[Congressional Record (Bound Edition), Volume 155 (2009), Part 24]
[House]
[Pages 32482-32524]
[From the U.S. Government Publishing Office, www.gpo.gov]




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2010

  Mr. OBEY. Madam Speaker, pursuant to House Resolution 976, I call up 
the bill (H.R. 2847) making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2010, and for other purposes, with a Senate 
amendment thereto, and offer the motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the title of the bill, 
designate the Senate amendment, and designate the motion.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

  Senate amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted overseas; 
     travel and transportation of employees of the International 
     Trade Administration between two points abroad, without 
     regard to 49 U.S.C. 40118; employment of Americans and aliens 
     by contract for services; rental of space abroad for periods 
     not exceeding 10 years, and expenses of alteration, repair, 
     or improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $327,000 for official representation 
     expenses abroad; purchase of passenger motor vehicles for 
     official use abroad, not to exceed $45,000 per vehicle; 
     obtaining insurance on official motor vehicles; and rental of 
     tie lines, $455,704,000, to remain available until September 
     30, 2011, of which $9,439,000 is to be derived from fees to 
     be retained and used by the International Trade 
     Administration, notwithstanding 31 U.S.C. 3302: Provided, 
     That not less than $49,530,000 shall be for Manufacturing and 
     Services; not less than $43,212,000 shall be for Market 
     Access and Compliance; not less than $68,290,000 shall be for 
     the Import Administration; not less than $257,938,000 shall 
     be for the Trade Promotion and United States and Foreign 
     Commercial Service; and not less than $27,295,000 shall be 
     for Executive Direction and Administration: Provided further, 
     That the provisions of the first sentence of section 105(f) 
     and all of section 108(c) of the Mutual Educational and 
     Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
     shall apply in carrying out these activities without regard 
     to section 5412 of the Omnibus Trade and Competitiveness Act 
     of 1988 (15 U.S.C. 4912); and that for the purpose of this 
     Act, contributions under the provisions of the Mutual 
     Educational and Cultural Exchange Act of 1961 shall include 
     payment for assessments for services provided as part of 
     these activities: Provided further, That negotiations shall 
     be conducted within the World Trade Organization to recognize 
     the right of members to distribute monies collected from 
     antidumping and countervailing duties: Provided further, That 
     negotiations shall be conducted within the World Trade 
     Organization consistent with the negotiating objectives 
     contained in the Trade Act of 2002, Public Law 107-210, to 
     maintain strong U.S. remedies laws, correct the problem of 
     overreaching by World Trade Organization Panels and Appellate 
     Body, and prevent the creation of obligation never negotiated 
     or expressly agreed to by the United States: Provided 
     further, That within the amounts appropriated, $1,500,000 
     shall be used for the projects, and in the amounts, specified 
     in the table entitled ``Congressionally designated projects'' 
     in the report of the Committee on Appropriations of the 
     Senate to accompany this Act.

                    Bureau of Industry and Security

                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); and purchase of passenger motor vehicles 
     for official use and motor vehicles for law enforcement use 
     with special requirement vehicles eligible for purchase 
     without regard to any price limitation otherwise established 
     by law, $100,342,000, to remain available until expended, of 
     which $14,767,000 shall be for inspections and other 
     activities related to national security: Provided, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities: Provided further, 
     That payments and contributions collected and accepted for 
     materials or services provided as part of such activities may 
     be retained for use in covering the cost of such activities, 
     and for providing information to the public with respect to 
     the export administration and national security activities of 
     the Department of Commerce and other export control programs 
     of the United States and other governments.

                  Economic Development Administration

                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, and 
     for trade adjustment assistance, $200,000,000, to remain 
     available until expended: Provided, That of the amounts 
     provided, no more than $4,000,000 may be transferred to 
     ``Economic Development Administration, Salaries and 
     Expenses'' to conduct management oversight and administration 
     of public works grants.

[[Page 32483]]



                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $38,000,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $31,200,000: Provided, That within the amounts appropriated, 
     $200,000 shall be used for the projects, and in the amounts, 
     specified in the table entitled, ``Congressionally designated 
     projects'' in the report of the Committee on Appropriations 
     of the Senate to accompany this Act.

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $100,600,000, to remain available until September 
     30, 2011.

                          Bureau of the Census

                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $259,024,000.

                     periodic censuses and programs

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $7,065,707,000, to remain available until September 30, 2011: 
     Provided, That none of the funds provided in this or any 
     other Act for any fiscal year may be used for the collection 
     of census data on race identification that does not include 
     ``some other race'' as a category: Provided further, That 
     from amounts provided herein, funds may be used for 
     additional promotion, outreach, and marketing activities.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $19,999,000, to remain available until September 30, 
     2011: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended: Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

       For the administration of grants, authorized by section 392 
     of the Communications Act of 1934, $20,000,000, to remain 
     available until expended as authorized by section 391 of the 
     Act: Provided, That not to exceed $2,000,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That, notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year.

               United States Patent and Trademark Office

                         salaries and expenses

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the United 
     States Patent and Trademark Office, $1,930,361,000, to remain 
     available until expended: Provided, That the sum herein 
     appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during 
     fiscal year 2010, so as to result in a fiscal year 2010 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2010, should the total 
     amount of offsetting fee collections be less than 
     $1,930,361,000, this amount shall be reduced accordingly: 
     Provided further, That of the amount received in excess of 
     $1,930,361,000 in fiscal year 2010, in an amount up to 
     $100,000,000 shall remain until expended: Provided further, 
     That from amounts provided herein, not to exceed $1,000 shall 
     be made available in fiscal year 2010 for official reception 
     and representation expenses: Provided further, That of the 
     amounts provided to the USPTO within this account, 
     $25,000,000 shall not become available for obligation until 
     the Director of the USPTO has completed a comprehensive 
     review of the assumptions behind the patent examiner 
     expectancy goals and adopted a revised set of expectancy 
     goals for patent examination: Provided further, That in 
     fiscal year 2010 from the amounts made available for 
     ``Salaries and Expenses'' for the USPTO, the amounts 
     necessary to pay: (1) the difference between the percentage 
     of basic pay contributed by the USPTO and employees under 
     section 8334(a) of title 5, United States Code, and the 
     normal cost percentage (as defined by section 8331(17) of 
     that title) of basic pay, of employees subject to subchapter 
     III of chapter 83 of that title; and (2) the present value of 
     the otherwise unfunded accruing costs, as determined by the 
     Office of Personnel Management, of post-retirement life 
     insurance and post-retirement health benefits coverage for 
     all USPTO employees, shall be transferred to the Civil 
     Service Retirement and Disability Fund, the Employees Life 
     Insurance Fund, and the Employees Health Benefits Fund, as 
     appropriate, and shall be available for the authorized 
     purposes of those accounts: Provided further, That sections 
     801, 802, and 803 of division B, Public Law 108-447 shall 
     remain in effect during fiscal year 2010: Provided further, 
     That the Director may, this year, reduce by regulation fees 
     payable for documents in patent and trademark matters, in 
     connection with the filing of documents filed electronically 
     in a form prescribed by the Director: Provided further, That 
     $2,000,000 shall be transferred to ``Office of Inspector 
     General'' for activities associated with carrying out 
     investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $520,300,000, to remain available 
     until expended, of which not to exceed $9,000,000 may be 
     transferred to the ``Working Capital Fund'': Provided, That 
     not to exceed $5,000 shall be for official reception and 
     representation expenses: Provided further, That within the 
     amounts appropriated, $10,500,000 shall be used for the 
     projects, and in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act.

                     industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $124,700,000, to remain available until 
     expended. In addition, for necessary expenses of the 
     Technology Innovation Program of the National Institute of 
     Standards and Technology, $69,900,000, to remain available 
     until expended.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $163,900,000, to remain 
     available until expended: Provided, That within the amounts 
     appropriated, $47,000,000 shall be used for the projects, and 
     in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act: Provided further, That the Secretary of Commerce shall 
     include in the budget justification materials that the 
     Secretary submits to Congress in support of the Department of 
     Commerce budget (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) an estimate for each National Institute of Standards 
     and Technology construction project having a total multi-year 
     program cost of more than $5,000,000 and simultaneously the 
     budget justification materials shall include an estimate of 
     the budgetary requirements for each such project for each of 
     the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,301,131,000, to remain available until 
     September 30, 2011, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2012: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $3,000,000 
     shall be derived by transfer from the fund entitled ``Coastal 
     Zone Management'' and in addition $104,600,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That of the $3,304,131,000 
     provided for in direct obligations under this heading 
     $3,301,131,000 is appropriated from the general fund, 
     $3,000,000 is provided by transfer: Provided further, That 
     the total amount available for the National Oceanic and 
     Atmospheric Administration corporate services administrative 
     support costs shall not exceed $226,809,000: Provided 
     further, That payments of funds made available under this 
     heading to the Department of Commerce Working Capital Fund 
     including Department of Commerce General Counsel legal 
     services shall not exceed $36,583,000: Provided

[[Page 32484]]

     further, That within the amounts appropriated, $57,725,000 
     shall be used for the projects, and in the amounts, specified 
     in the table entitled ``Congressionally designated projects'' 
     in the report of the Committee on Appropriations of the 
     Senate to accompany this Act: Provided further, That any 
     deviation from the amounts designated for specific activities 
     in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act: Provided further, That in 
     allocating grants under sections 306 and 306A of the Coastal 
     Zone Management Act of 1972, as amended, no coastal State 
     shall receive more than 5 percent or less than 1 percent of 
     increased funds appropriated over the previous fiscal year.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. 55), such sums as may be necessary.

               procurement, acquisition and construction

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,397,685,000, to remain available until September 30, 2012, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, That of the 
     amounts provided for the National Polar-orbiting Operational 
     Environmental Satellite System, funds shall only be made 
     available on a dollar-for-dollar matching basis with funds 
     provided for the same purpose by the Department of Defense: 
     Provided further, That except to the extent expressly 
     prohibited by any other law, the Department of Defense may 
     delegate procurement functions related to the National Polar-
     orbiting Operational Environmental Satellite System to 
     officials of the Department of Commerce pursuant to section 
     2311 of title 10, United States Code: Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act: Provided further, That the 
     Secretary of Commerce is authorized to enter into a lease, at 
     no cost to the United States Government, with the Regents of 
     the University of Alabama for a term of not less than 55 
     years, with two successive options each of 5 years, for land 
     situated on the campus of University of Alabama in Tuscaloosa 
     to house the Cooperative Institute and Research Center for 
     Southeast Weather and Hydrology: Provided further, That 
     within the amounts appropriated, $19,000,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act.

                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $80,000,000, to remain available 
     until September 30, 2011: Provided, That of the funds 
     provided herein the Secretary of Commerce may issue grants to 
     the States of Washington, Oregon, Idaho, Nevada, California, 
     and Alaska, and federally recognized tribes of the Columbia 
     River and Pacific Coast for projects necessary for 
     conservation of salmon and steelhead populations that are 
     listed as threatened or endangered, or identified by a State 
     as at-risk to be so-listed, for maintaining populations 
     necessary for exercise of tribal treaty fishing rights or 
     native subsistence fishing, or for conservation of Pacific 
     coastal salmon and steelhead habitat, based on guidelines to 
     be developed by the Secretary of Commerce: Provided further, 
     That funds disbursed to States shall be subject to a matching 
     requirement of funds or documented in-kind contributions of 
     at least 33 percent of the Federal funds.

                      coastal zone management fund

                     (including transfer of funds)

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $3,000,000 shall be transferred to the ``Operations, 
     Research, and Facilities'' account to offset the costs of 
     implementing such Act.

                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2010, obligations of direct loans 
     may not exceed $16,000,000 for Individual Fishing Quota loans 
     and not to exceed $59,000,000 for traditional direct loans as 
     authorized by the Merchant Marine Act of 1936: Provided, That 
     none of the funds made available under this heading may be 
     used for direct loans for any new fishing vessel that will 
     increase the harvesting capacity in any United States 
     fishery.

                        Departmental Management

                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official reception and representation, 
     $61,000,000: Provided, That the Secretary, within 120 days of 
     enactment of this Act, shall provide a report to the 
     Committee on Appropriations of the Senate that audits and 
     evaluates all decision documents and expenditures by the 
     Bureau of the Census as they relate to the 2010 Census: 
     Provided further, That of the amounts provided to the 
     Secretary within this account, $5,000,000 shall not become 
     available for obligation until the Secretary certifies to the 
     Committee on Appropriations of the Senate that the Bureau of 
     the Census has followed and met all standards and best 
     practices, and all Office of Management and Budget guidelines 
     related to information technology projects and contract 
     management.

        herbert c. hoover building renovation and modernization

       For expenses necessary, including blast windows, for the 
     renovation and modernization of the Herbert C. Hoover 
     Building, $22,500,000, to remain available until expended.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $27,000,000.

               General Provisions--Department of Commerce

                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce: Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105.  The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.
       Sec. 106.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, DC, or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 107.  With the consent of the President, the Secretary 
     of Commerce shall represent the United States Government in 
     negotiating and monitoring international agreements regarding 
     fisheries, marine mammals, or sea turtles: Provided, That the 
     Secretary of Commerce shall be responsible for the 
     development and interdepartmental coordination of the 
     policies of the United States with respect to the 
     international negotiations and agreements referred to in this 
     section.
       Sec. 108.  Section 101(k) of the Emergency Steel Loan 
     Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by 
     striking ``2009'' and inserting ``2011''.

[[Page 32485]]

       Sec. 109.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 110.  The National Marine Fisheries Service is 
     authorized to accept land, buildings, equipment, and other 
     contributions including funding, from public and private 
     sources, which shall be available until expended without 
     further appropriation to conduct work associated with 
     existing authorities.
        This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2010''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $118,488,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended: 
     Provided, That the Attorney General is authorized to transfer 
     funds appropriated within General Administration to any 
     office in this account: Provided further, That $18,693,000 is 
     for Department Leadership; $8,101,000 is for 
     Intergovernmental Relations/External Affairs; $12,715,000 is 
     for Executive Support/Professional Responsibility; and 
     $78,979,000 is for the Justice Management Division: Provided 
     further, That any change in amounts specified in the 
     preceding proviso greater than 5 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations consistent with the terms of section 505 of 
     this Act: Provided further, That this transfer authority is 
     in addition to transfers authorized under section 505 of this 
     Act.

                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $95,000,000, to remain available until expended, 
     of which $21,132,000 is for the unified financial management 
     system.

            tactical law enforcement wireless communications

       For the costs of developing and implementing a nation-wide 
     Integrated Wireless Network supporting Federal law 
     enforcement communications, and for the costs of operations 
     and maintenance of existing Land Mobile Radio legacy systems, 
     $206,143,000, to remain available until expended: Provided, 
     That the Attorney General shall transfer to this account all 
     funds made available to the Department of Justice for the 
     purchase of portable and mobile radios: Provided further, 
     That any transfer made under the preceding proviso shall be 
     subject to section 505 of this Act.

                   Administrative Review and Appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $300,685,000, of which $4,000,000 shall be derived by 
     transfer from the Executive Office for Immigration Review 
     fees deposited in the ``Immigration Examinations Fee'' 
     account.

                           Detention Trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,438,663,000, to remain available until expended: Provided, 
     That the Trustee shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System: Provided 
     further, That not to exceed $5,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to 18 U.S.C. 4013(b).

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $84,368,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character, of which 
     $2,000,000 is designated as being for overseas deployments 
     and other activities pursuant to sections 401(c)(4) and 
     423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,859,000.

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $875,097,000, of which $2,500,000 is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010; and of which not to exceed $10,000,000 for 
     litigation support contracts shall remain available until 
     expended: Provided, That of the total amount appropriated, 
     not to exceed $10,000 shall be available to the United States 
     National Central Bureau, INTERPOL, for official reception and 
     representation expenses: Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section: Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to reimburse the Office of Personnel 
     Management for salaries and expenses associated with the 
     election monitoring program under section 8 of the Voting 
     Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That 
     of the amounts provided under this heading for the election 
     monitoring program $3,390,000 shall remain available until 
     expended.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $7,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $163,170,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $102,000,000 in fiscal year 2010), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2010, so as to result in a 
     final fiscal year 2010 appropriation from the general fund 
     estimated at $61,170,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,926,003,000: Provided, That of the total 
     amount appropriated, not to exceed $8,000 shall be available 
     for official reception and representation expenses: Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended: Provided further, That of the 
     amount provided under this heading, not less than $36,980,000 
     shall be used for salaries and expenses for assistant U.S. 
     Attorneys to carry out section 704 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $224,488,000, to remain available 
     until expended and to be derived from the United States 
     Trustee System Fund: Provided, That notwithstanding any other 
     provision of law, deposits to the Fund shall be available in 
     such amounts as may be necessary to pay refunds due 
     depositors: Provided further, That, notwithstanding any other 
     provision of law, $210,000,000 of offsetting collections 
     pursuant to 28 U.S.C. 589a(b) shall be retained and used for 
     necessary expenses in this appropriation and shall remain 
     available until expended: Provided further, That the sum 
     herein appropriated from the Fund shall be reduced as such 
     offsetting collections are received during fiscal year 2010, 
     so as to result in a final fiscal year 2010 appropriation 
     from the Fund estimated at $9,488,000.

      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $2,117,000.

                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $168,300,000, to remain 
     available until expended: Provided, That not to exceed 
     $10,000,000 may be made available for construction of 
     buildings for protected witness safesites: Provided further, 
     That not to exceed $3,000,000 may be made available for the 
     purchase and maintenance of armored and other vehicles for 
     witness security caravans: Provided further, That not to 
     exceed $11,000,000 may be made available for the purchase, 
     installation, maintenance, and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.

           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     $11,479,000: Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the preceding proviso shall be treated as a 
     reprogramming under section 505 of this Act and

[[Page 32486]]

     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
     (G), $20,990,000, to be derived from the Department of 
     Justice Assets Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $1,125,763,000; of which not to exceed $30,000 shall 
     be available for official reception and representation 
     expenses; of which not to exceed $4,000,000 shall remain 
     available until expended for information technology systems.

                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $26,625,000, to remain available until 
     expended; and of which not less than $12,625,000 shall be 
     available for the costs of courthouse security equipment, 
     including furnishings, relocations, and telephone systems and 
     cabling.

