant under this section shall use not 
        less than 25 percent of such subgrant to carry out projects for 
        modernization, renovation, or repair that are certified, 
        verified, or consistent with the applicable provisions of--
                    (A) the LEED Green Building Rating System;
                    (B) Energy Star;
                    (C) the CHPS Criteria;
                    (D) Green Globes; or
                    (E) an equivalent program adopted by the State or 
                the State higher education agency.
            (3) Prohibited uses of funds.--No funds awarded under this 
        section may be used for--
                    (A) the maintenance of systems, equipment, or 
                facilities, including maintenance associated with any 
                permissible uses of funds described in paragraph (1);
                    (B) modernization, renovation, or repair of 
                stadiums or other facilities primarily used for 
                athletic contests or exhibitions or other events for 
                which admission is charged to the general public;
                    (C) modernization, renovation, or repair of 
                facilities--
                            (i) used for sectarian instruction, 
                        religious worship, or a school or department of 
                        divinity; or
                            (ii) in which a substantial portion of the 
                        functions of the facilities are subsumed in a 
                        religious mission; or
                    (D) construction of new facilities.
            (4) Use it or lose it requirements.--
                    (A) Deadline for binding commitments.--Each 
                institution of higher education receiving a subgrant 
                under this section shall enter into contracts or other 
                binding commitments not later than 1 year after the 
                date of the enactment of this Act (or not later than 9 
                months after the subgrant is awarded, if later) to make 
                use of 50 percent of the funds awarded, and shall enter 
                into contracts or other binding commitments not later 
                than 2 years after the date of the enactment of this 
                Act (or not later than 21 months after the subgrant is 
                awarded, if later) to make use of the remaining funds. 
                In the case of activities to be carried out directly by 
                an institution of higher education receiving such a 
                subgrant (rather than by contracts, subgrants, or other 
                arrangements with third parties), a certification by 
                the institution specifying the amounts, planned timing, 
                and purpose of such expenditures shall be deemed a 
                binding commitment for purposes of this section.
                    (B) Redistribution of uncommitted funds.--A State 
                higher education agency shall recover or deobligate any 
                subgrant funds not committed in accordance with 
                subparagraph (A), and redistribute such funds to other 
                institutions of higher education that are--
                            (i) eligible for subgrants under this 
                        section; and
                            (ii) able to make use of such funds in a 
                        timely manner (including binding commitments 
                        within 120 days after the reallocation).
    (e) Application of GEPA.--The grant program authorized in this 
section is an applicable program (as that term is defined in section 
400 of the General Education Provisions Act (20 U.S.C. 1221)) subject 
to section 439 of such Act (20 U.S.C. 1232b). The Secretary shall, 
notwithstanding section 437 of such Act (20 U.S.C. 1232) and section 
553 of title 5, United States Code, establish such program rules as may 
be necessary to implement such grant program by notice in the Federal 
Register.
    (f) Reporting.--
            (1) Reports by institutions.--Not later than September 30, 
        2011, each institution of higher education receiving a subgrant 
        under this section shall submit to the State higher education 
        agency awarding such subgrant a report describing the projects 
        for which such subgrant was received, including--
                    (A) a description of each project carried out, or 
                planned to be carried out, with such subgrant, 
                including the types of modernization, renovation, and 
                repair to be completed by each such project;
                    (B) the total amount of funds received by the 
                institution under this section and the amount of such 
                funds expended, as of the date of the report, on the 
                such projects;
                    (C) the actual or planned cost of each such project 
                and any demonstrable or expected academic, energy, or 
                environmental benefits resulting from such project; and
                    (D) the total number of contracts, and amount of 
                funding for such contracts, awarded by the institution 
                to carry out such projects, as of the date of such 
                report, including the number of contracts, and amount 
                of funding for such contracts, awarded to local, small, 
                minority-owned, women-owned, and veteran-owned 
                businesses, as such terms are defined by the Small 
                Business Act.
            (2) Reports by states.--Not later than December 31, 2011, 
        each State higher education agency receiving a grant under this 
        section shall submit to the Secretary a report containing a 
        compilation of all of the reports under paragraph (1) submitted 
        to the agency by institutions of higher education.
            (3) Reports by the secretary.--Not later than March 31, 
        2012, the Secretary shall submit to the Committee on Education 
        and Labor in the House of Representatives and the Committee on 
        Health, Education, Labor, and Pensions in the Senate and 
        Committees on Appropriations of the House of Representatives 
        and the Senate a report on grants and subgrants made under this 
        section, including the information described in paragraph (1).
    (g) Definitions.--In this section:
            (1) CHPS criteria.--The term ``CHPS Criteria'' means the 
        green building rating program developed by the Collaborative 
        for High Performance Schools.
            (2) Energy star.--The term ``Energy Star'' means the Energy 
        Star program of the United States Department of Energy and the 
        United States Environmental Protection Agency.
            (3) Green globes.--The term ``Green Globes'' means the 
        Green Building Initiative environmental design and rating 
        system referred to as Green Globes.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965.
            (5) LEED green building rating system.--The term ``LEED 
        Green Building Rating System'' means the United States Green 
        Building Council Leadership in Energy and Environmental Design 
        green building rating standard referred to as the LEED Green 
        Building Rating System.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' has the meaning given such 
        term in section 103 of the Higher Education Act of 1965 (20 
        U.S.C. 1003).
            (8) State higher education agency.--The term ``State higher 
        education agency'' has the meaning given such term in section 
        103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

SEC. 9303. MANDATORY PELL GRANTS.

    Section 401(b)(9)(A) of the Higher Education Act of 1965 (20 U.S.C. 
1070a(b)(9)(A)) is amended--
            (1) in clause (ii), by striking ``$2,090,000,000'' and 
        inserting ``$2,733,000,000''; and
            (2) in clause (iii), by striking ``$3,030,000,000'' and 
        inserting ``$3,861,000,000''.

SEC. 9304. INCREASE STUDENT LOAN LIMITS.

    (a) Amendments.--Section 428H(d) of the Higher Education Act of 
1965 (20 U.S.C. 1078-8(d)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``$2,000'' and 
                inserting ``$4,000''; and
                    (B) in subparagraph (B), by striking ``$31,000'' 
                and inserting ``$39,000''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)(I) and clause (iii)(I), 
                        by striking ``$6,000'' each place it appears 
                        and inserting ``$8,000''; and
                            (ii) in clause (ii)(I) and clause 
                        (iii)(II), by striking ``$7,000'' each place it 
                        appears and inserting ``$9,000''; and
                    (B) in subparagraph (B), by striking ``$57,500'' 
                and inserting ``$65,500''.
    (b) Effective Date.--The amendments made by this section shall be 
effective for loans first disbursed on or after January 1, 2009.

SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE.