                       National Security Division

                         salaries and expenses

       For expenses necessary to carry out the activities of the 
     National Security Division, $87,938,000; of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended: Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances: Provided further, 
     That any transfer pursuant to the preceding proviso shall be 
     treated as a reprogramming under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking and affiliated money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $515,000,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States; $7,668,622,000, of which 
     $101,066,000 is designated as being for overseas deployments 
     and other activities pursuant to sections 401(c)(4) and 
     423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010; and of which 
     not to exceed $150,000,000 shall remain available until 
     expended: Provided, That not to exceed $205,000 shall be 
     available for official reception and representation expenses: 
     Provided further, That notwithstanding section 205 of this 
     Act, the Director of the Federal Bureau of Investigation, 
     upon a determination that additional funding is necessary to 
     carry out construction of the Biometrics Technology Center, 
     may transfer from amounts available for ``Salaries and 
     Expenses'' to amounts available for ``Construction'' up to 
     $30,000,000 in fees collected to defray expenses for the 
     automation of fingerprint identification and criminal justice 
     information services and associated costs: Provided further, 
     That any transfer made pursuant to the previous proviso shall 
     be subject to section 505 of this Act.

                              construction

       For all necessary expenses, to include the cost of 
     equipment, furniture, and information technology 
     requirements, related to construction or acquisition of 
     buildings, facilities and sites by purchase, or as otherwise 
     authorized by law; conversion, modification and extension of 
     federally owned buildings; and preliminary planning and 
     design of projects; $244,915,000, to remain available until 
     expended.

                    Drug Enforcement Administration

                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to 28 U.S.C. 530C; and expenses for conducting drug education 
     and training programs, including travel and related expenses 
     for participants in such programs and the distribution of 
     items of token value that promote the goals of such programs, 
     $2,014,682,000; of which $10,000,000 is designated as being 
     for overseas deployments and other activities pursuant to 
     sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010; and of which not to exceed $75,000,000 shall 
     remain available until expended; and of which not to exceed 
     $100,000 shall be available for official reception and 
     representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, not to exceed $40,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $1,114,772,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by section 924(d)(2) of title 18, 
     United States Code; and of which $10,000,000 shall remain 
     available until expended: Provided, That no funds 
     appropriated herein shall be available for salaries or 
     administrative expenses in connection with consolidating or 
     centralizing, within the Department of Justice, the records, 
     or any portion thereof, of acquisition and disposition of 
     firearms maintained by Federal firearms licensees: Provided 
     further, That no funds appropriated herein shall be used to 
     pay administrative expenses or the compensation of any 
     officer or employee of the United States to implement an 
     amendment or amendments to 27 CFR 478.118 or to change the 
     definition of ``Curios or relics'' in 27 CFR 478.11 or remove 
     any item from ATF Publication 5300.11 as it existed on 
     January 1, 1994: Provided further, That none of the funds 
     appropriated herein shall be available to investigate or act 
     upon applications for relief from Federal firearms 
     disabilities under 18 U.S.C. 925(c): Provided further, That 
     such funds shall be available to investigate and act upon 
     applications filed by corporations for relief from Federal 
     firearms disabilities under section 925(c) of title 18, 
     United States Code: Provided further, That no funds made 
     available by this or any other Act may be used to transfer 
     the functions, missions, or activities of the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives to other agencies 
     or Departments in fiscal year 2010: Provided further, That, 
     beginning in fiscal year 2010 and thereafter, no funds 
     appropriated under this or any other Act may be used to 
     disclose part or all of the contents of the Firearms Trace 
     System database maintained by the National Trace Center of 
     the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
     any information required to be kept by licensees pursuant to 
     section 923(g) of title 18, United States Code, or required 
     to be reported pursuant to paragraphs (3) and (7) of such 
     section 923(g), except to: (1) a Federal, State, local, 
     tribal, or foreign law enforcement agency, or a Federal, 
     State, or local prosecutor; or (2) a foreign law enforcement 
     agency solely in connection with or for use in a criminal 
     investigation or prosecution; or solely in connection with 
     and for use in a criminal investigation or prosecution; or 
     (3) a Federal agency for a national security or intelligence 
     purpose; unless such disclosure of such date to any of the 
     entities described in (1), (2) or (3) of this proviso would 
     compromise the identity of any undercover law enforcement 
     officer or confidential informant, or interfere with any case 
     under investigation; and no person or entity described in 
     (1), (2) or (3) shall knowingly or publicly disclose such 
     data; and all such data shall be immune from legal process, 
     shall not be subject to subpoena or other discovery, shall be 
     inadmissible in evidence, and shall not be used, relied on, 
     or disclosed in any manner, nor shall testimony or other 
     evidence be permitted based on the data, in a civil action in 
     any State (including the District of Columbia) or Federal 
     court or in an administrative proceeding other than a 
     proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to enforce the provisions of chapter 
     44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent: (A) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(a)(10) of such title); (B) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials; or (C) the publication of annual 
     statistical reports on products regulated by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, including total 
     production, importation, and exportation by each licensed 
     importer (as so defined) and licensed manufacturer (as so 
     defined), or statistical aggregate data regarding firearms 
     traffickers and trafficking channels, or firearms misuse, 
     felons, and trafficking investigations: Provided further, 
     That no funds made available by this or any other Act shall 
     be expended to promulgate or implement any rule requiring a 
     physical inventory of any business licensed under section 923 
     of title 18, United States Code: Provided further, That no 
     funds under this Act may be used to electronically retrieve 
     information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
     or any personal identification code: Provided further, That 
     no funds authorized or made available under this or any other 
     Act may be used to deny any application for a license under 
     section 923 of title 18, United States Code, or renewal of 
     such a license due to a lack of business activity, provided 
     that the applicant is otherwise eligible

[[Page 32487]]

     to receive such a license, and is eligible to report business 
     income or to claim an income tax deduction for business 
     expenses under the Internal Revenue Code of 1986.

                              construction

       For necessary expenses to construct or acquire buildings 
     and sites to purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally owned buildings; and preliminary 
     planning and design of projects; $6,000,000, to remain until 
     expended.

                         Federal Prison System

                         salaries and expenses

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 831, of which 743 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $5,979,831,000, of 
     which $10,500,000 is designated as being for overseas 
     deployments and other activities pursuant to sections 
     401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), 
     the concurrent resolution on the budget for fiscal year 2010: 
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions: Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2011: Provided 
     further, That, of the amounts provided for contract 
     confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 
     security in the United States of Cuban and Haitian entrants: 
     Provided further, That the Director of the Federal Prison 
     System may accept donated property and services relating to 
     the operation of the prison card program from a not-for-
     profit entity which has operated such program in the past 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.

                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $99,155,000, to remain available until expended, of 
     which not less than $73,769,000 shall be available only for 
     modernization, maintenance and repair, and of which not to 
     exceed $14,000,000 shall be available to construct areas for 
     inmate work programs: Provided, That labor of United States 
     prisoners may be used for work performed under this 
     appropriation.

                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
     Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
     Act''); the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386) (``the 2000 Act''); and the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162) (``the 2005 Act''); and for related 
     victims services, $435,000,000, to remain available until 
     expended: Provided, That except as otherwise provided by law, 
     not to exceed 3 percent of funds made available under this 
     heading may be used for expenses related to evaluation, 
     training, and technical assistance: Provided further, That of 
     the amount provided (which shall be by transfer, for programs 
     administered by the Office of Justice Programs)--
       (1) $15,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (2) $2,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (3) $200,000,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which--
       (A) $18,000,000 shall be for transitional housing 
     assistance grants for victims of domestic violence, stalking 
     or sexual assault as authorized by section 40299 of the 1994 
     Act; and
       (B) $2,000,000 shall be for the National Institute of 
     Justice for research and evaluation of violence against women 
     and related issues addressed by grant programs of the Office 
     on Violence Against Women;
       (4) $60,000,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act;
       (5) $15,000,000 for sexual assault victims assistance, as 
     authorized by section 41601 of the 1994 Act;
       (6) $41,000,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 40295 
     of the 1994 Act;
       (7) $3,000,000 for training programs as authorized by 
     section 40152 of the 1994 Act, and for related local 
     demonstration projects;
       (8) $3,000,000 for grants to improve the stalking and 
     domestic violence databases, as authorized by section 40602 
     of the 1994 Act;
       (9) $9,500,000 for grants to reduce violent crimes against 
     women on campus, as authorized by section 304 of the 2005 
     Act;
       (10) $45,000,000 for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (11) $4,250,000 for enhanced training and services to end 
     violence against and abuse of women in later life, as 
     authorized by section 40802 of the 1994 Act;
       (12) $14,000,000 for the safe havens for children program, 
     as authorized by section 1301 of the 2000 Act;
       (13) $6,750,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of the 2000 Act;
       (14) $3,000,000 for an engaging men and youth in prevention 
     program, as authorized by section 41305 of the 1994 Act;
       (15) $1,000,000 for analysis and research on violence 
     against Indian women, as authorized by section 904 of the 
     2005 Act;
       (16) $1,000,000 for tracking of violence against Indian 
     women, as authorized by section 905 of the 2005 Act;
       (17) $3,500,000 for services to advocate and respond to 
     youth, as authorized by section 41201 of the 1994 Act;
       (18) $3,000,000 for grants to assist children and youth 
     exposed to violence, as authorized by section 41303 of the 
     1994 Act;
       (19) $3,000,000 for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act;
       (20) $500,000 for the National Resource Center on Workplace 
     Responses to assist victims of domestic violence, as 
     authorized by section 41501 of the 1994 Act; and
       (21) $1,000,000 for grants for televised testimony, as 
     authorized by part N of title I of the 1968 Act.

                       Office of Justice Programs

                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968; the Missing Children's 
     Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 
     Remedies and Other Tools to end the Exploitation of Children 
     Today Act of 2003 (Public Law 108-21); the Justice for All 
     Act of 2004 (Public Law 108-405); the Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 (Public 
     Law 109-162); the Second Chance Act of 2007 (Public Law 110-
     199); the Victims of Child Abuse Act of 1990 (Public Law 101-
     647); the Victims of Crime Act of 1984 (Public Law 98-473); 
     the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248); the PROTECT Our Children Act of 2008 
     (Public Law 110-401); subtitle D of title II of the Homeland 
     Security Act of 2002 (Public Law 107-296), which may include 
     research and development; and other programs (including the 
     Statewide Automated Victim Notification Program); 
     $215,000,000, to remain available until expended, of which:
       (1) $40,000,000 is for criminal justice statistics 
     programs, pursuant to part C of the 1968 Act, of which 
     $35,000,000 is for the National Crime Victimization Survey;

[[Page 32488]]

       (2) $48,000,000 is for research, development, and 
     evaluation programs;
       (3) $12,000,000 is for the Statewide Victim Notification 
     System of the Bureau of Justice Assistance;
       (4) $45,000,000 is for the Regional Information System 
     Sharing System, as authorized by part M of title I of the 
     1968 Act; and
       (5) $70,000,000 is for the Missing Children's Program.

               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248); the Second Chance Act of 2007 (Public Law 110-
     199); and the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386); and other programs; 
     $1,159,000,000, to remain available until expended as 
     follows:
       (1) $510,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act, (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     the 1968 Act, shall not apply for purposes of this Act), of 
     which $5,000,000 is for use by the National Institute of 
     Justice in assisting units of local government to identify, 
     select, develop, modernize, and purchase new technologies for 
     use by law enforcement, $2,000,000 is for a program to 
     improve State and local law enforcement intelligence 
     capabilities including anti-terrorism training and training 
     to ensure that constitutional rights, civil liberties, civil 
     rights, and privacy interests are protected throughout the 
     intelligence process, $10,000,000 is to support the 
     Nationwide Pegasus Program in coordination with the National 
     Sheriff's Association, for rural and non-urban law 
     enforcement databases and connectivity to enhance information 
     sharing technology capacity, and $10,000,000 is for 
     implementation of a student loan repayment assistance program 
     pursuant to section 952 of Public Law 110-315;
       (2) $178,500,000 for discretionary grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation): Provided, That within the amounts 
     appropriated, $178,500,000 shall be used for the projects, 
     and in the amounts specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act;
       (3) $40,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation) of which $8,000,000 shall be 
     available for the SMART Office activities and $2,000,0000 
     shall be available for grants to States and local law 
     enforcement agencies as authorized by section 5 of Public Law 
     110-344;
       (4) $2,000,000 for the purposes described in the Missing 
     Alzheimer's Disease Patient Alert Program (section 240001 of 
     the 1994 Act);
       (5) $15,000,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386 and for programs authorized under Public Law 109-164;
       (6) $40,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (7) $5,000,000 for prison rape prevention and prosecution 
     and other programs, as authorized by the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79);
       (8) $20,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (9) $50,000,000 for offender re-entry programs, as 
     authorized by the Second Chance Act of 2007 (Public Law 110-
     199), of which $25,000,000 is for grants for adult and 
     juvenile offender State, tribal and local reentry 
     demonstration projects, $15,000,000 is for grants for 
     mentoring and transitional services and $5,000,000 is for 
     family-based substance abuse treatment;
       (10) $5,500,000 for the Capital Litigation Improvement 
     Grant Program, as authorized by section 426 of Public Law 
     108-405;
       (11) $10,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (12) $30,000,000 for assistance to Indian tribes, of 
     which--
       (A) $10,000,000 shall be available for grants under section 
     20109 of subtitle A of title II of the 1994 Act;
       (B) $10,000,000 shall be available for the Tribal Courts 
     Initiative;
       (C) $7,000,000 shall be available for tribal alcohol and 
     substance abuse reduction assistance grants; and
       (D) $3,000,000 shall be available for training and 
     technical assistance and civil and criminal legal assistance 
     as authorized by title I of Public Law 106-559;
       (13) $228,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)); and
       (14) $25,000,000 for the Border Prosecutor Initiative to 
     reimburse State, county, parish, tribal, or municipal 
     governments for costs associated with the prosecution of 
     criminal cases declined by local offices of the United States 
     Attorneys: Provided, That no less than $20,000,000 shall be 
     for prosecution efforts on the Southern border: Provided 
     further, That no less than $5,000,000 shall be for 
     prosecution efforts on the Northern border:

     Provided, That, if a unit of local government uses any of the 
     funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform nonadministrative public 
     safety service.

                       weed and seed program fund

       For necessary expenses, including salaries and related 
     expenses of the Office of Weed and Seed Strategies, 
     $20,000,000, to remain available until expended, as 
     authorized by section 103 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968.

                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''), the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), the Missing 
     Children's Assistance Act (42 U.S.C. 5771 et seq.); the 
     Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Victims of Child Abuse Act of 1990 (Public Law 101-
     647); the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248); the PROTECT Our Children Act of 2008 
     (Public Law 110-401), and other juvenile justice programs, 
     $407,000,000, to remain available until expended as follows:
       (1) $75,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, non-profit organizations with the Federal 
     grants process: Provided, That no less than $5,000,000 shall 
     be for the Safe Start Program, as authorized by the 1974 Act;
       (2) $82,000,000 for grants and projects, as authorized by 
     sections 261 and 262 of the 1974 Act: Provided, That within 
     the amounts appropriated, $82,000,000 shall be used for the 
     projects, and in the amounts, specified in the table entitled 
     ``Congressionally designated projects'' in the report of the 
     Committee on Appropriations of the Senate to accompany this 
     Act;
       (3) $100,000,000 for youth mentoring grants;
       (4) $65,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $25,000,000 shall be for the Tribal Youth Program;
       (B) $10,000,000 shall be for a gang education initiative; 
     and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $4,840,000 shall be available for discretionary 
     grants, for programs and activities to enforce State laws 
     prohibiting the sale of alcoholic beverages to minors or the 
     purchase or consumption of alcoholic beverages by minors, for 
     prevention and reduction of consumption of alcoholic 
     beverages by minors, and for technical assistance and 
     training;
       (5) $25,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (6) $60,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of title I of the 1968 
     Act and Guam shall be considered a State:

     Provided, That not more than 10 percent of each amount may be 
     used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized: 
     Provided further, That not more than 2 percent of each amount 
     may be used for training and technical assistance: Provided 
     further, That the previous two provisos shall not apply to 
     grants and projects authorized by sections 261 and 262 of the 
     1974 Act.

                     public safety officer benefits

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796), such sums as are 
     necessary (including amounts for administrative costs, which 
     amounts shall be paid to the ``Salaries and Expenses'' 
     account); and $5,000,000 for payments authorized by section 
     1201(b) of such Act; and $4,100,000 for educational 
     assistance, as authorized by section 1218 of such Act, to 
     remain available until expended.

                  Community Oriented Policing Services

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162); subtitle D 
     of title II of the Homeland Security Act of 2002 (Public Law 
     107-296), which may include research and development; and the 
     USA PATRIOT Improvement and Reauthorization Act of 2005 
     (Public Law 109-177); the NICS Improvement Amendments Act of 
     2007 (Public Law 110-180); the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248) (the ``Adam Walsh 
     Act''); and the Justice for All Act of 2004 (Public Law 108-
     405), $658,500,000, to remain available until expended: 
     Provided, That

[[Page 32489]]

     any balances made available through prior year deobligations 
     shall only be available in accordance with section 505 of 
     this Act. Of the amount provided (which shall be by transfer, 
     for programs administered by the Office of Justice 
     Programs)--
       (1) $30,000,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act: Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards from the 
     Community Oriented Policing Services Office for research, 
     testing, and evaluation programs;
       (2) $39,500,000 for grants to entities described in section 
     1701 of title I of the 1968 Act, to address public safety and 
     methamphetamine manufacturing, sale, and use in hot spots as 
     authorized by section 754 of Public Law 109-177, and for 
     other anti-methamphetamine-related activities: Provided, That 
     within the amounts appropriated, $34,500,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act;
       (3) $187,000,000 for a law enforcement technologies and 
     interoperable communications program, and related law 
     enforcement and public safety equipment: Provided, That 
     within the amounts appropriated, $187,000,000 shall be used 
     for the projects, and in the amounts, specified in the table 
     entitled ``Congressionally designated projects'' in the 
     report of the Committee on Appropriations of the Senate to 
     accompany this Act;
       (4) $10,000,000 for grants to assist States and tribal 
     governments as authorized by the NICS Improvements Amendments 
     Act of 2007 (Public Law 110-180);
       (5) $10,000,000 for grants to upgrade criminal records, as 
     authorized under the Crime Identification Technology Act of 
     1998 (42 U.S.C. 14601);
       (6) $166,000,000 for DNA related and forensic programs and 
     activities as follows:
       (A) $151,000,000 for a DNA analysis and capacity 
     enhancement program and for other local, State, and Federal 
     forensic activities including the purposes of section 2 of 
     the DNA Analysis Backlog Elimination Act of 2000 (the Debbie 
     Smith DNA Backlog Grant Program);
       (B) $5,000,000 for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412);
       (C) $5,000,000 for Sexual Assault Forensic Exam Program 
     Grants as authorized by Public Law 108-405, section 304; and
       (D) $5,000,000 for DNA Training and Education for Law 
     Enforcement, Correctional Personnel, and Court Officers as 
     authorized by Public Law 108-405, section 303;
       (7) $20,000,000 for improving tribal law enforcement, 
     including equipment and training;
       (8) $15,000,000 for programs to reduce gun crime and gang 
     violence;
       (9) $10,000,000 for training and technical assistance;
       (10) $20,000,000 for a national grant program the purpose 
     of which is to assist State and local law enforcement to 
     locate, arrest and prosecute child sexual predators and 
     exploiters, and to enforce sex offender registration laws 
     described in section 1701(b) of the 1968 Act, of which:
       (A) $5,000,000 for sex offender management assistance as 
     authorized by the Adam Walsh Act and the Violent Crime 
     Control Act of 1994 (Public Law 103-322); and
       (B) $1,000,000 for the National Sex Offender Public 
     Registry;
       (11) $16,000,000 for expenses authorized by part AA of the 
     1968 Act (Secure our Schools);
       (12) $35,000,000 for Paul Coverdell Forensic Science 
     Improvement Grants under part BB of title I of the 1968 Act; 
     and
       (13) $100,000,000 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 subsections (g) and (i) 
     of such section and notwithstanding 42 U.S.C. 3796dd-3(c).

                         Salaries and Expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office on Violence Against Women, the Office of Justice 
     Programs and the Community Oriented Policing Services Office, 
     $179,000,000, of which not to exceed $15,708,000 shall be 
     available for the Office on Violence Against Women; not to 
     exceed $125,830,000 shall be available for the Office of 
     Justice Programs; not to exceed $37,462,000 shall be 
     available for the Community Oriented Policing Services 
     Office: Provided, That, notwithstanding section 109 of title 
     I of Public Law 90-351, an additional amount, not to exceed 
     $21,000,000 shall be available for authorized activities of 
     the Office of Audit, Assessment, and Management: Provided 
     further, That the total amount available for management and 
     administration of such programs shall not exceed 
     $200,000,000.

               General Provisions--Department of Justice

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $75,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2011, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 207.  Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives that is necessary for the detection 
     and prosecution of crimes against the United States.
       Sec. 208.  None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210.  None of the funds made available under this 
     title shall be obligated or expended for Sentinel, or for any 
     other major new or enhanced information technology program 
     having total estimated development costs in excess of 
     $100,000,000, unless the Deputy Attorney General and the 
     investment review board certify to the Committees on 
     Appropriations that the information technology program has 
     appropriate program management and contractor oversight 
     mechanisms in place, and that the program is compatible with 
     the enterprise architecture of the Department of Justice.
       Sec. 211.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       Sec. 212.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 213.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of 28 U.S.C. 545.
       Sec. 214.  None of the funds appropriated in this or any 
     other Act shall be obligated for the initiation of a future 
     phase of the Federal Bureau of Investigation's Sentinel 
     program until the Attorney General certifies to the 
     Committees on Appropriations that existing phases currently 
     under contract for development or fielding have completed a 
     majority of the work for that phase under the performance 
     measurement baseline validated by the integrated baseline 
     review conducted in 2008: Provided, That this restriction 
     does not apply to planning and design activities for future 
     phases: Provided further, That the Bureau will notify the 
     Committees on Appropriations of any significant changes to 
     the baseline.
       Sec. 215.  In addition to any amounts that otherwise may be 
     available (or authorized to be made available) by law, with 
     respect to funds appropriated by this Act under the headings

[[Page 32490]]

     ``Justice Assistance'', ``State and Local Law Enforcement 
     Assistance'', ``Weed and Seed'', ``Juvenile Justice 
     Programs'', and ``Community Oriented Policing Services''--
       (1) Up to 3 percent of funds made available to the Office 
     of Justice Programs for grants or reimbursement may be used 
     to provide training and technical assistance; and
       (2) Up to 1 percent of funds made available to such Office 
     for formula grants under such headings may be used for 
     research or statistical purposes by the National Institute of 
     Justice or the Bureau of Justice Statistics, pursuant to, 
     respectively, sections 201 and 202, and sections 301 and 302 
     of title I of Public Law 90-351.
       Sec. 216.  Section 5759(e) of title 5, United States Code, 
     is amended by striking subsection (e).
       Sec. 217. (a) The Attorney General shall submit quarterly 
     reports to the Inspector General of the Department of Justice 
     regarding the costs and contracting procedures relating to 
     each conference held by the Department of Justice during 
     fiscal year 2010 for which the cost to the Government was 
     more than $20,000.
       (b) Each report submitted under subsection (a) shall 
     include, for each conference described in that subsection 
     held during the applicable quarter--
       (1) a description of the subject of and number of 
     participants attending that conference;
       (2) a detailed statement of the costs to the Government 
     relating to that conference, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services; and
       (C) a discussion of the methodology used to determine which 
     costs relate to that conference; and
       (3) a description of the contracting procedures relating to 
     that conference, including--
       (A) whether contracts were awarded on a competitive basis 
     for that conference; and
       (B) a discussion of any cost comparison conducted by the 
     Department of Justice in evaluating potential contractors for 
     that conference.
       Sec. 218. (a) Subchapter IV of chapter 57 of title 5, 
     United States Code, is amended by adding at the end of the 
     following:

     ``Sec. 5761. Foreign language proficiency pay awards for the 
       Federal Bureau of Investigation

       ``The Director of the Federal Bureau of Investigation may, 
     under regulations prescribed by the Director, pay a cash 
     award of up to 10 percent of basic pay to any Bureau employee 
     who maintains proficiency in a language or languages critical 
     to the mission or who uses one or more foreign languages in 
     the performance of official duties.''.
       (b) The analysis for chapter 57 of title 5, United States 
     Code, is amended by adding at the end the following:

``5761. Foreign language proficiency pay awards for the Federal Bureau 
              of Investigation.''

       Sec. 219.  The Attorney General is authorized to waive the 
     application of 42 U.S.C. 3755(d)(2)(A) with respect to grants 
     made to units of local government pursuant to 42 U.S.C. 
     3755(d)(1), if such units of local government were eligible 
     to receive such grants under the transitional rule in 42 
     U.S.C. 3755(d)(2)(B).
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2010''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $6,154,000.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $4,517,000,000, to remain available until September 30, 2011.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $507,000,000, to remain available until September 30, 2011.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management, personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $3,940,400,000, to remain available until September 30, 2011.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $6,161,600,000, to 
     remain available until September 30, 2011.

                               education

       For necessary expenses, not otherwise provided for, in 
     carrying out aerospace and aeronautical education research 
     and development activities, including research, development, 
     operations, support, and services; program management; 
     personnel and related costs, uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $140,100,000, to remain available 
     until September 30, 2011.

                          cross agency support

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, exploration, 
     space operations and education research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; not to exceed $70,000 for official reception and 
     representation expenses; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $3,383,500,000, to remain available until September 
     30, 2011: Provided, That within the amounts appropriated 
     $47,000,000 shall be used for the projects, and in the 
     amounts, specified in the table entitled ``Congressionally 
     designated projects'' in the report of the Committee on 
     Appropriations of the Senate to accompany this Act.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $36,400,000, to remain available until September 30, 2011.

                       administrative provisions

       Notwithstanding the limitation on the duration of 
     availability of funds appropriated to the National 
     Aeronautics and Space Administration for any account in this 
     Act, except for ``Office of Inspector General'', when any 
     activity has been initiated by the incurrence of obligations 
     for environmental compliance and restoration activities as 
     authorized by law, such amount available for such activity 
     shall remain available until expended.
       Notwithstanding the limitation on the availability of funds 
     appropriated to the National Aeronautics and Space 
     Administration for any account in this Act, except for 
     ``Office of Inspector General'', the amounts appropriated for 
     construction of facilities shall remain available until 
     September 30, 2014.

[[Page 32491]]

       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Any transfer pursuant 
     to this provision shall be treated as a reprogramming of 
     funds under section 505 of this Act and shall not be 
     available for obligation except in compliance with the 
     procedures set forth in that section.
       Notwithstanding any other provision of law, no funds shall 
     be used to implement any Reduction in Force or other 
     involuntary separations (except for cause) by the National 
     Aeronautics and Space Administration prior to September 30, 
     2010.
       The unexpired balances of the Science, Aeronautics, and 
     Exploration account, for activities for which funds are 
     provided under this Act, may be transferred to the new 
     accounts established in this Act that provide such activity. 
     Balances so transferred shall be merged with the funds in the 
     newly established accounts, but shall be available under the 
     same terms, conditions and period of time as previously 
     appropriated.
       Funding designations and minimum funding requirements 
     contained in any other Act shall not be applicable to funds 
     appropriated by this title for the National Aeronautics and 
     Space Administration.

                      National Science Foundation

                    research and related activities

                     (including transfer of funds)

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $5,618,000,000, to remain available until 
     September 30, 2011, of which not to exceed $570,000,000 shall 
     remain available until expended for polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program: Provided, That from funds specified in the fiscal 
     year 2010 budget request for icebreaking services, 
     $54,000,000 shall be transferred to the U.S. Coast Guard 
     ``Operating Expenses'': Provided further, That receipts for 
     scientific support services and materials furnished by the 
     National Research Centers and other National Science 
     Foundation supported research facilities may be credited to 
     this appropriation: Provided further, That not less than 
     $147,800,000 shall be available for activities authorized by 
     section 7002(c)(2)(A)(iv) of Public Law 110-69.

          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), including authorized travel, $122,290,000, 
     to remain available until expended.

                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $857,760,000, 
     to remain available until September 30, 2011: Provided, That 
     not less than $55,000,000 shall be available until expended 
     for activities authorized by section 7030 of Public Law 110-
     69.

                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1861-1875); services authorized by 5 
     U.S.C. 3109; hire of passenger motor vehicles; not to exceed 
     $9,000 for official reception and representation expenses; 
     uniforms or allowances therefor, as authorized by 5 U.S.C. 
     5901-5902; rental of conference rooms in the District of 
     Columbia; and reimbursement of the Department of Homeland 
     Security for security guard services; $300,370,000: Provided, 
     That contracts may be entered into under this heading in 
     fiscal year 2010 for maintenance and operation of facilities, 
     and for other services, to be provided during the next fiscal 
     year.

                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 
     1880 et seq.), $4,340,000: Provided, That not to exceed 
     $2,500 shall be available for official reception and 
     representation expenses.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $14,000,000.
       This title may be cited as the ``Science Appropriations 
     Act, 2010''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $9,400,000: 
     Provided, That none of the funds appropriated in this 
     paragraph shall be used to employ in excess of four full-time 
     individuals under Schedule C of the Excepted Service 
     exclusive of one special assistant for each Commissioner: 
     Provided further, That none of the funds appropriated in this 
     paragraph shall be used to reimburse Commissioners for more 
     than 75 billable days, with the exception of the chairperson, 
     who is permitted 125 billable days.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, the Civil Rights Act of 1991, the Genetic 
     Information Non-Discrimination Act (GINA) of 2008 (Public Law 
     110-23); the ADA Amendments Act of 2008 (Public Law 110-325), 
     and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-
     2), including services as authorized by 5 U.S.C. 3109; hire 
     of passenger motor vehicles as authorized by 31 U.S.C. 
     1343(b); nonmonetary awards to private citizens; and not to 
     exceed $30,000,000 for payments to State and local 
     enforcement agencies for authorized services to the 
     Commission, $367,303,000: Provided, That the Commission is 
     authorized to make available for official reception and 
     representation expenses not to exceed $2,500 from available 
     funds: Provided further, That the Commission may take no 
     action to implement any workforce repositioning, 
     restructuring, or reorganization until such time as the House 
     and Senate Committees on Appropriations have been notified of 
     such proposals, in accordance with the reprogramming 
     requirements of section 505 of this Act: Provided further, 
     That the Chair is authorized to accept and use any gift or 
     donation to carry out the work of the Commission.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $82,700,000, to remain available until expended.

                       Legal Services Corporation

               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $400,000,000, of which $374,600,000 is for basic field 
     programs and required independent audits; $4,000,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $17,000,000 is for management and grants 
     oversight; $3,400,000 is for client self-help and information 
     technology; and $1,000,000 is for loan repayment assistance: 
     Provided, That the Legal Services Corporation may continue to 
     provide locality pay to officers and employees at a rate no 
     greater than that provided by the Federal Government to 
     Washington, DC-based employees as authorized by 5 U.S.C. 
     5304, notwithstanding section 1005(d) of the Legal Services 
     Corporation Act, 42 U.S.C. 2996(d).

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2009 and 2010, respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, $3,250,000.

            Office of the United States Trade Representative

                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $48,326,000, of which $1,000,000 
     shall remain available until expended: Provided, That not to 
     exceed $124,000 shall be available for official reception and 
     representation expenses: Provided further, That negotiations 
     shall be conducted within the World Trade Organization to 
     recognize the right of members to distribute monies collected 
     from antidumping and countervailing duties: Provided further, 
     That negotiations shall be conducted within the World Trade 
     Organization consistent with the negotiating objectives 
     contained in the Trade Act of 2002, Public Law 107-210 to 
     maintain strong U.S. remedies laws, correct the problem of

[[Page 32492]]

     overreaching by World Trade Organization Panels and Appellate 
     Body, and prevent the creation of obligation never negotiated 
     or expressly agreed to by the United States.

                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et. seq.) $5,000,000, of which 
     $500,000 shall remain available until September 30, 2011: 
     Provided, That not to exceed $3,000 shall be available for 
     official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504.  If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds that:
       (1) creates or initiates a new program, project or 
     activity;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees, unless the House 
     and Senate Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2010, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through the 
     reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 days in 
     advance of such reprogramming of funds.
       Sec. 506.  Hereafter, none of the funds made available in 
     this or any other Act may be used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion, when it is 
     made known to the Federal entity or official to which such 
     funds are made available that such guidelines do not differ 
     in any respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507.  If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508.  The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the House and Senate 
     Committees on Appropriations a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 509.  Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency: 
     Provided, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out this 
     section is provided in addition to authorities included 
     elsewhere in this Act: Provided further, That use of funds to 
     carry out this section shall be treated as a reprogramming of 
     funds under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       Sec. 510.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511.  None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512.  None of the funds made available in this Act may 
     be used to pay the salaries and expenses of personnel of the 
     Department of Justice to obligate more than $705,000,000 
     during fiscal year 2010 from the fund established by section 
     1402 of chapter XIV of title II of Public Law 98-473 (42 
     U.S.C. 10601): Provided, That hereafter the availability of 
     funds under section 1402(d)(3) to improve services shall be 
     understood to mean availability for pay or salary, including 
     benefits for the same.
       Sec. 513.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515.  Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and

[[Page 32493]]

     shall submit reports to Congress on the progress of such 
     audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518.  None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 519.  None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 520. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 521.  Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 522.  None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 523.  None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; USA PATRIOT Act; and the 
     laws amended by these Acts.
       Sec. 524.  If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent, the program manager shall immediately inform the 
     Secretary, Administrator, or Director. The Secretary, 
     Administrator, or Director shall notify the House and Senate 
     Committees on Appropriations within 30 days in writing of 
     such increase, and shall include in such notice: the date on 
     which such determination was made; a statement of the reasons 
     for such increases; the action taken and proposed to be taken 
     to control future cost growth of the project; changes made in 
     the performance or schedule milestones and the degree to 
     which such changes have contributed to the increase in total 
     program costs or procurement costs; new estimates of the 
     total project or procurement costs; and a statement 
     validating that the project's management structure is 
     adequate to control total project or procurement costs.
       Sec. 525.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence or intelligence related activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2010 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2010.
       Sec. 526.  The Departments, agencies, and commissions 
     funded under this Act, shall establish and maintain on the 
     homepages of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 527.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 528.  None of the funds appropriated or otherwise made 
     available in this Act may be used in a manner that is 
     inconsistent with the principal negotiating objective of the 
     United States with respect to trade remedy laws to preserve 
     the ability of the United States--
       (1) to enforce vigorously its trade laws, including 
     antidumping, countervailing duty, and safeguard laws;
       (2) to avoid agreements that--
       (A) lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies; or
       (B) lessen the effectiveness of domestic and international 
     safeguard provisions, in order to ensure that United States 
     workers, agricultural producers, and firms can compete fully 
     on fair terms and enjoy the benefits of reciprocal trade 
     concessions; and
       (3) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.
       Sec. 529.  None of the funds made available in this Act may 
     be used to purchase first class or premium airline travel in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41 of the Code of Federal Regulations.
       Sec. 530.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees from a Federal department or agency at any

[[Page 32494]]

     single conference occurring outside the United States.