    (a) Temporary Calculation Rule.--Section 438(b)(2)(I) of the Higher 
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding 
at the end the following new clause:
                            ``(vii) Temporary calculation rule during 
                        unstable commercial paper markets.--
                                    ``(I) Calculation based on libor.--
                                For the calendar quarter beginning on 
                                October 1, 2008, and ending on December 
                                31, 2008, in computing the special 
                                allowance paid pursuant to this 
                                subsection with respect to loans for 
                                which the first disbursement is made on 
                                or after January 1, 2000, clause (i)(I) 
                                of this subparagraph shall be applied 
                                by substituting `the rate that is the 
                                average rate of the 3-month London 
                                Inter Bank Offered Rate (LIBOR) for 
                                United States dollars in effect for 
                                each of the days in such quarter as 
                                compiled and released by the British 
                                Bankers Association, minus 0.13 
                                percent,' for `the average of the bond 
                                equivalent rates of the quotes of the 
                                3-month commercial paper (financial) 
                                rates in effect for each of the days in 
                                such quarter as reported by the Federal 
                                Reserve in Publication H-15 (or its 
                                successor) for such 3-month period'.
                                    ``(II) Participation interests.--
                                Notwithstanding subclause (I) of this 
                                clause, the special allowance paid on 
                                any loan held by a lender that has sold 
                                participation interests in such loan to 
                                the Secretary shall be the rate 
                                computed under this subparagraph 
                                without regard to subclause (I) of this 
                                clause, unless the lender agrees that 
                                the participant's yield with respect to 
                                such participation interest is to be 
                                calculated in accordance with subclause 
                                (I) of this clause.''.
    (b) Conforming Amendments.--Section 438(b)(2)(I) of the Higher 
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is further amended--
            (1) in clause (i)(II), by striking ``such average bond 
        equivalent rate'' and inserting ``the rate determined under 
        subclause (I)''; and
            (2) in clause (v)(III), by striking ``(iv), and (vi)'' and 
        inserting ``(iv), (vi), and (vii)''.

                      Subtitle D--Related Agencies

             Corporation for National and Community Service

                           operating expenses

    For an additional amount for ``Operating Expenses'' to carry out 
the Domestic Volunteer Service Act of 1973 and the National and 
Community Service Act of 1990 (``1990 Act''), $160,000,000, which shall 
be used to expand existing AmeriCorps grants: Provided, That funds made 
available under this heading may be used to provide adjustments to 
awards made prior to September 30, 2010 in order to waive the match 
requirement authorized in section 121(e)(4) of part I of subtitle C of 
the 1990 Act, if the Chief Executive Officer of the Corporation for 
National and Community Service (``CEO'') determines that the grantee 
has reduced capacity to meet this requirement: Provided further, That 
in addition to requirements identified herein, funds provided under 
this heading shall be subject to the terms and conditions under which 
funds are appropriated in fiscal year 2009: Provided further, That the 
CEO shall provide the Committees on Appropriations of the House of 
Representatives and the Senate a fiscal year 2009 operating plan for 
the funds appropriated under this heading prior to making any Federal 
obligations of such funds in fiscal year 2009, but not later than 90 
days after the date of enactment of this Act, and a fiscal year 2010 
operating plan for such funds prior to making any Federal obligations 
of such funds in fiscal year 2010, but not later than November 1, 2009, 
that detail the allocation of resources and the increased number of 
volunteers supported by the AmeriCorps programs: Provided further, That 
the CEO shall provide to the Committees on Appropriations of the House 
of Representatives and the Senate a report on the actual obligations, 
expenditures, and unobligated balances for each activity funded under 
this heading not later than November 1, 2009, and every 6 months 
thereafter as long as funding provided under this heading is available 
for obligation or expenditure.

                         National Service Trust

                     (including transfer of funds)

     For an additional amount for ``National Service Trust'' 
established under subtitle D of title I of the National and Community 
Service Act of 1990 (``1990 Act''), $40,000,000, which shall remain 
available until expended: Provided, That the Corporation for National 
and Community Service may transfer additional funds from the amount 
provided within ``Operating Expenses'' for grants made under subtitle C 
of the 1990 Act to this appropriation upon determination that such 
transfer is necessary to support the activities of national service 
participants and after notice is transmitted to the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That the amount appropriated for or transferred to the 
National Service Trust may be invested under section 145(b) of the 1990 
Act without regard to the requirement to apportion funds under 31 
U.S.C. 1513(b).

                     Social Security Administration

                 limitation on administrative expenses

                     (including transfer of funds)

     For an additional amount for ``Limitation on Administrative 
Expenses'', $900,000,000, which shall be used as follows:
            (1) $400,000,000 for the construction and associated costs 
        to establish a new National Computer Center, which may include 
        lease or purchase of real property: Provided, That the 
        construction plan and site selection for such center shall be 
        subject to review and approval by the Office of Management and 
        Budget: Provided further, That the Committees on Appropriations 
        of the House of Representatives and the Senate shall be 
        notified 15 days in advance of the lease or purchase of such 
        site: Provided further, That such center shall continue to be a 
        government-operated facility; and
            (2) $500,000,000 for processing disability and retirement 
        workloads: Provided, That up to $40,000,000 may be used by the 
        Commissioner of Social Security for health information 
        technology research and activities to facilitate the adoption 
        of electronic medical records in disability claims, including 
        the transfer of funds to ``Supplemental Security Income 
        Program'' to carry out activities under section 1110 of the 
        Social Security Act.

          TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

     For an additional amount for ``Military Construction, Army'', 
$920,000,000: Provided, That notwithstanding any other provision of 
law, such funds may be obligated and expended to carry out planning and 
design and military construction projects in the United States not 
otherwise authorized by law: Provided further, That of the amount 
provided under this heading, $600,000,000 shall be for training and 
recruit troop housing, $220,000,000 shall be for permanent party troop 
housing, and $100,000,000 shall be for child development centers: 
Provided further, That not later than 30 days after the date of 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an expenditure plan for funds provided under this heading.

              Military Construction, Navy and Marine Corps

     For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $350,000,000: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That of the 
amount provided under this heading, $170,000,000 shall be for sailor 
and marine housing and $180,000,000 shall be for child development 
centers: Provided further, That not later than 30 days after the date 
of enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an expenditure plan for funds provided under this heading.

                    Military Construction, Air Force

     For an additional amount for ``Military Construction, Air Force'', 
$280,000,000: Provided, That notwithstanding any other provision of 
law, such funds may be obligated and expended to carry out planning and 
design and military construction projects in the United States not 
otherwise authorized by law: Provided further, That of the amount 
provided under this heading, $200,000,000 shall be for airmen housing 
and $80,000,000 shall be for child development centers: Provided 
further, That not later than 30 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate an 
expenditure plan for funds provided under this heading.

                  Military Construction, Defense-Wide

     For an additional amount for ``Military Construction, Defense-
Wide'', $3,750,000,000, for the construction of hospitals and 
ambulatory surgery centers: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

               Military Construction, Army National Guard

     For an additional amount for ``Military Construction, Army 
National Guard'', $140,000,000: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects in the 
United States not otherwise authorized by law: Provided further, That 
not later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

               Military Construction, Air National Guard

     For an additional amount for ``Military Construction, Air National 
Guard'', $70,000,000: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

                  Military Construction, Army Reserve

     For an additional amount for ``Military Construction, Army 
Reserve'', $100,000,000: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

                  Military Construction, Navy Reserve

     For an additional amount for ``Military Construction, Navy 
Reserve'', $30,000,000: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

                Military Construction, Air Force Reserve

     For an additional amount for ``Military Construction, Air Force 
Reserve'', $60,000,000: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects in the United 
States not otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate an expenditure plan for 
funds provided under this heading.

            Department of Defense Base Closure Account 1990

     For an additional amount to be deposited into the Department of 
Defense Base Closure Account 1990, established by section 2906(a)(1) of 
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 
note), $300,000,000: Provided, That not later than 30 days after the 
date of enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Appropriations of the House of Representatives and 
the Senate an expenditure plan for funds provided under this heading.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                           medical facilities

     For an additional amount for ``Medical Facilities'' for non-
recurring maintenance, including energy projects, $950,000,000: 
Provided, That not later than 30 days after the date of enactment of 
this Act, the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an expenditure plan for funds provided under this heading.

                    National Cemetery Administration

    For an additional amount for ``National Cemetery Administration'' 
for monument and memorial repairs, $50,000,000: Provided, That not 
later than 30 days after the date of enactment of this Act, the 
Secretary of Veterans Affairs shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate an 
expenditure plan for funds provided under this heading.

                     TITLE XI--DEPARTMENT OF STATE

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                        capital investment fund

    For an additional amount for ``Capital Investment Fund'', 
$276,000,000, of which up to $120,000,000 shall be available for the 
design and construction of a backup information management facility in 
the United States to support mission-critical operations and projects, 
and up to $98,527,000 shall be available to carry out the Department of 
State's responsibilities under the Comprehensive National Cybersecurity 
Initiative: Provided, That the Secretary of State shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate within 90 days of enactment of this Act a detailed spending plan 
for funds appropriated under this heading.

                       International Commissions

 international boundary and water commission, united states and mexico

                              construction

                     (including transfer of funds)

    For an additional amount for ``Construction'' for the water 
quantity program to meet immediate repair and rehabilitation 
requirements, $224,000,000: Provided, That up to $2,000,000 may be 
transferred to, and merged with, funds available under the heading 
``International Boundary and Water Commission, United States and 
Mexico--Salaries and Expenses'', and such amount shall be in lieu of 
amounts available under section 1106 of this Act: Provided, That the 
Secretary of State shall submit to the Committees on Appropriations of 
the House of Representatives and the Senate within 90 days of enactment 
of this Act a detailed spending plan for funds appropriated under this 
heading.

      TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT

                      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 I of chapter 471 and subchapter I 
of chapter 475 of title 49, United States Code, $3,000,000,000: 
Provided, That such funds shall not be subject to apportionment 
formulas, special apportionment categories, or minimum percentages 
under chapter 471: Provided further, That the conditions, 
certifications, and assurances required for grants under subchapter I 
of chapter 471 of such title apply: Provided further, That for purposes 
of applying section 1104 of this Act to this appropriation, the 
deadline for grantees to enter into contracts or other binding 
commitments to make use of not less than 50 percent of the funds 
awarded shall be 120 days after award of the grant.

                     Federal Highway Administration

                   highway infrastructure investment

    For projects and activities eligible under section 133 of title 23, 
United States Code, section 144 of such title (without regard to 
subsection (g)), and sections 103, 119, 134, 148, and 149 of such 
title, $30,000,000,000, of which $300,000,000 shall be for Indian 
reservation roads under section 204 of such title; $250,000,000 shall 
be for park roads and parkways under section 204 of such title; 
$20,000,000 shall be for highway surface transportation and technology 
training under section 140(b) of such title; and $20,000,000 shall be 
for disadvantaged business enterprises bonding assistance under section 
332(e) of title 49, United States Code: Provided, That the amount set 
aside from this appropriation pursuant to section 1106 of this Act 
shall not be more than 0.2 percent of the funds made available under 
this heading instead of the percentage specified in such section: 
Provided further, That, after making the set-asides authorized by the 
previous provisos, the funds made available under this heading shall be 
distributed among the States, and Puerto Rico, American Samoa, Guam, 
the Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, 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, 
but, in the case of the Puerto Rico Highway Program and the Territorial 
Highway Program, under section 120(a)(5) of such division: Provided 
further, That 45 percent of the funds distributed to a State under this 
heading shall be suballocated within the State in the manner and for 
the purposes described in section 133(d) of title 23, United States 
Code, (without regard to the comparison to fiscal year 2005 in 
paragraph (2)): Provided further, That in selecting projects to be 
funded, recipients shall give priority to projects that can award 
contracts within 120 days of enactment of this Act, are included in an 
approved Statewide Transportation Improvement Program (STIP) and/or 
Metropolitan Transportation Improvement Program (TIP), are projected 
for completion within a three-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 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 Indian 
reservation roads and park roads and parkways which shall be 
administered in accordance with chapter 2 of title 23, 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, at the option of the recipient, be up to 100 
percent of the total cost thereof: Provided further, That funds made 
available by this Act shall not be obligated for the purposes 
authorized under section 115(b) of title 23, United States Code: 
Provided further, That the provisions of section 1101(b) of Public Law 
109-59 shall apply to funds made available under this heading: Provided 
further, That, in lieu of the redistribution required by section 
1104(b) of this Act, if less than 50 percent of the funds made 
available to each State and territory under this heading are obligated 
within 180 days after the date of distribution of those funds to the 
States and territories, then the portion of the 50 percent of the total 
funding distributed to the State or territory that has not been 
obligated shall be redistributed, in the manner described in section 
120(c) of division K of Public Law 110-161, to those States and 
territories that have obligated at least 50 percent of the funds made 
available under this heading and are able to obligate amounts in 
addition to those previously distributed, except that, for those funds 
suballocated within the State, if less than 50 percent of the funds so 
suballocated within the State are obligated within 150 days of 
suballocation, then the portion of the 50 percent of funding so 
suballocated that has not been obligated will be returned to the State 
for use anywhere in the State prior to being redistributed in 
accordance with the first part of this proviso: Provided further, That, 
in lieu of the redistribution required by section 1104(b) of this Act, 
any funds made available under this heading that are not obligated by 
August 1, 2010, shall be redistributed, in the manner described in 
section 120(c) of division K of Public Law 110-161, to those States 
able to obligate amounts in addition to those previously distributed, 
except that funds suballocated within the State that are not obligated 
by June 1, 2010, will be returned to the State for use anywhere in the 
State prior to being redistributed in accordance with the first part of 
this proviso:  Provided further, That notwithstanding section 1103 of 
this Act, funds made available under this heading shall be apportioned 
not later than 7 days after the date of enactment of this Act.

                    Federal Railroad Administration

        capital assistance for intercity passenger rail service

     For an additional amount for ``Capital Assistance for Intercity 
Passenger Rail Service'' to enable the Secretary of Transportation to 
make grants for capital costs as authorized by chapter 244 of title 49 
United States Code, $300,000,000: Provided, That notwithstanding 
section 1103 of this Act, the Secretary shall give preference to 
projects for the repair, rehabilitation, upgrade, or purchase of 
railroad assets or infrastructure that can be awarded within 180 days 
of enactment of this Act: Provided further, That in awarding grants for 
the acquisition of a piece of rolling stock or locomotive, the 
Secretary shall give preference to FRA-compliant rolling stock and 
locomotives: Provided further, That the Secretary shall give preference 
to projects that support the development of intercity high speed rail 
service: Provided further, That the Federal share shall be, at the 
option of the recipient, up to 100 percent.

  capital and debt service grants to the national railroad passenger 
                              corporation

    For an additional amount for ``Capital and Debt Service Grants to 
the National Railroad Passenger Corporation'' (Amtrak) to enable the 
Secretary of Transportation to make capital grants to Amtrak as 
authorized by section 101(c) of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110-432), $800,000,000: Provided, 
That priority shall be given to projects for the repair, 
rehabilitation, or upgrade of railroad assets or infrastructure: 
Provided further, That none of the funds under this heading shall be 
used to subsidize the operating losses of Amtrak: Provided further, 
Notwithstanding section 1103 of this Act, funds made available under 
this heading shall be awarded not later than 7 days after the date of 
enactment of this Act.