                             (rescissions)

       Sec. 531. (a) Of the unobligated balances available to the 
     Department of Justice from prior appropriations, the 
     following funds are hereby rescinded, not later than 
     September 30, 2010, from the following accounts in the 
     specified amounts:
       (1) ``Legal Activities, Assets Forfeiture Fund'', 
     $379,000,000, of which $136,000,000 shall be permanently 
     rescinded and returned to the general fund;
       (2) ``Office of Justice Programs'', $42,000,000; and
       (3) ``Community Oriented Policing Services'', $40,000,000.
       (b) The Department of Justice shall, within 30 days of 
     enactment of this Act, submit to the Committee on 
     Appropriations of the House of Representatives and the Senate 
     a report specifying the amount of each rescission made 
     pursuant to this section.
       (c) The recissions contained in this section shall not 
     apply to funds provided in this Act.
       Sec. 532.  Section 504(a) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1996 (as contained in Public Law 104-134) 
     is amended:
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting after ``)'' the following: ``that uses 
     Federal funds (or funds from any source with regard to 
     paragraphs (14) and (15)) in a manner'';
       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       Sec. 533.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.


               review and audit of acorn federal funding

       Sec. 534.  (a) Review and Audit.--The Comptroller General 
     of the United States shall conduct a review and audit of 
     Federal funds received by the Association of Community 
     Organizations for Reform Now (referred to in this section as 
     ``ACORN'') or any subsidiary or affiliate of ACORN to 
     determine--
       (1) whether any Federal funds were misused and, if so, the 
     total amount of Federal funds involved and how such funds 
     were misused;
       (2) what steps, if any, have been taken to recover any 
     Federal funds that were misused;
       (3) what steps should be taken to prevent the misuse of any 
     Federal funds; and
       (4) whether all necessary steps have been taken to prevent 
     the misuse of any Federal funds.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the audit required 
     under subsection (a), along with recommendations for Federal 
     agency reforms.
       This Act may be cited as the ``Commerce, Justice, Science, 
     and Related Agencies Appropriations Act, 2010''.


                       Motion Offered by Mr. Obey

  The text of the motion is as follows:

       Mr. Obey moves that the House concur in the Senate 
     amendment to H.R. 2847 with the amendment printed in part B 
     of House Report 111-380.

  The SPEAKER pro tempore. The House amendment to the Senate amendment 
to the bill H.R. 2847 contains an emergency designation for purposes of 
pay-as-you-go principles.
  Accordingly, the Chair must put the question of consideration under 
clause 10(c)(3) of rule XXI.
  The question is, Will the House now consider the motion to concur in 
the Senate amendment with an amendment?
  The question of consideration was decided in the affirmative.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. Pursuant to House Resolution 976, the 
amendment printed in part B of House Report 111-380 and the motion 
shall be considered as read.
  The text of the amendment is as follows:

       House amendment to Senate amendment:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate, insert the following:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2010, and for other purposes, 
     namely:

              TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT

                           CHAPTER 1--JUSTICE

                         DEPARTMENT OF JUSTICE

                  Community Oriented Policing Services


                     (including transfer of funds)

       For an additional amount for ``Community Oriented Policing 
     Services'', for grants under section 1701 of title I of the 
     1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 
     3796dd) for hiring and rehiring of additional career law 
     enforcement officers under part Q of such title, 
     notwithstanding subsection (i) of such section, 
     $1,179,000,000, of which $2,950,000 shall be transferred to 
     ``State and Local Law Enforcement Activities, Salaries and 
     Expenses'' for management, administration and oversight of 
     such grants.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                    CORPS OF ENGINEERS--CIVIL WORKS

                         DEPARTMENT OF THE ARMY

                 Corps of Engineers--Civil Construction


                     (including transfers of funds)

       For an additional amount for ``Construction'', 
     $715,000,000: Provided, That section 102 of Public Law 109-
     103 (33 U.S.C. 2221) shall not apply to funds provided in 
     this title: Provided further, That not less than $30,000,000 
     of the funds provided shall be for water-related 
     environmental infrastructure assistance: Provided further, 
     That up to $30,000,000 of the funds provided under this 
     heading may be transferred to ``Mississippi Rivers and 
     Tributaries'' for authorized projects and activities: 
     Provided further, That notwithstanding any other provision of 
     law, funds provided under this heading shall not be cost 
     shared with the Inland Waterways Trust Fund as authorized in 
     Public Law 99-662: Provided further, That funds provided 
     under this heading shall only be allocated to programs, 
     projects or activities that heretofore received funds 
     provided in Acts making appropriations available for Energy 
     and Water Development and that are selected using only the 
     fallowing criteria in order of priority: programs, projects 
     or activities that can be commenced quickly; programs, 
     projects or activities that will create immediate employment; 
     programs, projects or activities that will be executed by 
     contract or direct hire of temporary labor; and programs, 
     projects or activities that are located in a State with high 
     unemployment: Provided further, That the limitation 
     concerning total project costs in section 902 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2280), shall not 
     apply during fiscal years 2010 and 2011 for any project 
     receiving funds provided in this title: Provided further, 
     That for projects that are being completed with funds 
     appropriated in this paragraph that would otherwise be 
     expired for obligation, expired funds appropriated in this 
     paragraph may be used to pay the cost of associated 
     supervision, inspection, overhead, engineering and design on 
     those projects and on subsequent claims, if any: Provided 
     further, That funds made available under this heading shall 
     be apportioned by the Office of Management and Budget not 
     later than 30 days after the date of enactment of this Act 
     and allocated by the Secretary of the Army to specific 
     programs, projects or activities not later than 45 days after 
     the date of enactment of this Act: Provided further, That the 
     Secretary of the Army shall submit a quarterly report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the allocation, obligation and 
     expenditures of these funds, including an explanation of how 
     each selected program, project or activity fulfills the 
     funding criteria above, beginning not later than 45 days 
     after the date of enactment of this Act: Provided further, 
     That the Secretary shall have unlimited reprogramming 
     authority for the funds provided under this heading: Provided 
     further, That up to 0.5 percent of funds provided under this 
     heading may be transferred to ``Expenses'' for the purposes 
     of management and oversight of the programs, projects or 
     activities funded by this paragraph.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      water and related resources

                     (including transfers of funds)

       For an additional amount for ``Water and Related 
     Resources'', $100,000,000: Provided, That of the amount 
     appropriated under this heading, not less than $26,000,000 
     shall be used for water reclamation and reuse projects 
     authorized under title XVI of Public Law 102-575: Provided 
     further, That up to $30,000,000 of the funds provided under 
     this heading may be used for programs, projects, and 
     activities authorized by Public Law 108-361 and up to 
     $10,000,000 of the funds provided under this heading may be 
     transferred to the Department of the Interior for programs, 
     projects, and activities authorized by titles II-V of Public 
     Law 102-575: Provided further, That funds provided under this 
     heading shall only be allocated to programs, projects or 
     activities that heretofore received funds provided in Acts 
     making appropriations available for Energy and Water 
     Development: Provided further, That for projects that are 
     being completed with funds appropriated in this paragraph 
     that would otherwise be expired for obligation, expired funds 
     appropriated in this paragraph may be used to pay the cost of 
     associated supervision, inspection, overhead, engineering and 
     design on those projects and on subsequent claims, if any: 
     Provided further, That the Secretary of the Interior shall 
     submit a quarterly report to the Committees on Appropriations 
     of the House of Representatives and the Senate detailing the 
     allocation, obligation and expenditures of these funds, 
     beginning not later than 45 days after the date of enactment 
     of this Act: Provided further, That the Secretary shall have 
     unlimited reprogramming authority for the funds provided 
     under this heading: Provided further, That up to 0.5 percent 
     of funds appropriated under this heading may be transferred 
     to ``Policy and Administration'' for the purposes of 
     management and oversight of the programs, projects, or 
     activities funded by this paragraph.

[[Page 32495]]



                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

         Title 17 Innovative Technology Loan Guarantee Program

       For an additional amount for ``Title 17 Innovative 
     Technology Loan Guarantee Program'' for the cost of 
     guaranteed loans authorized by section 1705 of the Energy 
     Policy Act of 2005, $2,000,000,000, available until expended: 
     Provided, That the cost of such loans, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974.

                    General Provision, This Chapter


     incentives for innovative technologies loan guarantee program

       Sec. 1201. (a) Specific Appropriation or Contribution.--
     Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
     16512) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
         ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made;
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury; or
       ``(C) a combination of appropriations or payments from the 
     borrower has been made sufficient to cover the cost of the 
     obligation.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) or (C) shall not be a loan or 
     other debt obligation, that is made or guaranteed by the 
     Federal Government.''; and
       (2) by adding at the end the following:
       ``(k) Credit Report.--If, in the opinion of the Secretary, 
     a third-party credit rating of the applicant or project is 
     not relevant to the determination of the credit risk of a 
     project, if the project costs are not projected to exceed 
     $100,000,000, and the applicant agrees to accept the credit 
     rating assigned to the applicant by the Secretary, the 
     Secretary may waive any otherwise applicable requirement 
     (including any requirement described in part 609 of title 10, 
     Code of Federal Regulations) to provide a third-party credit 
     report.
       ``(l) Direct Hire Authority.--
       ``(1) In general.--Notwithstanding section 3304 and 
     sections 3309 through 3318 of title 5, United States Code, 
     the head of the loan guarantee program under this title 
     (referred to in this subsection as the `Executive Director') 
     may, on a determination that there is a severe shortage of 
     candidates or a severe hiring need for particular positions 
     to carry out the functions of this title, recruit and 
     directly appoint highly qualified critical personnel with 
     specialized knowledge important to the function of the 
     programs under this title into the competitive service.
       ``(2) Exception.--The authority granted under paragraph (1) 
     shall not apply to positions in the excepted service or the 
     Senior Executive Service.
       ``(3) Requirements.--In exercising the authority granted 
     under paragraph (1), the Executive Director shall ensure that 
     any action taken by the Executive Director--
       ``(A) is consistent with the merit principles of section 
     2301 of title 5, United States Code; and
       ``(B) complies with the public notice requimments of 
     section 3327 of title 5, United States Code.
       ``(4) Sunset.--The authority provided under paragraph (1) 
     shall terminate on January 1, 2011.
       ``(m) Multiple Sites.--Notwithstanding any contrary 
     requirement (including any provision under part 609.12 of 
     title 10, Code of Federal Regulations) an eligible project 
     may be located on 2 or more non-contiguous sites in the 
     United States.''.
       (b) Applications for Multiple Eligible Projects.--Section 
     1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is 
     amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Multiple Applications.--Notwithstanding any contrary 
     requirement (including any provision under part 609.3(a) of 
     title 10, Code of Federal Regulations), a project applicant 
     or sponsor of an eligible project may submit an application 
     for more than 1 eligible project under this section.''.
       (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended 
     by adding at the end the following:
       ``(4) Energy efficiency projects, including projects to 
     retrofit residential, commercial, and industrial buildings, 
     facilities, and equipment.''.

                      CHAPTER 3--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency


                     firefighter assistance grants

       For an additional amount for ``Firefighter Assistance 
     Grants'' for necessary expenses for programs authorized by 
     section 34 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229a), $500,000,000: Provided, That 
     notwithstanding any provision under section 34(a)(1)(A) such 
     Act specifying that grants must be used to increase the 
     number of firefighters in fire departments, the Secretary of 
     Homeland Security, in making grants under section 34 of such 
     Act for fiscal year 2010, shall grant waivers from the 
     requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 
     (c)(4)(A) of such section: Provided further, That section 
     34(a)(1)(E) of such Act shall not apply with respect to funds 
     appropriated in this or any other Act making appropriations 
     for fiscal year 2010 for grants under section 34 of such Act: 
     Provided further, That the Secretary of Homeland Security, in 
     making grants under section 34 of such Act, shall ensure that 
     funds appropriated under this or any other Act making 
     appropriations for fiscal year 2010 are made available for 
     the retention of firefighters and shall award grants not 
     later than 120 days after the date of enactment of this Act: 
     Provided further, That the Secretary may transfer any unused 
     funds under this heading to make grants for programs 
     authorized by section 33 of such Act (15 U.S.C. 2229) after 
     notification to the Committees on Appropriations of the 
     Senate and the House of Representatives.

                  CHAPTER 4--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For an additional amount for ``Management of Lands and 
     Resources'', for activities on all Bureau of Land Management 
     lands using term employment, $20,000,000.

                United States Fish and Wildlife Service


                          resource management

       For an additional amount for ``Resource Management'', for 
     activities using term employment, $30,000,000.

                         National Park Service


                 operation of the national park system

       For an additional amount for ``Operation of the National 
     Park System'', for activities on all national park units 
     using term employment, $50,000,000.

                        Department-Wide Programs


                        wildland fire management

       For an additional amount for ``Wildland Fire Management'', 
     for hazardous fuels reduction and related activities 
     including necessary inventory and monitoring, using term 
     employment, $20,000,000.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State And Tribal Assistance Grants


                     (including transfers of funds)

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $2,000,000,000, of which $1,000,000,000 shall be 
     for capitalization grants for the Clean Water State Revolving 
     Funds under title VI of the Federal Water Pollution Control 
     Act and $1,000,000,000 shall be for capitalization grants 
     under section 1452 of the Safe Drinking Water Act: Provided, 
     That the Administrator may retain up to 1 percent of the 
     funds appropriated herein for management and oversight 
     purposes: Provided further, That funds appropriated herein 
     shall not be subject to the matching or cost share 
     requirements of sections 602(b)(2), 602(b)(3) or 202 of the 
     Federal Water Pollution Control Act nor the matching 
     requirements of section 1452(e) of the Safe Drinking Water 
     Act: Provided further, That the Administrator shall 
     reallocate funds appropriated herein for the Clean and 
     Drinking Water State Revolving Funds (Revolving Funds) where 
     projects are not under contract or construction within 8 
     months of the date of enactment of this Act: Provided 
     further, That notwithstanding the priority rankings they 
     would otherwise receive under each program, priority for 
     funds appropriated herein shall be given to projects on a 
     State priority list that are ready to proceed to construction 
     within 12 months of the date of enactment of this Act: 
     Provided further, That notwithstanding the requirements of 
     section 603(d) of the Federal Water Pollution Control Act or 
     section 1452(f) of the Safe Drinking Water Act, for the funds 
     appropriated herein, each State shall use not less than 50 
     percent of the amount of its capitalization grants to provide 
     additional subsidization to eligible recipients in the form 
     of forgiveness of principal, negative interest loans or 
     grants or any combination of these: Provided further, That, 
     to the extent there are sufficient eligible project 
     applications, not less than 20 percent of the funds 
     appropriated herein for the Revolving Funds shall be for 
     projects to address green infrastructure, water or energy 
     efficiency improvements or other environmentally innovative 
     activities: Provided further, That notwithstanding the 
     limitation on amounts specified in section 518(c) of the 
     Federal Water Pollution Control Act, up to 2.0 percent of the 
     funds appropriated herein for the Clean Water State Revolving 
     Funds may be reserved by the Administrator for tribal grants 
     under section 518(c) of such Act: Provided further, That up 
     to 4 percent of the funds appropriated herein for tribal set-
     asides under the Revolving Funds may be transferred to the 
     Indian Health Service to support management and oversight of 
     tribal projects: Provided further, That none of the funds 
     appropriated herein shall be available for the purchase of 
     land or easements as authorized by section 603(c) of the 
     Federal Water Pollution Control Act or for activities 
     authorized by section 1452(k) of the Safe Drinking Water Act: 
     Provided further, That notwithstanding section 603(d)(2) of 
     the Federal Water Pollution Control Act and section 
     1452(f)(2) of the Safe Drinking Water Act, funds may be used 
     to buy, refinance, or restructure the debt obligations of 
     eligible recipients only where such debt was incurred on or 
     after October 1, 2009: Provided further, That section 1606 of 
     title XVI of Public Law 111-5 shall apply to the use of the 
     funds provided under this heading.

[[Page 32496]]



                       Department of Agriculture

                             Forest Service


                       state and private forestry

       For an additional amount for ``State and Private Forestry 
     for financial assistance to States and territories for 
     authorized activities using term employment, $75,000,000.


                         national forest system

       For an additional amount for ``National Forest System'', 
     for activities on the National Forest System using term 
     employment, $40,000,000.


                        wildland fire management

       For an additional amount for ``Wildland Fire Management'', 
     for hazardous fuels reduction and related activities using 
     term employment, $35,000,000.

                    General Provisions, This Chapter


                     (including transfer of funds)

       Sec. 1401. Funds made available to the Environmental 
     Protection Agency by this Act for management and oversight 
     purposes shall remain available until September 30, 2012, and 
     may be transferred to the ``Environmental Programs and 
     Management'' account as needed.
       Sec. 1402. In carrying out the work for which funds in this 
     title are being made available, the Secretary of the Interior 
     and the Secretary of Agriculture shall utilize, to the 
     maximum extent practicable, the Public Lands Corps, Youth 
     Conservation Corps, Student Conservation. Association, Job 
     Corps, Corps Network members, and other related partnerships 
     with Federal, State, local, tribal or non-profit groups that 
     serve youny adults, underserved and minority populations, 
     veterans, and special needs individuals.

CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                                AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For an additional amount for ``Training and Employment 
     Services'' for activities under the Workforce Investment Act 
     of 1998 (``WIA''), $1,250,000,000, which shall be available 
     for obligation on the date of enactment of this Act, as 
     follows:
       (1) $500,000,000 for grants to the States for youth 
     activities: Provided, That such funds shall be used solely 
     for summer employment programs for youth: Provided further, 
     That no portion of such funds shall he reserved to carry out 
     section 127(b)(1)(A) of the WIA: Provided further, That for 
     purposes of section 127(b)(1)(C)(iv) of the WIA, funds 
     available for youth activities shall be allotted as if the 
     total amount available for youth activities in the fiscal 
     year does not exceed $1,000,000,000: Provided further, That 
     the work readiness performance indicator described in section 
     136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of 
     performance used to assess the effectiveness of summer 
     employment for youth provided with such funds: Provided 
     further, That an in-school youth shall meet the requirement 
     that eligible youth be a low-income individual under section, 
     101(13)(B) of the WIA if such youth has been determined to 
     meet the eligibility requirements for free meals under the 
     National School Lunch Act (42 U.S.C. 1751 et seq.) during the 
     most recent school year; and
       (2) $750,000,000 for a program of competitive grants for 
     worker training and placement in high growth and emerging 
     industry sectors: Provided, That $275,000,000 shall be for 
     job training projects that prepare workers for careers in 
     energy efficiency and renewable energy as described in 
     section 171(e)(1)(B) of the WIA, of which $225,000,000 shall 
     be for Pathways Out of Poverty projects: Provided further, 
     That awarding grants from those funds not dedicated in the 
     preceding proviso, the Secretary of Labor shall give priority 
     to projects that prepare workers for careers in the health 
     care sector.

                        DEPARTMENT OF EDUCATION

                          Education Jobs Fund

       For necessary expenses for an Education Jobs Fund, 
     $23,000,000,000, which shall remain available for obligation 
     through September 30, 2010 and shall he administered under 
     the terms and conditions of sections 14001 through 14013 of 
     title XIV, and title XV, of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5), 
     except as follows:
       (1) Allotments to states and territories.--Such funds shall 
     be available only for allocations by the Secretary under 
     subsections (a) and (d) of section 14001.
       (2) Reservation.--With respect to funds appropriated under 
     this heading, a State that receives an allocation may reserve 
     not more than 5 percent, for--
       (A) the administrative costs of carrying out its 
     responsibilities with respect to those funds, provided the 
     State reserves not more than 1 percent of its total 
     allocation for those costs; and
       (B) retaining or creating positions in the State 
     educational agency or the State agency for higher education, 
     and other State agency positions related to the 
     administration or support of early childhood, elementary, 
     secondary or postsecondary education.
       (3) Awards to local educational agencies and public 
     institutions of higher education.--
       (A) Except as specified under paragraph (2), allocation of 
     such funds to a State under section 14001(d) shall be used 
     only for awards to local educational agencies and public 
     institutions of higher education for the support of 
     elementary, secondary, and postsecondary education. The 
     Governor shall determine how the funds appropriated under 
     this heading are allocated for elementary and secondary 
     education and for public institutions of higher education. In 
     making the determination in the preceding sentence, the 
     Governor shall allocate funds among the categories of 
     elementary and secondary education and public institutions of 
     higher education generally in proportion to any reductions in 
     State funds for such categories.
       (B) Funds used to support elementary and secondary 
     education, shall be distributed through the State's primary 
     elementary and secondary funding formulae.
       (C) Section 14002(a) and (b) shall not apply.
       (4) Inapplicability of education reform assurances.--
     Subsection (b)(2), and paragraphs (1) through (5) of 
     subsection (d), of section 14005 shall not apply to any 
     application for an allocation of such funds.
       (5) Requirenent to use funds to retain or create education 
     jobs.--Notwithstanding sections 14003(a) and 14004(a), such 
     funds may be used only for compensation and benefits and 
     other expenses, such as support services, necessary to retain 
     existing employees, for activities defined in section 101(31) 
     of the Workforce Investment Act of 1998, and to hire new 
     employees in order to provide early childhood, elementary, 
     secondary, or postsecondary educational and related services 
     or for modernization, renovation, and repair of public school 
     facilities and facilities of institutions of higher 
     education.
       (6) Prohibition on use of funds for rainy-day funds or debt 
     retirement.--A State that receives an allocation may not use 
     such funds, directly or indirectly, to establish, restore, or 
     supplement a rainy-day fund, or to supplant State funds in a 
     manner that has the effect of establishing, restoring, or, 
     supplementing a rainy-day fund; or to reduce or retire debt 
     obligations incurred by the State, or to supplant State funds 
     in a manner that has the effect of reducing or retiring debt 
     obligations incurred by the State, provided that this 
     prohibition shall not apply to fund balances that are 
     necessary to comply with any State requirement to maintain a 
     balanced budget.
       (7) Application considerations.--If, by a date set by the 
     Secretary, a Governor has not submitted an approvable 
     application under section 14005(a), the Secretary may provide 
     for the distribution of funds allocated under section 
     14001(d) to another entity or other entities in the State, 
     under such terms and conditions as the Secretary may 
     establish, provided that all terms and conditions that apply 
     to the appropriation under this heading shall apply to such 
     funds distributed to such entity or entities.
       (8) Local educational agency application.--Section 442 of 
     the General Education Provisions Act does not apply to a 
     local educational agency that has previously submitted an 
     application to the State under title XIV of division A of the 
     American Recovery and Reinvestment Act of 2009. The 
     assurances provided under that application shall continue to 
     apply to funds awarded under this heading.
       (9) Maintenance of effort.--The Secretary shall not 
     allocate funds to a State under paragraph (1) unless the 
     Governor of the State provides an assurance to the Secretary 
     that the State will--
       (A) for fiscal year 2010--
       (i) maintain State support for elementary, secondary, and 
     public higher education (not including support for capital 
     projects or research and development or tuition and fees paid 
     by students), in the aggregate, at the level of such support 
     for fiscal year 2009; or
       (ii) maintain State support far elementary, secondary, and 
     public higher education (not including support for capital 
     projects or research and development or tuition and fees paid 
     by students), in the aggregate, at a level no less than such 
     support for fiscal year 2006, provided that if a State has 
     enacted a reduction to such aggregate level of fiscal year 
     2010 State support for elementary, secondary, and public 
     higher education after December 12, 2009, the State shall 
     maintain State support for elementary, secondary, and public 
     higher education at a percentage of the total revenues 
     available to the State that is equal to or greater than the 
     percentage provided for such purpose for fiscal year 2010 
     prior to December 12, 2009; and
       (B) for fiscal year 2011--
       (i) comply with subparagraph (A)(i); or
       (ii) maintain State support, for elementary, secondary, and 
     public higher education (not including support, for capital 
     projects or research and development or tuition and fees paid 
     by students), in the aggregate, at a percentage of the total 
     revenues available to the State that is equal to or greater 
     than the percentage provided for such purpose for fiscal year 
     2010.

                      Student Financial Assistance

       For an additional amount for ``Student Financial 
     Assistance'' to carry out part C of title IV of the Higher 
     Education Act of 1965, $300,000,000, which, shall remain 
     available through September 30, 2011.

                            Related Agencies

             Corporation for National and Community Service


                           operating expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operating Expenses'' to 
     carry out the Domestic Volunteer Service Act of 1973 (``1973 
     Act'') and the National and Community Service Act of 1990 
     (``1990 Act''), $132,000,000, which shall remain available 
     through September 30, 2011: Provided, That not less than 
     $90,000,000 of the funds made available in this paragraph 
     shall be used to make additional awards to existing 
     AmeriCorps grantees and may be used to provide adjustments to

[[Page 32497]]

     awards under subtitle C of title I of the 1990 Act made prior 
     to September 30, 2011 for which the Chief Executive Officer 
     of the Corporation for National and Community Service 
     (``CEO'') determines that a waiver of the Federal share 
     limitation is warranted under section 2521.70 of title 45 of 
     the Code of Federal Regulations: Provided further, That up to 
     $30,000,000 shall be for programs under title I, part A of 
     the 1973 Act: Provided further, That any funds provided in 
     the previous proviso shall not be made available in 
     connection with cost-share agreements authorized under 
     section 192A(g)(10) of the 1990 Act: Provided further, That 
     of the amount made available in this paragraph, not less than 
     $7,000,000 shall be transferred to ``Salaries and Expenses'' 
     to administer the funds provided in this paragraph, including 
     making any necessary information technology upgrades: 
     Provided further, That the CEO shall provide to the 
     Committees on Appropriations of the house of Representatives 
     and the Senate a fiscal year 2010 operating plan for the 
     funds appropriated in this paragraph prior to making any 
     Federal obligations of such funds in fiscal year 2010, but 
     not later than 90 days after the date of enactment of this 
     Act, and a fiscal year 2011 operating plan for such funds in 
     fiscal year 2011, but not later than November 1, 2010, that 
     detail the allocation of resources and the increased number 
     of members supported by the AmeriCorps programs: Provided 
     further, That the CEO shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report on the actual obligations, expenditures, and 
     unobligated balances for each activity funded under this 
     heading not later than 90 clays after issuance of the 
     operating plan, and quarterly thereafter as long as funding 
     provided under this heading is available for obligation or 
     expenditure.


                         NATIONAL SERVICE TRUST

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``National Service Trust'' 
     established under subtitle D of title I of the National and 
     Community Service Act of 1990 (``1990 Act''), $68,000,000, 
     which shall remain available until expended: Provided, That 
     the Corporation for National and Community Service may 
     transfer additional funds from the amount provided within 
     ``Operating Expenses'' allocated to grants under subtitle C 
     of title I of the 1990 Act to the National Service Trust upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to the Committees on Appropriations of the 
     House of Representatives and the Senate: Provided further, 
     That the amount appropriated or transferred to the National 
     Service Trust may be invested under section 145(b) of the 
     1990 Act without regard to the requirements to apportion 
     funds under 31 U.S.C. 1513(b).

                    General Provision, This Chapter


 ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED ZONE ACADEMY BONDS AND 
                  QUALIFIED SCHOOL CONSTRUCTION BONDS

       Sec. 1501. (a) In General.--Section 6431 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(f) Application of Section to Qualified Zone Academy 
     Bonds and Qualified School Construction Bonds--
       ``(1) In General--In the case of any specified tax credit 
     bond--
       ``(A) such bond shall be treated as a qualified bond for 
     purposes of this section,
       ``(B) subsection (a) shall be applied without regard to the 
     requirement that the qualified bond be issued before January 
     1, 2011,
       ``(C) the amount of the payment determined under subsection 
     (b) with respect to any interest payment date under such bond 
     shall be equal to the lesser of--
       ``(i) the amount of interest payable under such bond on 
     such date, or
       ``(ii) the amount of interest which would have been payable 
     under such bond on such date if such interest were determined 
     at the applicable credit rate determined under section 
     54A(b)(3) with respect to such bond,
       ``(D) interest on any such bond shall be includible in 
     gross income for purposes of this title, and
       ``(E) no credit shall be allowed under section 54A with 
     respect to such bond.
       ``(2) Specified Tax Credit Bond.--For purposes of nets of 
     this subsection, the term `specified tax credit bond' means 
     any qualified tax credit bond (as defined in section 54A(d)) 
     if--
       ``(A) such bond is a qualified zone academy bond (as 
     defined in section 54E) or a qualified school construction 
     bond (as defined in section 54F), and
       ``(B) the issuer of such bond makes an irrevocable election 
     to hare this subsection apply.''.
       (b) Technical Corrections Relating to Qualified School 
     Construction Bonds.--
       (1) The second sentence of section 54F(d)(1) of such Code 
     is amended by striking ``by the State'' and inserting ``by 
     the State education agency (or such other agency as is 
     authorized under State law to make such allocation)''.
       (2) The second sentence of section 54F(e) of such Code is 
     amended by striking ``subsection (d)(4)'' and inserting 
     ``paragraphs (2) and (4) of subsection (d)''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendment made by this section shall apply to 
     bonds issued after December 31, 2009.
       (2) Technical corrections.--The amendments made by 
     subsection (b) shall take effect as if included in section 
     1521 of the American Recovery and Reinvestment Tax Act of 
     2009.

      CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                       GRANTS-IN-AID FOR AIRPORTS

       For an additional amount for ``Grants-In-Aid for 
     Airports'', to enable the Secretary of Transportation to make 
     grants for discretionary projects as authorized by subchapter 
     1 of chapter 471 and subchapter 1 of chapter 475 of title 49, 
     United States Code, $500,000,000: Provided, That such funds 
     shall not be subject to apportionment formulas, special 
     apportionment categories, or minimum percentages under 
     chapter 471 of such title: Provided further, That the 
     Secretary shall distribute funds provided under this heading 
     as discretionary grants to airports using the criteria 
     established under chapters 471 and 475 of such title, but 
     with priority given to those projects that demonstrate to his 
     satisfaction their ability to be completed within 2 years of 
     enactment of this Act: Provided further, That the Secretary 
     shall award grants under this heading within 120 days of 
     enactment of this Act: Provided further, That the amount made 
     available under this heading shall not be subject to any 
     limitation on obligations for the Grants-in-Aid for Airports 
     program set forth in any Act: Provided further, That the 
     Federal share payable of the costs for which a grant is made 
     under this heading shall be, at the option of the recipient, 
     up to 100 percent: Provided further, That the amounts 
     provided under this heading may be used for expenses the 
     agency incurs in administering this program in addition to 
     amounts provided for administrative expenses for the Grants-
     in-Aid Airport Improvement Program from any other Act.

                     Federal Highway Administration


                   HIGHWAY INFRASTRUCTURE INVESTMENT

       For an additional amount for ``Highway Infrastructure 
     Investment'' for restoration, repair, construction and other 
     activities eligible under paragraph (b) of section 133 of 
     title 23, United States Code, and for passenger and freight 
     rail transportation and port infrastructure projects eligible 
     for assistance under subsection 601(a)(8) of such title, 
     $27,500,000,000 to remain available through September 30, 
     2011: Provided, That, after making the set-asides required 
     under this heading, 50 percent of the funds made available 
     under this heading shall be apportioned to States using the 
     formula set forth in section 104(b)(3) of title 23, United 
     States Code, and the remaining funds shall be apportioned to 
     States in the same ratio as the obligation limitation for 
     fiscal year 2008 was distributed among the States in 
     accordance with the formula specified in section 120(a)(6) of 
     division K of Public Law 110-161: Provided further, That 
     funds made available under this heading shall be apportioned 
     not later than 21 days after the date of enactment of this 
     Act: Provided further, That in selecting projects to be 
     carried out with funds apportioned under this heading, 
     priority shall be given to projects that are projected for 
     completion within a 3-year time frame, and are located in 
     economically distressed areas as defined by section 301 of 
     the Public Works and Economic Development Act of 1965, as 
     amended (42 U.S.C. 3161): Provided further, That in selecting 
     projects to be carried out with funds apportioned under this 
     heading, States shall ensure an equitable geographic 
     distribution of funds and an appropriate balance in 
     addressing the needs of urban and rural communities in the 
     State: Provided further, That 90 days following the date of 
     such apportionment, the Secretary of Transportation shall 
     withdraw from each State an amount equal to 50 percent of the 
     funds awarded to that State less the amount of funding under 
     contract, as determined by the Secretary, and the Secretary 
     shall redistribute such amounts to other States that have had 
     no funds withdrawn under this proviso in the manner described 
     in section 120(c) of division K of Public Law 110-161: 
     Provided further, That 1 year following the date of such 
     apportionment, the Secretary shall withdraw from each 
     recipient of funds apportioned under this heading any funds 
     that are not under contract, as determined by the Secretary, 
     and the Secretary shall redistribute such amounts to States 
     that have had no funds withdrawn under this proviso in the 
     manner described in section 120(c) of division K of Public 
     Law 110-161: Provided further, That at the request of a 
     State, the Secretary of Transportation may provide an 
     extension of such 1-year period only to the extent that he 
     feels satisfied that the State has encountered extreme 
     conditions that create an unworkable bidding environment or 
     other extenuating circumstances: Provided further, That 
     before granting such an extension, the Secretary shall send a 
     letter to the House and Senate Committees on Appropriations 
     that provides a thorough justification for the extension: 
     Provided further, That 3 percent of the funds apportioned to 
     a State under this heading shall be set aside for the 
     purposes described in subsection 133(d)(2) of title 23, 
     United States Code (without regard to the comparison to 
     fiscal year 2005): Provided further, That 30 percent of the 
     funds apportioned to a State under this heading shall be 
     suballocated within the State in the manner and for the 
     purposes described in the first sentence of subsection 
     133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 
     133(d)(3)(D): Provided further, That such suballocation shall 
     be conducted in every State: Provided further, That of the 
     funds provided under this heading,

[[Page 32498]]

     $105,000,000 shall be for the Puerto Rico highway program 
     authorized under section 165 of title 23, United States Code, 
     and $45,000,000 shall be for the territorial highway program 
     authorized under section 215 of title 23, United States Code: 
     Provided further, That of the funds provided under this 
     heading, $60,000,000 shall be for capital expenditures 
     eligible under section 147 of title 23, United States Code 
     (without regard to subsection (d)): Provided further, That 
     the Secretary of Transportation shall distribute such 
     $60,000,000 as competitive discretionary grants to States, 
     with priority given to those projects that demonstrate to his 
     satisfaction their ability to be completed within 2 years of 
     enactment of this Act: Provided further, That of the funds 
     provided under this heading, $550,000,000 shall be for 
     investments in transportation at Indian reservations and 
     Federal lands: Provided further, That of the funds identified 
     in the preceding proviso, $310,000,000 shall be for the 
     Indian Reservation Roads program, $170,000,000 shall be for 
     the Park Roads and Parkways program, $60,000,000 shall be for 
     the Forest Highway Program, and $10,000,000 shall be for the 
     Refuge Roads program: Provided further, That for investments 
     at Indian reservations and Federal lands, priority shall be 
     given to capital investments, and to projects and activities 
     that can be completed within 2 years of enactment of this 
     Act: Provided further, That 1 year following the enactment of 
     this Act, to ensure the prompt use of the $550,000,000 
     provided for investments at Indian reservations and Federal 
     lands, the Secretary shall have the authority to redistribute 
     unobligated funds within the respective program for which the 
     funds were appropriated: Provided further, That up to 4 
     percent of the funding provided for Indian Reservation Roads 
     may be used by the Secretary of the Interior for program 
     management and oversight and project-related administrative 
     expenses: Provided further, That section 134(f)(3)(C)(ii)(II) 
     of title 23, United States Code, shall not apply to funds 
     provided under this heading: Provided further, That of the 
     funds made available under this heading, $20,000,000 shall be 
     for highway surface transportation and technology training 
     under section 140(b) of title 23, United States Code, and 
     $20,000,000 shall be for disadvantaged business enterprises 
     bonding assistance under section 332(e) of title 49, United 
     States Code: Provided further, That funds made available 
     under this heading shall be administered as if apportioned 
     under chapter 1 of title 23, United States Code, except for 
     funds made available for investments in transportation at 
     Indian reservations and Federal lands, and for the 
     territorial highway program, which shall be administered in 
     accordance with chapter 2 of title 23, United States Code, 
     and except for funds made available for disadvantaged 
     business enterprises bonding assistance, which shall be 
     administered in accordance with chapter 3 of title 49, United 
     States Code: Provided further, That the Federal share payable 
     on account of any project or activity carried out with funds 
     made available under this heading shall be, at the option of 
     the recipient, up to 100 percent of the total cost thereof: 
     Provided further, That funds made available by this paragraph 
     shall not be obligated for the purposes authorized under 
     section 115(b) of title 23, United States Code: Provided 
     further, That funding provided under this heading shall be in 
     addition to any and all funds provided for fiscal years 2010 
     and 2011 in any other Act for ``Federal-aid Highways'' and 
     shall not affect the distribution of funds provided for 
     ``Federal-aid Highways'' in any other Act: Provided further, 
     That the amount made available under this heading shall not 
     be subject to any limitation on obligations for Federal-aid 
     highways or highway safety construction programs set forth in 
     any Act: Provided further, That section 1101(b) of Public Law 
     109-59 shall apply to funds apportioned under this heading: 
     Provided further, That the Administrator of the Federal 
     Highway Administration may retain up to $45,000,000 of the 
     funds provided under this heading to fund the oversight by 
     the Administrator of projects and activities carried out with 
     funds made available to the Federal Highway Administration in 
     this Act, of which $5,000,000 shall be for the Office of 
     Expedited Project Delivery in the Office of the Administrator 
     of the Federal Highway Administration, and such funds shall 
     be available through September 30, 2013.