                     Federal Transit Administration

                       transit capital assistance

    For transit capital assistance grants, $6,000,000,000, of which 
$5,400,000,000 shall be for grants under section 5307 of title 49, 
United States Code and shall be apportioned in accordance with section 
5336 of such title (other than subsections (i)(1) and (j)) but may not 
be combined or commingled with any other funds apportioned under such 
section 5336, and of which $600,000,000 shall be for grants under 
section 5311 of such title and shall be apportioned in accordance with 
such section 5311 but may not be combined or commingled with any other 
funds apportioned under that section: Provided, That of the funds 
provided for section 5311 under this heading, 3 percent shall be made 
available for section 5311(c)(1): 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, In lieu 
of the requirements of section 1103 of this Act, funds made available 
under this heading shall be apportioned not later than 7 days after the 
date of enactment of this Act: Provided further, That for purposes of 
applying section 1104 of this Act to this appropriation, the deadline 
for grantees to enter into obligations to make use of not less than 50 
percent of the funds awarded shall be 180 days after apportionment: 
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, of the funds 
apportioned in accordance with section 5336, up to three-quarters of 1 
percent shall be available for administrative expenses and program 
management oversight and of the funds apportioned in accordance with 
section 5311, up to one-half of 1 percent shall be available for 
administrative expenses and program management oversight and both 
amounts shall remain available for obligation until September 30, 2012: 
Provided further, That the preceding proviso shall apply in lieu of the 
provisions in section 1106 of this Act.

                fixed guideway infrastructure investment

    For an amount for capital expenditures authorized under section 
5309(b)(2) of title 49, United States Code, $2,000,000,000: 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 funds available under the 
Formula and Bus Grants account:  Provided further, In lieu of the 
requirements of section 1103 of this Act, funds made available under 
this heading shall be apportioned not later than 7 days after the date 
of enactment of this Act: Provided further, That for purposes of 
applying section 1104 of this Act to this appropriation, the deadline 
for grantees to enter into obligations to make use of not less than 50 
percent of the funds awarded shall be 180 days after apportionment: 
Provided further, That applicable chapter 53 requirements shall apply 
except that the Federal share of the costs for which a grant is made 
under this heading shall be, at the option of the recipient, up to 100 
percent: Provided further, That the provisions of section 1101(b) of 
Public Law 109-59 shall apply to funds made available under this 
heading: Provided further, That notwithstanding any other provision of 
law, up to 1 percent of the funds under this heading shall be available 
for administrative expenses and program management oversight and shall 
remain available for obligation until September 30, 2012: Provided 
further, That the preceding proviso shall apply in lieu of the 
provisions in section 1106 of this Act.

                       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, $1,000,000,000: Provided, 
That such amount shall be allocated without regard to the limitation 
under section 5309(m)(2)(A)(i): Provided further, That in selecting 
projects to be funded, priority shall be given to projects that are 
currently in construction or are able to award contracts based on bids 
within 120 days of enactment of this Act: Provided further, That for 
purposes of applying section 1104 of this Act to this appropriation, 
the deadline for grantees to enter into contracts or other binding 
commitments to make use of not less than 50 percent of the funds 
awarded shall be 120 days after award: 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 applicable 
chapter 53 requirements shall apply, except that notwithstanding any 
other provision of law, up to 1 percent of the funds under this heading 
shall be available for administrative expenses and program management 
oversight and shall remain available for obligation until September 30, 
2012: Provided further, That the preceding proviso shall apply in lieu 
of the provisions in section 1106 of this Act.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                      public housing capital fund

    For an additional amount for ``Public Housing Capital Fund'' to 
carry out capital and management activities for public housing 
agencies, as authorized under section 9 of the United States Housing 
Act of 1937 (42 U.S.C. 1437g) (``the Act''), $5,000,000,000: Provided, 
That the Secretary of Housing and Urban Development shall distribute at 
least $4,000,000,000 of this amount by the same formula used for 
amounts made available in fiscal year 2008: Provided further, That 
public housing authorities shall give priority to capital projects that 
can award contracts based on bids within 120 days from the date the 
funds are made available to the public housing authorities: Provided 
further, That public housing agencies shall give priority consideration 
to the rehabilitation of vacant rental units: Provided further, That 
notwithstanding any other provision of the Act or regulations, (1) 
funding provided herein may not be used for Operating Fund activities 
pursuant to section 9(g) of the Act, and (2) any restriction of funding 
to replacement housing uses shall be inapplicable: Provided further, 
That public housing agencies shall prioritize capital projects underway 
or already in their 5-year plans: Provided further, That of the amount 
provided under this heading, the Secretary may obligate up to 
$1,000,000,000, for competitive grants to public housing authorities 
for activities including: (1) investments that leverage private sector 
funding or financing for housing renovations and energy conservation 
retrofit investments; (2) rehabilitation of units using sustainable 
materials and methods that improve energy efficiency, reduce energy 
costs, or preserve and improve units with good access to public 
transportation or employment centers; (3) increase the availability of 
affordable rental housing by expediting rehabilitation projects to 
bring vacant units into use or by filling the capital investment gap 
for redevelopment or replacement housing projects which have been 
approved or are otherwise ready to proceed but are stalled due to the 
inability to obtain anticipated private capital; or (4) address the 
needs of seniors and persons with disabilities through improvements to 
housing and related facilities which attract or promote the coordinated 
delivery of supportive services: Provided further, That the Secretary 
may waive statutory or regulatory provisions related to the obligation 
and expenditure of capital funds if necessary to facilitate the timely 
expenditure of funds (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment).

   elderly, disabled, and section 8 assisted housing energy retrofit

    For grants or loans to owners of properties receiving project-based 
assistance pursuant to section 202 of the Housing Act of 1959 (12 
U.S.C. 17012), section 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013), or section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f), to accomplish energy retrofit 
investments, $2,500,000,000: Provided, That such loans or grants shall 
be provided through the Office of Affordable Housing Preservation of 
the Department of Housing and Urban Development, on such terms and 
conditions as the Secretary of Housing and Urban Development deems 
appropriate: Provided further, That eligible owners must have at least 
a satisfactory management review rating, be in substantial compliance 
with applicable performance standards and legal requirements, and 
commit to an additional period of affordability determined by the 
Secretary: Provided further, That the Secretary shall undertake 
appropriate underwriting and oversight with respect to such 
transactions: Provided further, That the Secretary may set aside funds 
made available under this heading for an efficiency incentive payable 
upon satisfactory completion of energy retrofit investments, and may 
provide additional incentives if such investments resulted in 
extraordinary job creation for low-income and very low-income persons: 
Provided further, that of the funds provided under this heading, 1 
percent shall be available only for staffing, training, technical 
assistance, technology, monitoring, research and evaluation activities.

                  native american housing block grants

    For an additional amount for ``Native American Housing Block 
Grants'', as authorized under title I of the Native American Housing 
Assistance and Self-Determination Act of 1996 (``NAHASDA'') (25 U.S.C. 
4111 et seq.), $500,000,000: Provided, That $250,000,000 of the amount 
appropriated under this heading shall be distributed according to the 
same funding formula used in fiscal year 2008: Provided further, That 
in selecting projects to be funded, recipients shall give priority to 
projects that can award contracts based on bids within 120 days from 
the date that funds are available to the recipients: Provided further, 
That in allocating the funds appropriated under this heading, the 
Secretary of Housing and Urban Development shall not require an 
additional action plan from grantees: Provided further, That the 
Secretary may obligate $250,000,000 of the amount appropriated under 
this heading for competitive grants to eligible entities that apply for 
funds as authorized under NAHASDA: Provided further, That in awarding 
competitive funds, the Secretary shall give priority to projects that 
will spur construction and rehabilitation and will create employment 
opportunities for low-income and unemployed persons.

                   Community Planning and Development

                       community development fund

    For an additional amount for ``Community Development Fund'' 
$1,000,000,000, to carry out the community development block grant 
program under title I of the Housing and Community Development Act of 
1974 (42 U.S.C. 5301 et seq.): Provided, That the amount appropriated 
in this paragraph shall be distributed according to the same funding 
formula used in fiscal year 2008: Provided further, That in allocating 
the funds appropriated in this paragraph, the Secretary of Housing and 
Urban Development shall not require an additional action plan from 
grantees: Provided further, That in selecting projects to be funded, 
recipients shall give priority to projects that can award contracts 
based on bids within 120 days from the date the funds are made 
available to the recipients; Provided further, That in administering 
funds provided in this paragraph, the Secretary may waive any provision 
of any statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by the 
recipient of these funds (except for requirements related to fair 
housing, nondiscrimination, labor standards, and the environment), upon 
a finding that such waiver is required to facilitate the timely use of 
such funds and would not be inconsistent with the overall purpose of 
the statute.
     For a further additional amount for ``Community Development 
Fund'', $4,190,000,000, to be used for neighborhood stabilization 
activities related to emergency assistance for the redevelopment of 
abandoned and foreclosed homes as authorized under division B, title 
III of the Housing and Economic Recovery Act of 2008 (Public Law 110-
289), of which--
            (1) not less than $3,440,000,000 shall be allocated by a 
        competition for which eligible entities shall be States, units 
        of general local government, and nonprofit entities or 
        consortia of nonprofit entities: Provided, That the award 
        criteria for such competition shall include grantee capacity, 
        leveraging potential, targeted impact of foreclosure 
        prevention, and any additional factors determined by the 
        Secretary of Housing and Urban Development: Provided further, 
        that the Secretary may establish a minimum grant size: Provided 
        further, That amounts made available under this Section may be 
        used to (A) establish financing mechanisms for purchase and 
        redevelopment of foreclosed-upon homes and residential 
        properties, including such mechanisms as soft-seconds, loan 
        loss reserves, and shared-equity loans for low- and moderate-
        income homebuyers; (B) purchase and rehabilitate homes and 
        residential properties that have been abandoned or foreclosed 
        upon, in order to sell or rent such homes and properties; (C) 
        establish and operate land banks for homes that have been 
        foreclosed upon; (D) demolish foreclosed properties that have 
        become blighted structures; and (E) redevelop demolished or 
        vacant foreclosed properties in order to sell or rent such 
        properties; and
            (2) up to $750,000,000 shall be awarded by competition to 
        nonprofit entities or consortia of nonprofit entities to 
        provide community stabilization assistance by (A) accelerating 
        state and local government and nonprofit productivity; (B) 
        increasing the scale and efficiency of property transfers of 
        foreclosed and vacant residential properties from financial 
        institutions and government entities to qualified local housing 
        providers in order to return the properties to productive 
        affordable housing use; (C) building industry and property 
        management capacity; and (D) partnering with private sector 
        real estate developers and contractors and leveraging private 
        sector capital: Provided further, That such community 
        stabilization assistance shall be provided primarily in States 
        and areas with high rates of defaults and foreclosures to 
        support the acquisition, rehabilitation and property management 
        of single-family and multi-family homes and to work in 
        partnership with the private sector real estate industry and to 
        leverage available private and public funds for those purposes: 
        Provided further, That for purposes of this paragraph qualified 
        local housing providers shall be nonprofit organizations with 
        demonstrated capabilities in real estate development or 
        acquisition and rehabilitation or property management of 
        single- or multi-family homes, or local or state governments or 
        instrumentalities of such governments: Provided further, That 
        qualified local housing providers shall be expected to utilize 
        and leverage additional local nonprofit, governmental, for-
        profit and private resources: 
Provided further, That in the case of any foreclosure on any dwelling 
or residential real property acquired with any amounts made available 
under this heading, any successor in interest in such property pursuant 
to the foreclosure shall assume such interest subject to--(1) the 
provision by such successor in interest of a notice to vacate to any 
bona fide tenant at least 90 days before the effective date of such 
notice; and (2) the rights of any bona fide tenant, as of the date of 
such notice of foreclosure (A) under any bona fide lease entered into 
before the notice of foreclosure to occupy the premises until the end 
of the remaining term of the lease, except that a successor in interest 
may terminate a lease effective on the date of sale of the unit to a 
purchaser who will occupy the unit as a primary residence, subject to 
the receipt by the tenant of the 90-day notice under this paragraph; or 
(B) without a lease or with a lease terminable at will under State law, 
subject to the receipt by the tenant of the 90-day notice under this 
paragraph, except that nothing in this paragraph shall affect the 
requirements for termination of any Federal- or State-subsidized 
tenancy or of any State or local law that provides longer time periods 
or other additional protections for tenants: Provided further, That, 
for purposes of this paragraph, a lease or tenancy shall be considered 
bona fide only if (1) the mortgagor under the contract is not the 
tenant; (2) the lease or tenancy was the result of an arms-length 
transaction; and (3) the lease or tenancy requires the receipt of rent 
that is not substantially less than fair market rent for the property: 
Provided further, That the recipient of any grant or loan from amounts 
made available under this heading may not refuse to lease a dwelling 
unit in housing assisted with such loan or grant to a holder of a 
voucher or certificate of eligibility under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f) because of the status of 
the prospective tenant as such a holder: Provided further, That in the 
case of any qualified foreclosed housing for which funds made available 
under this heading are used and in which a recipient of assistance 
under section 8(o) of the U.S. Housing Act of 1937 resides at the time 
of acquisition or financing, the owner and any successor in interest 
shall be subject to the lease and to the housing assistance payments 
contract for the occupied unit: Provided further, That vacating the 
property prior to sale shall not constitute good cause for termination 
of the tenancy unless the property is unmarketable while occupied or 
unless the owner or subsequent purchaser desires the unit for personal 
or family use: Provided further, That this paragraph shall not preempt 
any State or local law that provides more protection for tenants: 
Provided further, That amounts made available under this heading may be 
used for the costs of demolishing foreclosed housing that is 
deteriorated or unsafe: Provided further, That the amount for 
demolition of such housing may not exceed 10 percent of amounts 
allocated under this paragraph to States and units of general local 
government: Provided further, That no amounts from a grant made under 
this paragraph may be used to demolish any public housing (as such term 
is defined in section 3 of the United States Housing Act of 1937 (42 
U.S.C. 1437a)): Provided further, That section 2301(d)(4) of the 
Housing and Economic Recovery Act of 2008 (Public Law 110-289) is 
repealed.