                    Federal Railroad Administration


     capital grants to the national railroad passenger corporation

       For an additional amount for ``Capital Grants to the 
     National Railroad Passenger Corporation'' to enable the 
     Secretary of Transportation to make capital grants to The 
     National Railroad Passenger Corporation (Amtrak) as 
     authorized by section 101(c) of the Passenger Rail Investment 
     and Improvement Act of 2008 (Public Law 110-432), 
     $800,000,000, for fleet modernization, including 
     rehabilitation of existing and acquisition of new passenger 
     equipment, including fuel efficient locomotives: Provided, 
     That none of the funds provided under this heading shall he 
     used to subsidize the operating losses of Amtrak: Provided 
     further, That section 24305(f)(4)(B) of title 49, United 
     States Code, shall not apply to any new equipment acquired 
     with funds provided under this heading: Provided further, 
     That funds provided under this heading shall be awarded not 
     later than 60 days after the date of enactment of this Act.

                     Federal Transit Administration


                       transit capital assistance

       For an additional amount for ``Transit Capital Assistance'' 
     for transit capital assistance grants authorized under 
     section 5302(a)(1) of title 49, United States Code, 
     $6,150,000,000: Provided, That the Secretary of 
     Transportation shall provide 80 percent of the funds 
     appropriated under this heading for grants under section 5307 
     of title 49, United States Code, and apportion such funds in 
     accordance with section 5336 of such title (other than 
     subsections (i)(1) and (j)): Provided further, That the 
     Secretary shall apportion 10 percent of the funds 
     appropriated under this heading in accordance with section 
     5340 of such title: Provided further, That the Secretary 
     shall provide 10 percent of the funds appropriated under this 
     heading for grants under section 5311 of title 49, United 
     States Code, and apportion such funds in accordance with such 
     section: Provided further, That funds apportioned under this 
     heading shall be apportioned not later than 21 days after the 
     date of enactment of this Act: Provided further, That 90 days 
     following the date of such apportionment, the Secretary shall 
     withdraw from each urbanized area or State an amount equal to 
     50 percent of the funds apportioned to such urbanized areas 
     or States less the amount of funding under contract, as 
     determined by the Secretary, and the Secretary shall 
     redistribute such amounts to other urbanized areas or States 
     that have had no funds withdrawn under this proviso utilizing 
     whatever method he deems appropriate to ensure that all funds 
     redistributed under this proviso shall be utilized promptly: 
     Provided further, That 1 year following the date of such 
     apportionment, the Secretary shall withdraw from each 
     urbanized area or State any funds that are not under 
     contract, as determined by the Secretary, and the Secretary 
     shall redistribute such amounts to other urbanized areas or 
     States that have had no funds withdrawn under this proviso 
     utilizing whatever method he deems appropriate to ensure that 
     all finds redistributed under this proviso shall be utilized 
     promptly: Provided further, That at the request of an 
     urbanized area or State, the Secretary of Transportation may 
     provide an extension of such 1-year period if he feels 
     satisfied that the urbanized area or State has encountered an 
     unworkable bidding environment or other extenuating 
     circumstances: Provided further, That before granting such an 
     extension, the Secretary shall send a letter to the House and 
     Senate Committees on Appropriations that provides a thorough 
     justification for the extension: Provided further, That of 
     the funds provided for section 5311 of title 49, United 
     States Code, 2.5 percent shall be made available for section 
     5311(c)(1): Provided further, That of the funding provided 
     under this heading, $100,000,000 shall be distributed as 
     discretionary grants to public transit agencies for capital 
     investments that will assist in reducing the energy 
     consumption or greenhouse gas emissions of their public 
     transportation systems: Provided further, That for such 
     grants on energy-related investments, priority shall be given 
     to projects based on the total energy savings that are 
     projected to result from the investment, and projected energy 
     savings as a percentage of the total energy usage of the 
     public transit agency: Provided further, That applicable 
     chapter 53 requirements shall apply to funding provided under 
     this heading, except that the Federal share of the costs for 
     which any grant is made under this heading shall be, at the 
     option of the recipient, up to 100 percent: Provided further, 
     That the amount made available under this heading shall not 
     be subject to any limitation on obligations for transit 
     programs set forth in any Act: Provided further, That section 
     1101(b) of Public Law 109-59 shall apply to funds 
     appropriated under this heading: Provided further, That the 
     funds appropriated under this heading shall not be commingled 
     with any prior year funds: Provided further, That a recipient 
     and subrecipient of funds made available under this heading 
     may use up to 10 percent of the amount apportioned to a State 
     or urbanized area for the operating costs of equipment and 
     facilities for use in public transportation or for eligible 
     activities under section 5311(f): Provided further, That in 
     selecting projects to be carried out with funds apportioned 
     under this heading, priority shall be given to projects that 
     are located in economically distressed areas as defined by 
     section 301 of the Public Works and Economic Development Act 
     of 1965, as amended (42 U.S.C. 3161): Provided further, That 
     in selecting projects to be carried out with funds 
     apportioned under this heading, States shall ensure an 
     equitable geographic distribution of funds and an appropriate 
     balance in addressing the needs of urban and rural 
     communities in the State: Provided further, That 
     notwithstanding any other provision of law, three-quarters of 
     1 percent of the funds provided for grants under section 5307 
     and section 5340, and one-half of 1 percent of the funds 
     provided for grants under section 5311, shall be available 
     for administrative expenses and program management oversight, 
     and such funds shall be available through September 30, 2013.


                fixed guideway infrastructure investment

       For an amount for capital expenditures authorized under 
     section 5309(b)(2) of title 49, United States Code, 
     $1,750,000,000: Provided, That the Secretary of 
     Transportation shall apportion funds under this heading 
     pursuant to the formula set forth in section 5337 of title 
     49, United States Code: Provided further, That the funds 
     appropriated under this heading shall not be commingled with 
     any prior year funds: Provided further, That funds made 
     available under this heading shall be apportioned not later 
     than 21 days after the date of enactment of this Act: 
     Provided further, That 90 days following the date of such 
     apportionment, the Secretary shall

[[Page 32499]]

     withdraw from each urbanized area an amount equal to 50 
     percent of the funds apportioned to such urbanized area less 
     the amount of funding under contract, as determined by the 
     Secretary, and the Secretary shall redistribute such amounts 
     to other urbanized areas that have had no funds withdrawn 
     under this proviso utilizing whatever method he deems 
     appropriate to ensure that all funds redistributed under this 
     proviso shall be utilized promptly: Provided further, That 1 
     year following the date of such apportionment, the Secretary 
     shall withdraw from each urbanized area any funds that are 
     not under contract, as determined by the Secretary, and the 
     Secretary shall redistribute such amounts to other urbanized 
     areas that have had no funds withdrawn under this proviso 
     utilizing whatever method he deems appropriate to ensure that 
     all funds redistributed under this proviso shall be utilized 
     promptly: Provided further, That at the request of an 
     urbanized area, the Secretary of Transportation may provide 
     an extension of such 1-year period if he feels satisfied that 
     the urbanized area has encountered an unworkable bidding 
     environment or other extenuating circumstances: Provided 
     further, That before granting such an extension, the 
     Secretary shall send a letter to the House and Senate 
     Committees on Appropriations that provides a thorough 
     justification for the extension: Provided further, That 
     applicable chapter 53 requirements shall apply except that 
     the Federal share of the costs for which a grant is made 
     under this heading shall be, at the option of the recipient, 
     up to 100 percent: Provided further, That the provisions of 
     section 1101(b) of Public Law 109-59 shall apply to funds 
     made available under this heading: Provided further, That 
     notwithstanding any other provision of law, up to 1 percent 
     of the funds under this heading shall be available for 
     administrative expenses and program management oversight and 
     shall remain available for obligation until September 30, 
     2013.


                       capital investment grants

       For an additional amount for ``Capital Investment Grants'', 
     as authorized under section 5338(c)(4) of title 49, United 
     States Code, and allocated under section 5309(m)(2)(A) of 
     such title, to enable the Secretary of Transportation to make 
     discretionary grants as authorized by section 5309(d) and (e) 
     of such title, $500,000,000, of which $1,500,000 shall be for 
     the Office of Expedited Project Delivery in the Office of the 
     Administrator of the Federal Transit Administration: 
     Provided, That such amount shall be allocated without regard 
     to the limitation under section 5309(m)(2)(A)(i): Provided 
     further, That in selecting projects to be funded, priority 
     shall be given to projects that are able to award contracts 
     within 90 days of enactment of this Act: Provided further, 
     That the provisions of section 1101(b) of Public Law 109-59 
     shall apply to funds made available under this heading: 
     Provided further, That funds appropriated under this heading 
     shall not be commingled with any prior year funds: Provided 
     further, That applicable chapter 53 requirements shall apply, 
     except that notwithstanding any other provision of law, up to 
     1 percent of the funds provided under this heading shall be 
     available for administrative expenses and program management 
     oversight, and shall remain available through September 30, 
     2013: Provided further, That, notwithstanding any other 
     provision of law, the provisions of section 3011(f) of Public 
     Law 109-59 shall apply to all projects evaluated under 
     sections 5309(d) and 5309(e) of title 49, United States Code, 
     and funded in fiscal years 2010 and 2011 with funds made 
     available in the Act or any other Act.

                        Maritime Administration


          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized, 
     $100,000,000: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That the Maritime Administrator may retain, and 
     transfer to ``Maritime Administration, Operations and 
     Training'' up to 2 percent of the funds provided under this 
     heading to carry out the guaranteed loan program.

            General Provision, Department of Transportation

       Sec. 1601. (a) Maintenance of Effort.--
       (1) Certification--
       (A) Certification through september 30, 2010.--The 
     certification made by the Governor of each State under 
     section 1201(a) of division A of the American Recovery and 
     Reinvestment Act of 2009 (Pub. L. 111-5, 123 Stat. 115, 212) 
     shall continue in effect under this Act.
       (B) Certification through september 30, 2011.--Not later 
     than 30 days after the date enactment of this Act, for each 
     amount that is distributed to a State or agency thereof from 
     an appropriation in this Act for a covered program, the 
     Governor of the State shall certify to the Secretary of 
     Transportation that the State will maintain its effort with 
     regard to State funding for the types of projects that are 
     funded by the appropriation. As part of this certification, 
     the Governor shall submit to the Secretary of Transportation 
     a statement identifying the amount of State funds the State 
     planned to expend from State sources as of the date of 
     enactment of this Act for the period of October 1, 2010, 
     through September 30, 2011, for the types of projects that 
     are funded by the appropriation. For the period of October 1, 
     2010, through September 30, 2011, the Governor of a State may 
     calculate planned expenditures from State funds in the same 
     manner as under section 1201(a) of division A of the American 
     Recovery and Reinvestment Act of 2009 or may calculate the 
     amount by pro rating the amount certified under section 
     1201(a) of division A of the American Recovery and 
     Reinvestment Act of 2009 to establish the amount of planned 
     expenditures for such period.
       (2) Definition of state funds.--For purposes of the 
     certifications required by section 1201(a) of division A of 
     the American Recovery and Reinvestment Act of 2009 and 
     paragraph (1)(B), State funding means State funds used for 
     transportation purposes that are expended by the State agency 
     that is primarily responsible for carrying out the covered 
     program. State funding does not include State transportation 
     funds that are expended by on at the direction of non-State 
     governmental entities.
       (b) Requirement to Maintain Effort.--
       (1) Reports.--Each State shall submit to the Department of 
     Transportation for each covered program the actual aggregate 
     expenditures from State funds during the period of February 
     17, 2009, through September 30, 2011, as compared to the 
     level of such expenditures from State funds that were planned 
     to occur during such period as certified in accordance with 
     subsection (a). The State shall submit the maintenance of 
     effort reports in the same manner and in the same timeframe 
     required by subsection (c), except the State is not required 
     to submit a maintenance of effort report on February 17, 
     2013. The covered agencies shall submit the reports to 
     Congress in accordance with subsection (c)(1).
       (2) Determination of maintenance of effort.--A State is 
     deemed to have met its level of effort if the aggregate 
     amount of actual expenditures of State funds reported in the 
     February 17, 2012 report in accordance with paragraph (1) 
     meets or exceeds the aggregate amount of planned expenditures 
     of State funds identified in the certification required by 
     subsection (a).
       (3) Penalty for failure to maintain effort.--If a State is 
     unable to maintain the level of effort certified pursuant to 
     subsection (a), the State will be prohibited by the Secretary 
     of Transportation from receiving additional limitation 
     pursuant to the redistribution of the limitation on 
     obligations for Federal-aid highway and highway safety 
     construction programs that occurs after August 1 for fiscal 
     year 2012.
       (c) Periodic Reports.--
       (1) In general.--Notwithstanding any other provision of 
     law, each grant recipient shall submit to the covered agency 
     from which they received funding periodic reports on the use 
     of the funds appropriated in this chapter for the Department 
     of Transportation for covered programs. Such reports shall be 
     collected and compiled by the covered agency and transmitted 
     to Congress. Covered agencies may develop such reports on 
     behalf of grant recipients to ensure the accuracy and 
     consistency of such reports.
       (2) Contents of reports.--For amounts received under each 
     covered program by a grant recipient under this chapter for 
     the Department of Transportation, the grant recipient shall 
     include in the periodic reports information tracking--
       (A) the amount of Federal funds appropriated, allocated, 
     obligated, and outlayed under the appropriation;
       (B) the number of projects that have been put out to bid 
     under the appropriation and the amount of Federal funds 
     associated with such projects;
       (C) the number of projects for which contracts have been 
     awarded under the appropriation and the amount of Federal 
     funds associated with such contracts;
       (D) the number of projects for which work has begun under 
     such contracts and the amount of Federal funds associated 
     with such contracts;
       (E) the number of projects for which work has been 
     completed under such contracts and the amount of Federal 
     funds associated with such contracts; and
       (F) the number of direct, on-project jobs created or 
     sustained by the Federal funds provided for projects under 
     the appropriation and, to the extent possible, the estimated 
     indirect jobs created or sustained in the associated 
     supplying industries, including the number of job-years 
     created and the total increase in employment since the date 
     of enactment of this Act.
       (3) Timing of reports.--Each grant recipient shall submit 
     the first of the periodic reports required under this 
     subsection not later than 1 year after the date of enactment 
     of the American Recovery and Reinvestment Act of 2009 and 
     shall submit updated reports not later than 15 months, 18 
     months, 2 years, 3 years, and 4 years after such date of 
     enactment.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Covered agency.--The term ``covered agency'' means the 
     Federal Aviation Administration, the Federal Highway 
     Administration, the Federal Railroad Administration, the 
     Federal Transit Administration, and the Maritime 
     Administration of the Department of Transportation.
       (2) Covered program.--The term ``covered program'' means 
     funds appropriated in this Act for Grants-in-Aid for 
     Airports'' to the Federal Aviation Administration; for 
     ``Highway Infrastructure Investment'' to the Federal Highway 
     Administration; for ``Capital Grants to the National Railroad 
     Passenger Corporation'' to the Federal Railroad 
     Administration; for ``Transit Capital Assistance'', ``Fixed 
     Guideway Infrastructure Investment'', and ``Capital 
     Investment Grants'' to the Federal Transit Administration;

[[Page 32500]]

     and for ``Maritime Guaranteed Loan (Title XI) Program 
     Account'' to the Maritime Administration.
       (3) Grant recipient.--The term ``grant recipient'' means a 
     State or other recipient of assistance provided under a 
     covered program in this Act. Such term does not include a 
     Federal department or agency.
       (e) Exemption.--Notwithstanding any other provision of law, 
     sections 3501-3521 of title 44 United States Code, shall not 
     apply to the provisions of this section.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                      public housing capital fund

       For an additional amount for the ``Public Housing Capital 
     Fund'' to carry out capital and management activities for 
     public housing agencies, as authorized under section 9 of the 
     United States Housing Act of 1937 (42 U.S.C. 1437g) (in this 
     heading referred to as the ``Act''), $1,000,000,000: 
     Provided, That the Secretary of Housing and Urban Development 
     shall make the funds provided under this heading available by 
     competition for priority investments, including investments 
     that leverage private sector funding or financing for 
     renovations and energy conservation retrofit investments: 
     Provided further, That the Secretary shall obligate the funds 
     provided under this heading by such competition within 60 
     days of the date of the enactment of this Act: Provided 
     further, That in using the funds provided under this heading 
     public housing authorities shall give priority to capital 
     projects that can award contracts based on bids within 120 
     days from the date that the funds are made available to the 
     public housing authorities: Provided further, That in using 
     such funds provided under this heading public housing 
     agencies shall give priority consideration to the 
     rehabilitation of vacant rental units: Provided further, That 
     in using such funds provided under this heading public 
     housing agencies shall prioritize capital projects that are 
     already underway or included in the 5-year capital fund plans 
     required by section 5A of the Act (42 U.S.C. 1437c-1(a)): 
     Provided further, That notwithstanding any other provision of 
     law, funds provided under this heading (1) may not be used 
     for operating or rental assistance activities, and (2) shall 
     not be subject to any restriction of funding to replacement 
     housing uses: Provided further, That notwithstanding section 
     9(j) of the Act, public housing agencies shall obligate 50 
     percent of the funds provided under this heading within 180 
     days of the date on which such funds become available to the 
     agency for obligation, and shall expend 100 percent of such 
     funds within one year of the date on which such funds become 
     available to the agency for obligation: Provided further, 
     That if a public housing agency fails to comply with the 180-
     day obligation requirement under the preceding proviso, the 
     Secretary shall recapture all funds provided under this 
     heading awarded to the public housing agency that remain 
     unobligated and reallocate such funds to agencies that are in 
     compliance with such requirement: Provided further, That in 
     administering funds appropriated or otherwise made available 
     under this heading, the Secretary may waive or specify 
     alternative requirements for any provision of any statute or 
     regulation in connection with the obligation by the Secretary 
     or the use of such funds (except for requirements related to 
     fair housing, nondiscrimination, labor standards, and the 
     environment), upon a finding that such a waiver is necessary 
     to expedite or facilitate the use of such funds: Provided 
     further, That, in addition to waivers authorized under the 
     preceding proviso, the Secretary may direct that requirements 
     relating to the procurement of goods and services arising 
     under State and local laws and regulations shall not apply to 
     funds provided under this heading.

                   Community Planning and Development


                           HOUSING TRUST FUND

       For the Housing Trust Fund established pursuant to section 
     1338 of the Federal Housing Enterprises Financial Safety and 
     Soundness Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for 
     use under such section: Provided, That of the total amount 
     provided under this heading, $65,000,000 shall be available 
     to the Secretary of Housing and Urban Development only for 
     incremental project-based voucher assistance or project-based 
     rental assistance, to be allocated to States pursuant to the 
     formula established under such section 1338, to be used 
     solely in conjunction with grant funds awarded under such 
     section 1338.

               CHAPTER 7--GENERAL PROVISIONS, THIS TITLE


                             tarp reduction

       Sec. 1701. The limitation under section 115(a)(3) of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5225(a)(3)) in effect on the (date of the enactment of this 
     Act is decreased by $150,000,000,000.


                             LIMIT ON FUNDS

       Sec. 1702. All funds provided under this title shall be 
     subject to the requirements of section 1604 of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5).


                  RECOVERY ACT REPORTING REQUIREMENTS

       Sec. 1703. (a) Funds made available by this title shall be 
     subject to the reporting, transparency, and oversight 
     requirements established by title XV of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5), on the same basis as funds made available in division 
     A of that Act.
       (b) Amounts appropriated in division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5) to 
     any Office of Inspector General or to the Recovery 
     Accountability and Transparency Board shall also be available 
     for the same purposes with respect to any programs, grants, 
     projects, and activities for which funds are made available 
     by this title.

               TITLE II--SURFACE TRANSPORTATION EXTENSION


                              short title

       Sec. 2001. This title may be cited as the ``Surface 
     Transportation Extension Act of 2009''.


                          federal-aid highways

       Sec. 2002. (a) In General.--
       (1) Applicability of provisions.--Except as provided in 
     this title, requirements, authorities, conditions, 
     eligibilities, limitations, and other provisions authorized 
     under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the 
     SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 
     1572), titles I and VI of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1914), 
     titles I and V of the Transportation Equity Act for the 21st 
     Century (112 Stat. 107), and title 23, United States Code 
     (excluding chapter 4 of that title), which would otherwise 
     expire on or cease to apply after September 30, 2009, or the 
     date specified in section 106(3) of the Continuing 
     Appropriations Resolution, 2010 (Public Law 111-68), are 
     incorporated by reference and shall continue in effect 
     through September 30, 2010.
       (2) Authorization of appropriations.--Except as provided in 
     subsection (b), there are authorized to be appropriated out 
     of the Highway Trust Fund (other than the Mass Transit 
     Account) for fiscal year 2010 an amount equal to the sum of 
     the amounts authorized to be appropriated out of the Highway 
     Trust Fund (other than the Mass Transit Account) for 
     programs, projects, and activities for fiscal year 2009 under 
     titles I, V, and VI of SAFETEA-LU (119 Stat. 1144) and title 
     23, United States Code (excluding administrative expenses 
     under section 104(a) and programs, projects, and activities 
     under chapter 4 of that title), minus $1,394,358,419.
       (3) Use of funds.--
       (A) Fiscal year 2010.--Except as otherwise expressly 
     provided in this title, funds authorized to be appropriated 
     under paragraph (2) for fiscal year 2010 shall be 
     distributed, administered, limited, and made available for 
     obligation in the same manner as the total amount of funds 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account) for fiscal year 2009 to 
     carry out programs, projects, activities, eligibilities, and 
     requirements under SAFETEA-LU (119 Stat. 1144), the SAFETEA-
     LU Technical Corrections Act of 2008 (122 Stat. 1572), titles 
     I and VI of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 1914), titles I and V of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     107), and title 23, United States Code (excluding chapter 4 
     of that title).
       (B) Calculation.--The amounts authorized to be appropriated 
     under paragraph (2) shall be calculated without regard to any 
     rescission or cancellation of funds or contract authority for 
     fiscal year 2009 under SAFETEA-LU (119 Stat. 1144) or any 
     other law.
       (C) Distribution between programs.--Funds authorized to be 
     appropriated under paragraph (2) shall be distributed under 
     subparagraph, (A) among programs, projects, and activities 
     referenced in such subparagraph in the ratio that--
       (i) the amount authorized to be appropriated out of the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     such program, project, or activity for fiscal year 2009; bear 
     to
       (ii) the amount authorized to be appropriated out of the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     all such programs, projects, and activities for fiscal year 
     2009.
       (D) Contract authority.--
       (i) In general.--Except as provided in clause (ii), funds 
     authorized to be appropriated under this subsection shall be 
     available for obligation in the same manner as if such funds 
     were apportioned under chapter 1 of title 23, United States 
     Code, and subject to a limitation on obligations for Federal-
     aid highways and highway safety construction programs 
     included in an Act making appropriations for fiscal year 
     2010.
       (ii) Exceptions.--

       (I) In general.--A limitation on obligations described in 
     clause (i) shall not apply to any obligation under--

       (aa) section 125 of title 23, United States Code; or
       (bb) section 105 of title 23, United States Code, but only 
     in an amount equal to $639,000,000.

       (II) Special rules.--Except as otherwise expressly provided 
     by this title, any special rule that applied in fiscal year 
     2009 to any program, project, or activity for which funds are 
     authorized to be appropriated under paragraph (2) shall 
     continue to apply through September 30, 2010.

       Extension flexibility for certain allocated programs.--
       (A) Fiscal year 2010.--
       (i) In general.--Notwithstanding any other provision of 
     law, for fiscal year 2010, the portion of the share of funds 
     of a State under paragraph (2) determined by the amount that 
     the State received or was authorized to receive for fiscal 
     year 2009 to carry out sections 1307, 1702, and 1934 of 
     SAFETEA-LU (119 Stat. 1217, 1256, and 1485) and section 
     144(f)(1) of title 23, United States Code, shall be--

       (I) made available to the State for programs specified in 
     section 105(a)(2) of title 23, United States Code (except the 
     high priority projects program), and in the same proportion 
     for each such program that--

[[Page 32501]]

       (aa) the amount apportioned to the State for that program 
     for fiscal year 2009; bears to
       (bb) the amount apportioned to the State for fiscal year 
     2009 for all such programs; and

       (II) administered in the same manner and with the same 
     period of availability as such funding as administered under 
     programs identified in clause (i), except that no funds may 
     be used to carry out the project described in section 
     1307(d)(1) of SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).

       (ii) Territories and puerto rico.--

       (I) In general.--Notwithstanding any other provision of 
     law, the portion of the share of funds of a territory or 
     Puerto Rico under paragraph (2) determined by the amount that 
     the territory or Puerto Rico received or was authorized to 
     receive for fiscal year 2009 to carry out section 1934 of 
     SAFETEA-LU (119 Stat. 1485), shall be--

       (aa) for a territory, made available and administered in 
     the same manner as funding is made available and administered 
     under section 215 of title 23, United States Code; and
       (bb) for Puerto Rico, made available and administered in 
     the same manner as funding is made available and administered 
     under section 165 of title 23, United States Code.

       (II) Territory defined.--In this clause, the term 
     ``territory'' means any of the following territories of the 
     United States: American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, or the United States Virgin 
     Islands.

       (B) Additional funds.--
       (i) In general.--No additional funds shall be provided for 
     any project or activity under paragraph (3)(A) that the 
     Secretary of Transportation determines was sufficiently 
     funded before or during fiscal year 2009 to achieve the 
     authorized purpose of the project or activity.
       (ii) Reservation and redistribution among states.--

       (I) In general.--Funds made available in accordance with 
     paragraph (3)(A) for a project or activity described in 
     clause (i) shall be--

       (aa) reserved by the Secretary of Transportation; and
       (bb) apportioned among all States such that each State's 
     share of funds so apportioned is equal to the State's share 
     for fiscal year 2009 of funds apportioned or allocated for 
     the programs specified in subclause (II).

       (II) Specific programs.--The programs referred to in 
     subclause (I) are--

       (aa) the programs listed in section 105(a)(2) of title 23, 
     United States Code;
       (bb) the program authorized by section 144(f)(1) of such 
     title; and
       (cc) the program authorized by section 1934 of SAFETEA-LU 
     (119 Stat. 1485).
       (iii) Distribution among programs.--Funds apportioned to a 
     State pursuant to clause (ii) shall be--
       (I) made available to the State for programs specified in 
     section 105(a)(2) of title 23, United States Code (except the 
     high priority projects program), and in the same proportion 
     fir each such program that--
       (aa) the amount apportioned to the State for that program 
     fir fiscal year 2009; bears to
       (bb) the amount apportioned to the State for fiscal year 
     2009 for all such programs; and
       (II) administered in the same manner and with the same 
     period of availability as such, funding is administered under 
     programs identified in subclause (I).
       (C) Competitive distribution of certain discretionary 
     funds.--
       (i) Projects of national and regional significance.--
     Notwithstanding section 1301(m) of SAFETEA-LU (119 Stat. 
     1202), the Secretary shall allocate funds authorized to be 
     appropriated under paragraph (2) for the projects of national 
     and regional significance program on the basis of a 
     competitive selection process in accordance with sections 
     1301(d), 1301(e), and 1301(f) of that Act (119 Stat. 1199).
       (ii) National corridor infrastructure improvement 
     program.--Notwithstanding section 1302 (e) of SAFETEA-LU (119 
     Stat. 1205), the Secretary shall allocate finds authorized to 
     be appropriated under paragraph (2) for the national corridor 
     infrastructure improvement program on the basis of a 
     competitive selection process in accordance with section 
     1302(b) of that Act (119 Stat. 1204).
       (5) Extension of authorization under title v of safetea-
     lu.--
       (A) In general.--The programs authorized under paragraphs 
     (1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat. 
     1779) shall be continued for fiscal year 2010 at the funding 
     levels authorized for those programs for fiscal year 2009.
       (B) Distribittion of funds.--Funds for programs continued 
     under subparagraph (A) shall be distributed to major program 
     areas under those programs in the same proportions as funds 
     were allocated for those program areas for fiscal year 2009, 
     except that designations for specific activities shall not be 
     required to be continued for fiscal year 2010.
       (C) Additional funds.--
       (i) In general.--No additional funds shall be provided for 
     any project or activity under this paragraph that the 
     Secretary of Transportation determines was sufficiently 
     funded before or during fiscal year 2009 to achieve the 
     authorized purpose of the project or activity.
       (ii) Distribution.--Funds that would have been made 
     available under subparagraph (A) for a project or activity 
     but for the prohibition under clause (i) shall be distributed 
     in accordance with subparagraph (B).
       (b) Administration Expenses.--
       (1) Authorization of contract authority.--Notwithstanding 
     other provision of this title or any other law, there is 
     authorized to be appropriated from the Highway Trust Fund 
     (other than the Mass Transit Account), $420,562,000 for 
     administrative expenses of the Federal-aid highway program 
     for fiscal year 2010.
       (2) Contract authority.--Funds authorized to be 
     appropriated by this subsection shall be--
       (A) available for obligation, and shall be administered, in 
     the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code, except that such 
     funds shall remain available until expended; and
       (B) subject to a limitation on obligations for Federal-aid 
     highways and highway safety construction programs included in 
     an Act making appropriations for fiscal year 2010.
       (c) Reconciliation of Funds.--The Secretary shall reduce 
     the amount apportioned or allocated for a program, project, 
     or activity continued under this section by any amount 
     apportioned or allocated for such program, project, or 
     activity pursuant to the Continuing Appropriations 
     Resolution, 2010 (Public Law 111-68).
       (d) References.--Except as otherwise expressly provided, 
     any reference in this section to an Act, or a provision 
     contained in on Act, shall be considered to include the 
     amendments made by that Act or provision.


EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

       Sec. 2003. (a) Chapter 4 Highway Safety Programs.--Section 
     2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
       (1) by striking ``and''; and
       (2) by inserting after ``2009'' the following: ``, and 
     $235,000,000 for fiscal year 2010''.
       (b) Highway Safety Research and Development.--Section 
     2001(a)(2) of such Act (119 Stat. 1519) is amended--
       (1) by striking ``and''; and
       (2) by inserting after ``2009'' the following: ``, and 
     $105,500,000 for fiscal year 2010''.
       (c) Occupant Protection Incentive Grants.--
       (1) Extension of program.--Section 405 of title 23, United 
     States Code, is amended--
       (A) in subsection (a)(3) by striking ``6'' and inserting 
     ``7''; and
       (B) in subsection (a)(4)(C) by striking ``in each of the 
     fifth and sixth fiscal years beginning after September 30, 
     2003,'' and inserting ``in each subsequent fiscal year''.
       (2) Authorization of appropriations.--Section 2001(a)(3) of 
     such Act (119 Stat. 1519) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the following: ``, and 
     $25,000,000 for fiscal year 2010''.
       (d) Safety Belt Performance Grants.--
       (1) Extension of program.--Section 406(c)(1) of title 23, 
     United States Code, is amended by striking ``2009'' and 
     inserting ``2010''.
       (2) Authorization of appropriations.--Section 2001(a)(4) of 
     such Act (119 Stat. 1519) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the following: ``, and 
     $124,500,000 for fiscal year 2010''.
       (e) State Traffic Safety Information System Improvements.--
     Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--
       (1) by striking ``and''; and
       (2) by inserting after ``2009'' the following: ``, and 
     $34,500,000 for fiscal year 2010''.
       (f) Alcohol-Impaired Driving Countermeasures Incentive 
     Grant Program.--
       (1) Extension of program.--Section 410 of title 23, United 
     States Code, is amended--
       (A) in subsection (a)(3)(C) by striking ``in each of the 
     fifth, sixth, seventh, and eighth fiscal years'' and 
     inserting ``in each subsequent fiscal year''; and
       (B) in subsection (b)(2)(C) by striking ``and 2009'' and 
     inserting ``, 2009, and 2010''.
       (2) Authorization of appropriations.--Section 2001(a)(6) of 
     such Act (119 Stat. 1519) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the following: ``, and 
     $139,000,000 for fiscal year 2010''.
       (g) National Driver Register.--Section 2001(a)(7) of such 
     Act (119 Stat. 1520) is amended--
       (1) by striking ``and''; and
       (2) by inserting after ``2009'' the following: ``and 
     $4,000,000 for fiscal year 2010''.
       (h) High Visibility Enforcement Program.--
       (1) Extension of program.--Section 2009(a) of such Act (23 
     U.S.C. 402 note; 119 Stat. 1535) is amended by striking 
     ``2009'' and inserting ``2010'.
       (2) Authorization of appropriations.--Section 2001(a)(8) of 
     such Act (119 Stat. 1520) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the second place it appears 
     the following: ``, and $29,000,000 for fiscal year 2010''.
       (i) Motorcyclist safety.--
       (1) Extension of program.--Section 2010(d)(1)(B) of such 
     Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by 
     striking ``and fourth'' and inserting ``fourth, and fifth''.
       (2) Authorization of appropriations.--Section 2001(a)(9) of 
     such Act (119 Stat. 1520) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the following: ``, and 
     $7,000,000 far fiscal year 2010''.
       (j) Child Safety and Child Booster Seat Safety Incentive 
     Grants.--
       (1) Extension of program.--Section 2011(c)(2) of such Act 
     (23 U.S.C. 405 note; 119

[[Page 32502]]

     Stat. 1538) is amended by striking ``fourth fiscal year'' and 
     inserting ``fourth and fifth fiscal years''.
       (2) Authorization of appropriations.--Section 2001(a)(10) 
     of such Act (11.9 Stat. 1520) is amended--
       (A) by striking ``and''; and
       (B) by inserting after ``2009'' the following: ``, and 
     $7,000,000 for fiscal year 2010''.
       (k) Administrative Expenses.--Section 2001(a)(11) of such 
     Act (119 Stat. 1520) is amended--
       (1) by striking ``and'' the last place it appears; and
       (2) by inserting after ``2009'' the following: ``, and 
     $18,500,000 for fiscal year 2010''.
       (l) Applicability of Title 23.--Section 2001(c) of such Act 
     (119 Stat. 1520) is amended by striking ``2009'' and 
     inserting ``2010''.
       (m) Drug-Impaired Driving Enforcement.--Seetion 5013(7) of 
     such Act (23 U.S.C. 103 note; 119 Stat. 1:540) is amended by 
     striking ``2009'' and inserting ``2010''.
       (n) Older Driver Safety; Law Enforcement Training.--Section 
     2017 of such Act (23 (U.S.C. 402 note; 119 Stat. 1541) is 
     amended--
       (1) in subsection (a)(1) by striking ``2009'' and inserting 
     ``2010''; and
       (2) in subsection (b)(2) by striking ``2009'' and inserting 
     ``2010''.


   EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS

        Sec. 2004. (a) Motor Carrier Safety Grants--Section 
     31104(a) of title 49, United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) $212,070,000 for fiscal year 2010.''.
       (b) Administrative Expenses.--Section 31104(1)(1) of title 
     49, United States Code is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) $239,828,000 for fiscal year 2010.''.
       (c) High Priority Activities.--Section 31104(k)(2) of title 
     49, United States Code, is amended by striking ``2009'' and 
     inserting ``2010''.
       (d) Grant Program.--Section 4104(c) of SAFETEA-LU (119 
     Stat. 1715) is amended--
       (1) in paragraph (1) by striking ``2009'' and inserting 
     ``2010'';
       (2) in paragraph (2) by striking ``and 2009'' and inserting 
     ``2009, and 2010'';
       (3) in paragraph (3) by striking ``and 2009'' and inserting 
     ``2009, and 2010'';
       (4) in paragraph (4) by striking ``2009'' and inserting 
     ``2010''; and
       (5) in paragraph (5) by striking ``2009'' and inserting 
     ``2010''.
       (e) Commercial Driver's License Information System 
     Modernization.--Section 4123(d) of SAFETEA-LU (119 Stat. 
     1736) is amended--
       (1) by striking ``and'' at the end of paragraph. (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding it the end the following:
       ``(5) $8,000,000 for fiscal year 2010.''.
       (f) Outreach and Education.--Section 4127(e) of such Act 
     (119 Stat. 1741) is amended by striking ``and 2009'' and 
     inserting ``2009, and 2010''.
       (g) Grant Program for Commercial Motor Vehicle Operators.--
     Section 4134(c) of such Act (119 Stat. 1744) is amended by 
     striking ``2009'' and inserting ``2010''.
       (h) Working Group for Development of Practices and 
     Procedures to Enhance Federal-State Relations.--Section 
     4213(d) of such Act (119 Stat. 1759) is amended by striking 
     ``2009'' and inserting ``2010''.
       (i) Office of Intermodalism.--Section 5503(1) of title 49, 
     United States Code, is amended by striking ``2009'' and 
     inserting ``2010''.


            EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS

       SEC. 2005. (a) Extension of Federal Transit Assistance 
     Programs.--Except as otherwise provided in this title, 
     requirements, authorities, conditions, eligibilities, 
     limitations, and other provisions authorized under title III 
     of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical 
     Corrections Act of 2008 (122 Stat. 1572), title III of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2087), title III of the Transportation Equity Act for 
     the 21st Century (112 Stat. 338), and chapter 53 of title 49, 
     United States Code, which would otherwise expire on or cease 
     to apply after September 30, 2009, or the date specified in 
     section 106(3) of the Continuing Appropriations Resolution, 
     2010 (Public Law 111-68), are incorporated by reference and 
     shall continue in effect through September 30, 2010.
       (b) Authorizations.--For fiscal year 2010--
       (1) their shall be available from the Mass Transit Account 
     of the Highway Trust Fund $8,343,171,000 for each Federal 
     transit assistance program under section 5338(b) of title 49, 
     United States Code, to be allocated among such programs in 
     proportion to the amounts provided for each such program in 
     fiscal year 2009; and
       (2) there is authorized to be appropriated $2,164,581,000 
     for each Federal transit program under subsections (c) and 
     (d) of section 5338 of title 49, United States Code, and for 
     administrative expenses under subsection (e) of such section.
       (c) Exceptions.--
       (1) Projects for Bus and Bus-Related Facilities and Clean 
     Fuels Grant Program.--The project designations contained in 
     section 3044 of SAFETEA-LU ( 119 Stat. 1652) shall not apply 
     to funds made available under subsection (b)(1).
       (2) Allocations for National Research and Technology 
     Programs.--A program, project, or activity identified in 
     section 3046 of SAFETEA-LU (119 Stat 1706) that the Secretary 
     of Transportation determines was sufficiently funded before 
     or during fiscal year 2009 to achieve the authorized purpose 
     of the program, project, or activity shalt not be eligible 
     for funds authorized to be appropriated under subsection 
     (b)(2).
       (d) Contract Authority--A grant or contract approved by the 
     Secretary and financed with amounts made available from the 
     Mass Transit Account of the Highway Trust Fund through 
     September 30, 2010, to carry out sections 5305, 5307, 5308, 
     5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of 
     title 49, United States Code, and section 3038 of the 
     Transportation Equity Act for the 21st Century (49 U.S.C. 
     5310 note; 112 Stat. 392) is a contractual obligation of the 
     Government to pay the Federal share of the cost of the 
     project.
       (e) Reconciliation of Funds.--The Secretary shall reduce 
     the amount apportioned or allocated for a program, project, 
     or activity continued under this section by any amount 
     apportioned or allocated for such program, project, or 
     activity pursuant to the Continuing Appropriation Resolution, 
     2010 (Public Law 111-68).
       (f) References.--Except as otherwise expressly provided, 
     any reference in this section to an Act, or a provision 
     contained in an Act, shall be considered to include the 
     amendments made by that Act or provision.


                        boating safety extension

       Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish 
     Restoration Act (16 U.S.C. 777c) is amended--
       (1) in subsection (a) by striking ``2009, and the period 
     from October 1, 2009, and the period from October 1, 2009, 
     through the date specified in section 106(3) of the first 
     Continuing Appropriations Resolution for Fiscal Year 2010 
     enacted into law, and inserting ``2010,''; and
       (2) in subsection (b)(1)(A) by striking ``2009 and the 
     period from October 1, 2009, through the date specified in 
     section 106(3) of the first Continuing Appropriations 
     Resolution for Fiscal Year 2010 enacted into law,'' and 
     inserting ``2010,''.


                    LEVEL OF OBLIGATION LIMIITATIONS

       Sec. 2007. (a) Highway Category--Section 8003(a) of 
     SAFETEA-LU (119 Stat. 1917) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) for fiscal year 2010, $42,469,970,178.''.
       (b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU 
     (119 Stat. 1917) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (5) the following:
       ``(6) for fiscal year 2010, $10,338,065,000.''.


                      HAZARDOUS MATERIALS RESEARCH

       SEC. 2008. Section 7131(e) of SAFETEA-LU (119 Stat. 1910) 
     is amended by striking ``2009'' and inserting ``2010''.


   EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS

       SEC. 2009. (a) Highway Trust Fund.--
       (1) Highway Account.--Paragraph (1) of section 9503(c) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by striking ``September 30, 2009 (October 1, 2009'' and 
     inserting ``September 30, 2010 (October 1, 2010'', and
       (B) by striking ``under'' and all that follows and 
     inserting ``under the Surface Transportation Extension Act of 
     2009 or any other provision of law which was referred to in 
     this paragraph before the date of the enactment of such Act 
     (as such Act and provisions of law are in effect on the date 
     of the enactment of such Act).''.
       (2) Mass Transit Account.--Paragraph (3) of section 
     95303(e) of such Code is amended--
       (A) by striking ``October 1, 2009'' and inserting ``October 
     1, 2010'', and
       (B) by striking ``in accordance with'' and all that follows 
     and inserting ``in accordance with the Surface Transportation 
     Extension Act of 2009 or any other provision of law which was 
     referred to in this paragraph before the date of the 
     enactment of such Act (as such Act and provisions of law are 
     in effect on the date of the enactment of such Act).''.
       (3) Exception to Limitation on Transfers.--Subparagraph (B) 
     of section 9503(b)(6) of such Code is amended by striking 
     ``September 30, 2009 (October 1, 2009'' and inserting 
     ``September 30, 2010 (October 1, 2010''.
       (b) Sport Fish Restoration and Boating Trust Fund.--
       (1) In General.--Paragraph (2) of section 9504(b) of such 
     Code is amended--
       (A) by striking ``(as in effect'' in subparagraph. (A) and 
     all that follows in such subparagraph and inserting ``(as in 
     effect on the date of the enactment of the Surface 
     Transportation Extension Act of 2009),'',
       (B) by striking ``(as in effect'' in subparagraph (B) and 
     all that follows in such subparagraph and inserting ``(as in 
     effect on the date of the enactment of the Surface 
     Transportation Extension Act of 2009), and'', and
       (C) by striking ``(as in effect'' in subparagraph (C) and 
     all that follows in such subparagraph and inserting ``(as in 
     effect on the date of

[[Page 32503]]

     the enactment of the Surface Transportation Extension Act of 
     2009).''.
       (2) Exception to limitation on transfers.--Paragraph (2) of 
     section 9504(d) of such Code is amended by striking ``October 
     1, 2009'' and inserting ``October 1, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on September 30, 2009.


              DETERMINATION OF HIGHWAY TRUST FUND BALANCES

       Sec. 2010. (a) Restoration of Certain Foregone Interest to 
     Highway Trust Fund.--Subsection (f) of section 9503 of the 
     Internal Revenue Code of 1986 (relating to determination of 
     trust fund balances after September 30, 1998) is amended--
       (1) by striking paragraph (2); and
       (2) by adding at the end the following new paragraph:
       ``(2) Restoration of foregone interest.--Out of money in 
     the Treasury not otherwise appropriated, there is hereby 
     appropriated (without fiscal year limitation)--
       ``(A) $14,700,000,000 to the Highway Account (as defined in 
     subsection (e)(5)(B)) of the Highway Trust Fund, and
       ``(B) $4,800,000,000 to the Mass Transit Account of the 
     Highway Trust Fund.''.
       (b) Repeal of Provision Prohibiting Crediting of Interest 
     to Highway Trust Fund.--
       (1) In general.--Paragraph (1) of section 9503(f) of such 
     Code is amended by striking subparagraph (B).
       (2) Conforming amendments.--Such paragraph, as amended by 
     paragraph (1), is further amended--
       (A) by striking ``, and'' at the end of subparagraph (A) 
     and inserting a period, and
       (B) by striking ``1998'' in the matter preceding 
     subparagraph (A) and all that follows through ``the opening 
     balance'' and inserting ``1998, the opening balance''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.


 REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITS

       Sec. 2011. (a) In General.--Subsection (c) of section 9503 
     of the Internal Revenue Code of 1986 is amended by striking 
     paragraph (2) and by redesignating paragraphs (3), (4), (5), 
     and (6) as paragraphs (2), (3), (4), and (5).
       (b) Conforming Amendments.--
       (1) Section 9502(a) of such Code is amended by striking 
     ``section 9503(c)(7)'' and inserting ``section 9503(c)(5)''.
       (2) Section 9503(b)(4)(D) of such Code is amended by 
     striking ``paragraph (4)(D) or (5)(B)'' and inserting 
     ``paragraph, (3)(D) or (4)(B)''.
       (3) Section 9503(c)(2) of such Code, as redesignated by 
     subsection (a), is amended by adding at the end the following 
     sentence: ``The amounts payable from the Highway Trust Fund 
     under the preceding sentence shall be determined by taking 
     into account only the portion of the taxes which are 
     deposited into the Highway Trust Fund.''.
       (4) Section 9503(e)(5)(A) of such Code is amended by 
     striking ``paragraphs (2), (3), and (4)'' and inserting 
     ``paragraphs (2) and (3)''.
       (5) Section 9504(a) of such Code is amended by striking 
     ``section 9503(c)(4), section 9503(c)(5)'' and inserting 
     ``section 9503(c)(3), section 9503(c)(4)''.
       (6) Section 9504(b)(2) of such Code is amended by striking 
     ``section 9503(c)(5)'' and inserting ``section 9503(c)(4)''.
       (7) Section 9504(e) of such Code is amended by striking 
     ``section 9503(c)(4)'' and inserting ``section 9503(c)(3)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid, and credits allowed with respect 
     to fuel used, in calendar quarters beginning after the date 
     of the enactment of this Act.


                             FEDERAL SHARE

       Sec. 2012. (a) In General.--Notwithstanding any other 
     provision of law, the Federal share of the cost of a covered 
     project or activity (or portion of a covered project or 
     activity) funded with amounts obligated during the period 
     beginning on the date of enactment of this Act and ending on 
     September 30, 2010, shall be, at the option of the recipient, 
     up to 100 percent.
       (b) Covered Project or Activity Defined.--
       (1) In general.--In this section, the term ``covered 
     project or activity'' means a project or activity eligible 
     for assistance under titles I through VI of SAFETEA-LU (119 
     Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 
     (122 Stat. 1572), titles 1 through VI of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     1914), titles I through V of the Transportation Equity Act 
     for the 21st Century (112 Stat. 107), title 23, United States 
     Code, chapter 53 of title 49, United States Code, chapter 303 
     of title 49, United States Code, chapter 303 of title 49, 
     United States Code, or part B of subtitle VI of title 49, 
     United States Code.
       (2) Exclusions.--Notwithstanding paragraph (1), the term 
     does not include a project or activity funded pursuant to--
       (A) seciton 1301 or 1302 of SAFETEA-LU (119 Stat. 1198, 
     1204); SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical 
     Corrections Act of 2008 (122 Stat. 1572), titles I through VI 
     of the Intermodal Surface Transportation Efficiency Act of 
     1991 (105 Stat. 1914), titles I through V of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     107), title 23, United States Code, chapter 303 of title 49, 
     United States Code, or part B of subtitle VI of title 49, 
     United States Code.
       (2) Exclusions.--Notwithstanding paragraph (1), the term 
     does not include a project or activity funded pursuant to 
     Chapter 53 of title 49, United States Code,
       (A) section 1301 Or 1302 of SAFETEA-LU (119 Stat. 1198, 
     1204);
       (B) section 5309(d) or 5309(e) of title 49, United States 
     Code;
       (C) the national infrastructure investments program in the 
     Office of the Secretary of Transportation; or
       (D) section 122 of the Department of Transportation 
     Appropriations Act, 2010.
       (c) References.--Any reference in this section to an Act, 
     or a provision contained in an Act, shall be considered 
     include the amendments made by that Act or provision.


buy america requirements for highway and public transportation projects

       Sec. 2013. (a) Highways.--Section 313 of title 23, United 
     States Code, is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (e) through (h), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Requirements for Issuance of Waivers.--
       ``(1) Public interest waivers.--The Secretary may issue a 
     waiver under subsection (b)(1) only after the Secretary has 
     considered the potential impacts of the waiver on domestic 
     manufacturing employment.
       ``(2) Insufficient domestic source waivers.--The Secretary 
     may issue a waiver under subsection (b)(2) with respect to a 
     material or product only if the Secretary publishes notice of 
     the waiver on the Internet for a period of at least 5 
     business days prior to issuance of the waiver and a 
     sufficient domestic source of the material or product does 
     not identify itself during the period.
       ``(d) Transparency of Waivers.--
       ``(1) In general.--When the Secretary receives a written 
     request for a waiver under this section, the Secretary 
     shall--
       ``(A) publish the request on the Internet within 5 business 
     days of the date of receipt of the request; and
       ``(B) if the Secretary decides to issue a waiver based on 
     the request, publish on the Internet, within 30 days 
     following the date of issuance of the waiver, a detailed 
     written justification as to why the waiver is necessary, 
     including an identification of the amount of Federal funds 
     associated with the waiver.
       ``(2) Employment impact statement.--In issuing a waiver 
     based on a finding under subsection (b)(1), the Secretary 
     shall include, as part of the Secretary's written 
     justification for the waiver decision, a statement detailing 
     the short- and long-term impact of the decision on domestic 
     manufacturing employment.''; and
       (3) by adding at the end the following:
       ``(1) Application to Bridge Projects.--In the case of a 
     bridge project, the requirements of this section apply to all 
     construction contracts carried out within the scope of the 
     applicable decision under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) and carried out on the 
     bridge from abutment to abutment (including the abutments) 
     regardless of the funding source of the contracts if at least 
     one contract for construction with respect to the bridge is 
     funded with amounts made available under this title.''.
       (b) Public Transportation.--Section 5323(j) of title 49, 
     United States Code, is amended--
       (1) in paragraph (2)(C) in the matter preceding clause (i) 
     by inserting ``, but excluding a rolling stock prototype'' 
     after ``equipment'';
       (2) by redesignating paragraphs (3) through (9) as 
     paragraphs (5) through (11), respectively; and
       (3) by inserting after paragraph (2) the following:
       ``(3) Requirements for issuance of waiver.--
       ``(A) Public interest waivers.--The Secretary may issue a 
     waiver under paragraph (2)(A) only after the Secretary has 
     considered the potential impacts of the waiver on domestic 
     manufacturing employment.
       ``(B) Insufficient domestic source waivers.--The Secretary 
     may issue a waiver under paragraph (2)(B) with respect to a 
     material or product only if the Secretary publishes notice of 
     the waiver on the Internet for a period of at least 5 
     business days prior to issuance of the waiver and a 
     sufficient domestic source of the material or product does 
     not identify itself during the period.
       ``(4) Transparency of waivers.--
       ``(A) In General.--When the Secretary receives a written 
     request for a waiver under this subsection, the Secretary 
     shall--
       ``(i) publish the request on the Internet within 5 business 
     days of the date of receipt of the request; and
       ``(ii) if the Secretary decides to issue a waiver based on 
     the request, publish on the Internet, within 30 days 
     following the date of issuance of the waiver, a detailed 
     written justification as to why the waiver is necessary, 
     including an identification of the amount of Federal funds 
     associated with the waiver.
       ``(B) Employment impact statement.--In issuing a waiver 
     based on a finding under paragraph (2)(A), the Secretary 
     shall include, as part of the Secretary's written 
     justification of the waiver decision, a statement detailing 
     the short- and long-term impact of the decision on domestic 
     manufacturing employment.''.
       (c) Implementation.--
       (1) Final guidance.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary shall issue final 
     guidance to carry out the amendments made by this section.
       (2) Effective date.--The requirements of the amendments 
     made by subsections (a) and (b)

[[Page 32504]]

     shall begin to apply only after issuance of final guidance by 
     the Secretary under paragraph (1).
       (d) Semiannual Report.--Not later than 6 months after the 
     date of enactment of this Act, and semiannually thereafter 
     through September 30, 2011, the Comptroller General shall 
     submit to the Committee on Transportation and Infrastructure 
     and the Committee on Education and Labor of the House of 
     Representatives and the Committee on Environment and Public 
     Works, the Committee on Banking, Housing, and Urban Affairs, 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate a report on the number of waivers issued by the 
     Secretary of Transportation under section 313(b) of title 23, 
     United States Code, and section 5323(j)(2) of title 49, 
     United States Code, the reasons relied upon for issuing the 
     waivers, and the amount of Federal funds associated with each 
     waiver and in total for the period examined.

           TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

                    General Provision, This Chapter


  RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF 
           AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT

       Sec. 3101. (a) In General.--To the extent permitted by the 
     Constitution, and notwithstanding any other period of 
     limitations, in the case of an eligible complaint alleging 
     discrimination in violation of the Equal Credit Opportunity 
     Act (15 U.S.C. 1691) involving a credit program of the 
     Department of Agriculture, a complainant may, before the end