                  home investment partnerships program

     For an additional amount for ``HOME Investment Partnerships 
Program'' as authorized under Title II of the Cranston-Gonzalez 
National Affordable Housing Act (``the Act''), $1,500,000,000: 
Provided, That the amount appropriated under this heading shall be 
distributed according to the same funding formula used in fiscal year 
2008: Provided further, That the Secretary of Housing and Urban 
Development may waive statutory or regulatory provisions related to the 
obligation of such funds if necessary to facilitate the timely 
expenditure of funds (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment): Provided 
further, That in selecting projects to be funded, recipients shall give 
priority to projects that can award contracts based on bids within 120 
days from the date that funds are available to the recipients.

        self-help and assisted homeownership opportunity program

     For an additional amount for ``Self-Help and Assisted 
Homeownership Opportunity Program'', as authorized under section 11 of 
the Housing Opportunity Program Extension Act of 1996, $10,000,000: 
Provided, That in awarding competitive grant funds, the Secretary of 
Housing and Urban Development shall give priority to the provision and 
rehabilitation of sustainable, affordable single and multifamily units 
in low-income, high-need rural areas: Provided further, That in 
selecting projects to be funded, grantees shall give priority to 
projects that can award contracts based on bids within 120 days from 
the date the funds are made available to the grantee.

                       homeless assistance grants

    For an additional amount for ``Homeless Assistance Grants'', for 
the emergency shelter grants program as authorized under subtitle B of 
tile IV of the McKinney-Vento Homeless Assistance Act, $1,500,000,000: 
Provided, That in addition to homeless prevention activities specified 
in the emergency shelter grant program, funds provided under this 
heading may be used for the provision of short-term or medium-term 
rental assistance; housing relocation and stabilization services 
including housing search, mediation or outreach to property owners, 
legal services, credit repair, resolution of security or utility 
deposits, utility payments, rental assistance for a final month at a 
location, and moving costs assistance; or other appropriate 
homelessness prevention activities; Provided further, That these funds 
shall be allocated pursuant to the formula authorized by section 413 of 
such Act: Provided further, That the Secretary of Housing and Urban 
Development may waive statutory or regulatory provisions related to the 
obligation and use of emergency shelter grant funds necessary to 
facilitate the timely expenditure of funds.

            Office of Healthy Homes and Lead Hazard Control

                         lead hazard reduction

     For an additional amount for ``Lead Hazard Reduction'', for the 
Lead Hazard Reduction Program as authorized by section 1011 of the 
Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$100,000,000: Provided, That for purposes of environmental review, 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and other provisions of law that further the purposes of 
such Act, a grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies program 
under this heading or under prior appropriations Acts for such purposes 
under this heading, shall be considered to be funds for a special 
project for purposes of section 305(e) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, That of the 
total amount made available under this heading, $30,000,000 shall be 
made available on a competitive basis for areas with the highest lead 
paint abatement needs.

                     GENERAL PROVISIONS, THIS TITLE

SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING REQUIREMENTS TO ENSURE 
              TRANSPARENCY AND ACCOUNTABILITY.

    (a) Maintenance of Effort.--Not later than 30 days after the date 
of enactment of this Act, for each amount that is distributed to a 
State or agency thereof from an appropriation in this Act for a covered 
program, the Governor of the State shall certify 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 covered agency a 
statement identifying the amount of funds the State planned to expend 
as of the date of enactment of this Act from non-Federal sources in the 
period beginning on the date of enactment of this Act through September 
30, 2010, for the types of projects that are funded by the 
appropriation.
    (b) Periodic Reports.--
            (1) In general.--Notwithstanding any other provision of 
        law, each grant recipient shall submit to the covered agency 
        from which they received funding periodic reports on the use of 
        the funds appropriated in this Act for covered programs. Such 
        reports shall be collected and compiled by the covered agency 
        and transmitted to Congress.
            (2) Contents of reports.--For amounts received under each 
        covered program by a grant recipient under this Act, the grant 
        recipient shall include in the periodic reports information 
        tracking--
                    (A) the amount of Federal funds appropriated, 
                allocated, obligated, and outlayed under the 
                appropriation;
                    (B) the number of projects that have been put out 
                to bid under the appropriation and the amount of 
                Federal funds associated with such projects;
                    (C) the number of projects for which contracts have 
                been awarded under the appropriation and the amount of 
                Federal funds associated with such contracts;
                    (D) the number of projects for which work has begun 
                under such contracts and the amount of Federal funds 
                associated with such contracts;
                    (E) the number of projects for which work has been 
                completed under such contracts and the amount of 
                Federal funds associated with such contracts;
                    (F) the number of jobs created or sustained by the 
                Federal funds provided for projects under the 
                appropriation, including information on job sectors and 
                pay levels; and
                    (G) for each covered program report information 
                tracking the actual aggregate expenditures by each 
                grant recipient from non-Federal sources for projects 
                eligible for funding under the program during the 
                period beginning on the date of enactment of this Act 
                through September 30, 2010, as compared to the level of 
                such expenditures that were planned to occur during 
                such period as of the date of enactment of this Act.
            (3) Timing of reports.--Each grant recipient shall submit 
        the first of the periodic reports required under this 
        subsection not later than 30 days after the date of enactment 
        of this Act and shall submit updated reports not later than 60 
        days, 120 days, 180 days, 1 year, and 3 years after such date 
        of enactment.
    (c) 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, and the 
        Federal Transit 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 Assistance for Intercity 
        Passenger Rail Service'' to the Federal Railroad 
        Administration; for ``Transit Capital Assistance'', ``Fixed 
        Guideway Infrastructure Investment'', and ``Capital Investment 
        Grants'' to the Federal Transit 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.

SEC. 12002. FHA LOAN LIMITS FOR 2009.

    (a) Loan Limit Floor Based on 2008 Levels.--For mortgages for which 
the mortgagee issues credit approval for the borrower during calendar 
year 2009, if the dollar amount limitation on the principal obligation 
of a mortgage determined under section 203(b)(2) of the National 
Housing Act (12 U.S.C. 1709(b)(2)) for any size residence for any area 
is less than such dollar amount limitation that was in effect for such 
size residence for such area for 2008 pursuant to section 202 of the 
Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 620), 
notwithstanding any other provision of law, the maximum dollar amount 
limitation on the principal obligation of a mortgage for such size 
residence for such area for purposes of such section 203(b)(2) shall be 
considered (except for purposes of section 255(g) of such Act (12 
U.S.C. 1715z-20(g))) to be such dollar amount limitation in effect for 
such size residence for such area for 2008.
    (b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law, if the Secretary of Housing and Urban 
Development determines, for any geographic area that is smaller than an 
area for which dollar amount limitations on the principal obligation of 
a mortgage are determined under section 203(b)(2) of the National 
Housing Act, that a higher such maximum dollar amount limitation is 
warranted for any particular size or sizes of residences in such sub-
area by higher median home prices in such sub-area, the Secretary may, 
for mortgages for which the mortgagee issues credit approval for the 
borrower during calendar year 2009, increase the maximum dollar amount 
limitation for such size or sizes of residences for such sub-area that 
is otherwise in effect (including pursuant to subsection (a) of this 
section), but in no case to an amount that exceeds the amount specified 
in section 202(a)(2) of the Economic Stimulus Act of 2008.

SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009.

    (a) Loan Limit Floor Based on 2008 Levels.--For mortgages 
originated during calendar year 2009, if the limitation on the maximum 
original principal obligation of a mortgage that may purchased by the 
Federal National Mortgage Association or the Federal Home Loan Mortgage 
Corporation determined under section 302(b)(2) of the Federal National 
Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) or section 
305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 
1754(a)(2)), respectively, for any size residence for any area is less 
than such maximum original principal obligation limitation that was in 
effect for such size residence for such area for 2008 pursuant to 
section 201 of the Economic Stimulus Act of 2008 (Public Law 110-185; 
122 Stat. 619), notwithstanding any other provision of law, the 
limitation on the maximum original principal obligation of a mortgage 
for such Association and Corporation for such size residence for such 
area shall be such maximum limitation in effect for such size residence 
for such area for 2008.
    (b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law, if the Director of the Federal Housing Finance 
Agency determines, for any geographic area that is smaller than an area 
for which limitations on the maximum original principal obligation of a 
mortgage are determined for the Federal National Mortgage Association 
or the Federal Home Loan Mortgage Corporation, that a higher such 
maximum original principal obligation limitation is warranted for any 
particular size or sizes of residences in such sub-area by higher 
median home prices in such sub-area, the Director may, for mortgages 
originated during 2009, increase the maximum original principal 
obligation limitation for such size or sizes of residences for such 
sub-area that is otherwise in effect (including pursuant to subsection 
(a) of this section) for such Association and Corporation, but in no 
case to an amount that exceeds the amount specified in the matter 
following the comma in section 201(a)(1)(B) of the Economic Stimulus 
Act of 2008.

SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR 2009.

    For mortgages for which the mortgagee issues credit approval for 
the borrower during calendar year 2009, the second sentence of section 
255(g) of the National Housing Act (12 U.S.C. 171520(g)) shall be 
considered to require that in no case may the benefits of insurance 
under such section 255 exceed 150 percent of the maximum dollar amount 
in effect under the sixth sentence of section 305(a)(2) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).

              TITLE XIII--STATE FISCAL STABILIZATION FUND

                        DEPARTMENT OF EDUCATION

                    State Fiscal Stabilization Fund

    For necessary expenses for a State Fiscal Stabilization Fund, 
$79,000,000,000, which shall be administered by the Department of 
Education, of which $39,500,000,000 shall become available on July 1, 
2009 and remain available through September 30, 2010, and 
$39,500,000,000 shall become available on July 1, 2010 and remain 
available through September 30, 2011: Provided, That the provisions of 
section 1103 of this Act shall not apply to the funds reserved under 
section 13001(c) of this title: Provided further, That the amount made 
available under section 13001(b) of this title for administration and 
oversight shall take the place of the set-aside under section 1106 of 
this Act.

                     GENERAL PROVISIONS, THIS TITLE

SEC. 13001. ALLOCATIONS.

    (a) Outlying Areas.--From each year's appropriation to carry out 
this title, the Secretary of Education shall first allocate one half of 
1 percent to the outlying areas on the basis of their respective needs, 
as determined by the Secretary, for activities consistent with this 
title under such terms and conditions as the Secretary may determine.
    (b) Administration and Oversight.--The Secretary may, in addition, 
reserve up to $12,500,000 each year for administration and oversight of 
this title, including for program evaluation.
    (c) Reservation for Additional Programs.--After reserving funds 
under subsections (a) and (b), the Secretary shall reserve 
$7,500,000,000 each year for grants under sections 13006 and 13007.
    (d) State Allocations.--After carrying out subsections (a), (b), 
and (c), the Secretary shall allocate the remaining funds made 
available to carry out this title to the States as follows:
            (1) 61 percent on the basis of their relative population of 
        individuals aged 5 through 24.
            (2) 39 percent on the basis of their relative total 
        population.
    (e) State Grants.--From funds allocated under subsection (d), the 
Secretary shall make grants to the Governor of each State.
    (f) Reallocation.--The Governor shall return to the Secretary any 
funds received under subsection (e) that the Governor does not obligate 
within one year of receiving a grant, and the Secretary shall 
reallocate such funds to the remaining States in accordance with 
subsection (d).

SEC. 13002. STATE USES OF FUNDS.

    (a) Education Fund.--
            (1) In general.--For each fiscal year, the Governor shall 
        use at least 61 percent of the State's allocation under section 
        13001 for the support of elementary, secondary, and 
        postsecondary education.
            (2) Restoring 2008 state support for education.--
                    (A) In general.--The Governor shall first use the 
                funds described in paragraph (1)--
                            (i) to provide the amount of funds, through 
                        the State's principal elementary and secondary 
                        funding formula, that is needed to restore 
                        State support for elementary and secondary 
                        education to the fiscal year 2008 level; and
                            (ii) to provide the amount of funds to 
                        public institutions of higher education in the 
                        State that is needed to restore State support 
                        for postsecondary education to the fiscal year 
                        2008 level.
                    (B) Shortfall.--If the Governor determines that the 
                amount of funds available under paragraph (1) is 
                insufficient to restore State support for education to 
                the levels described in clauses (i) and (ii) of 
                subparagraph (A), the Governor shall allocate those 
                funds between those clauses in proportion to the 
                relative shortfall in State support for the education 
                sectors described in those clauses.
            (3) Subgrants to improve basic programs operated by local 
        educational agencies.--After carrying out paragraph (2), the 
        Governor shall use any funds remaining under paragraph (1) to 
        provide local educational agencies in the State with subgrants 
        based on their relative shares of funding under part A of title 
        I of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq.) for the most recent year for which data 
        are available.
    (b) Other Government Services.--For each fiscal year, the Governor 
may use up to 39 percent of the State's allocation under section 1301 
for public safety and other government services, which may include 
assistance for elementary and secondary education and public 
institutions of higher education.

SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--A local educational agency that receives funds 
under this title may use the funds for any activity authorized by the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
(``ESEA''), the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.) (``IDEA''), or the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2301 et seq.) (``the Perkins Act'').
    (b) Prohibition.--A local educational agency may not use funds 
received under this title for capital projects unless authorized by 
ESEA, IDEA, or the Perkins Act.

SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION.

    (a) In General.--A public institution of higher education that 
receives funds under this title shall use the funds for education and 
general expenditures, and in such a way as to mitigate the need to 
raise tuition and fees for in-State students.
    (b) Prohibition.--An institution of higher education may not use 
funds received under this title to increase its endowment.
    (c) Additional Prohibition.--An institution of higher education may 
not use funds received under this title for construction, renovation, 
or facility repair.

SEC. 13005. STATE APPLICATIONS.

    (a) In General.--The Governor of a State desiring to receive an 
allocation under section 13001 shall submit an annual application at 
such time, in such manner, and containing such information as the 
Secretary may reasonably require.
    (b) First Year Application.--In the first of such applications, the 
Governor shall--
            (1) include the assurances described in subsection (e);
            (2) provide baseline data that demonstrates the State's 
        current status in each of the areas described in such 
        assurances; and
            (3) describe how the State intends to use its allocation.
    (c) Second Year Application.--In the second year application, the 
Governor shall--
            (1) include the assurances described in subsection (e); and
            (2) describe how the State intends to use its allocation.
    (d) Incentive Grant Application.--The Governor of a State seeking a 
grant under section 13006 shall--
            (1) submit an application for consideration;
            (2) describe the status of the State's progress in each of 
        the areas described in subsection (e), and the strategies the 
        State is employing to help ensure that high-need students in 
        the State continue making progress towards meeting the State's 
        student academic achievement standards;
            (3) describe how the State would use its grant funding, 
        including how it will allocate the funds to give priority to 
        high-need schools and local educational agencies; and
            (4) include a plan for evaluating its progress in closing 
        achievement gaps.
    (e) Assurances.--An application under subsection (b) or (c) shall 
include the following assurances:
            (1) Maintenance of effort.--
                    (A) Elementary and secondary education.--The State 
                will, in each of fiscal years 2009 and 2010, maintain 
                State support for elementary and secondary education at 
                least at the level of such support in fiscal year 2006.
                    (B) Higher education.--The State will, in each of 
                fiscal years 2009 and 2010, maintain State support for 
                public institutions of higher education (not including 
                support for capital projects or for research and 
                development) at least at the level of such support in 
                fiscal year 2006.
            (2) Achieving equity in teacher distribution.--The State 
        will take actions to comply with section 1111(b)(8)(C) of ESEA 
        (20 U.S.C. 6311(b)(8)(C)) in order to address inequities in the 
        distribution of teachers between high-and low-poverty schools, 
        and to ensure that low-income and minority children are not 
        taught at higher rates than other children by inexperienced, 
        unqualified, or out-of-field teachers.
            (3) Improving collection and use of data.--The State will 
        establish a longitudinal data system that includes the elements 
        described in section 6401(e)(2)(D) of the America COMPETES Act 
        (20 U.S.C. 9871).
            (4) Assessments.--The State--
                    (A) will enhance the quality of academic 
                assessments described in section 1111(b)(3) of ESEA (20 
                U.S.C. 6311(b)(3)) through activities such as those 
                described in section 6112(a) of such Act (20 U.S.C. 
                7301a(a)); and
                    (B) will comply with the requirements of paragraphs 
                3(C)(ix) and (6) of section 1111(b) of ESEA (20 U.S.C. 
                6311(b)) and section 612(a)(16) of IDEA (20 U.S.C. 
                1412(a)(16)) related to the inclusion of children with 
                disabilities and limited English proficient students in 
                State assessments, the development of valid and 
                reliable assessments for those students, and the 
                provision of accommodations that enable their 
                participation in State assessments.

SEC. 13006. STATE INCENTIVE GRANTS.

    (a) In General.--From the total amount reserved under section 
13001(c) that is not used for section 13007, the Secretary shall, in 
fiscal year 2010, make grants to States that have made significant 
progress in meeting the objectives of paragraphs (2), (3), and (4) of 
section 13005(e).
    (b) Basis for Grants.--The Secretary shall determine which States 
receive grants under this section, and the amount of those grants, on 
the basis of information provided in State applications under section 
13005 and such other criteria as the Secretary determines appropriate.
    (c) Subgrants to Local Educational Agencies.--Each State receiving 
a grant under this section shall use at least 50 percent of the grant 
to provide local educational agencies in the State with subgrants based 
on their relative shares of funding under part A of title I of ESEA (20 
U.S.C. 6311 et seq.) for the most recent year.

SEC. 13007. INNOVATION FUND.

    (a) In General.--
            (1) Program established.--From the total amount reserved 
        under section 13001(c), the Secretary may reserve up to 
        $325,000,000 each year to establish an Innovation Fund, which 
        shall consist of academic achievement awards that recognize 
        States, local educational agencies, or schools that meet the 
        requirements described in subsection (b).
            (2) Basis for awards.--The Secretary shall make awards to 
        States, local educational agencies, or schools that have made 
        significant gains in closing the achievement gap as described 
        in subsection (b)(1)--
                    (A) to allow such States, local educational 
                agencies, and schools to expand their work and serve as 
                models for best practices;
                    (B) to allow such States, local educational 
                agencies, and schools to work in partnership with the 
                private sector and the philanthropic community; and
                    (C) to identify and document best practices that 
                can be shared, and taken to scale based on demonstrated 
                success.
    (b) Eligibility.--To be eligible for such an award, a State, local 
educational agency, or school shall--
            (1) have significantly closed the achievement gaps between 
        groups of students described in section 1111(b)(2) of ESEA (20 
        U.S.C. 6311(b)(2));
            (2) have exceeded the State's annual measurable objectives 
        consistent with such section 1111(b)(2) for 2 or more 
        consecutive years or have demonstrated success in significantly 
        increasing student academic achievement for all groups of 
        students described in such section through another measure, 
        such as measures described in section 1111(c)(2) of ESEA;
            (3) have made significant improvement in other areas, such 
        as graduation rates or increased recruitment and placement of 
        high-quality teachers and school leaders, as demonstrated with 
        meaningful data; and
            (4) demonstrate that they have established partnerships 
        with the private sector, which may include philanthropic 
        organizations, and that the private sector will provide 
        matching funds in order to help bring results to scale.

SEC. 13008. STATE REPORTS.

    For each year of the program under this title, a State receiving 
funds under this title shall submit a report to the Secretary, at such 
time and in such manner as the Secretary may require, that describes--
            (1) the uses of funds provided under this title within the 
        State;
            (2) how the State distributed the funds it received under 
        this title;
            (3) the number of jobs that the Governor estimates were 
        saved or created with funds the State received under this 
        title;
            (4) tax increases that the Governor estimates were averted 
        because of the availability of funds from this title;
            (5) the State's progress in reducing inequities in the 
        distribution of teachers, in implementing a State student 
        longitudinal data system, and in developing and implementing 
        valid and reliable assessments for limited English proficient 
        students and children with disabilities;
            (6) the tuition and fee increases for in-State students 
        imposed by public institutions of higher education in the State 
        during the period of availability of funds under this title, 
        and a description of any actions taken by the State to limit 
        those increases; and
            (7) the extent to which public institutions of higher 
        education maintained, increased, or decreased enrollment of in-
        State students, including students eligible for Pell Grants or 
        other need-based financial assistance.

SEC. 13009. EVALUATION.

    The Comptroller General of the United States shall conduct 
evaluations of the programs under sections 13006 and 13007 which shall 
include, but not be limited to, the criteria used for the awards made, 
the States selected for awards, award amounts, how each State used the 
award received, and the impact of this funding on the progress made 
toward closing achievement gaps.

SEC. 13010. SECRETARY'S REPORT TO CONGRESS.

    The Secretary shall submit a report to the Committee on Education 
and Labor of the House of Representatives, the Committee on Health, 
Education, Labor, and Pensions of the Senate, and the Committees on 
Appropriations of the House of Representatives and of the Senate, not 
less than 6 months following the submission of State reports, that 
evaluates the information provided in the State reports under section 
13008.

SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.

    No recipient of funds under this title shall use such funds to 
provide financial assistance to students to attend private elementary 
or secondary schools.

SEC. 13012. DEFINITIONS.

    Except as otherwise provided in this title, as used in this title--
            (1) the term ``institution of higher education'' has the 
        meaning given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001);
            (2) the term ``Secretary'' means the Secretary of 
        Education;
            (3) the term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico; and
            (4) any other term used in this title that is defined in 
        section 9101 of ESEA (20 U.S.C. 7801) shall have the meaning 
        given the term in that section.
                                                   Union Calendar No. 1

111th CONGRESS

  1st Session

                               H. R. 679

                           [Report No. 111-4]

_______________________________________________________________________

                                 A BILL

 Making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
   the unemployed, and State and local fiscal stabilization, for the 
     fiscal year ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                            January 26, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed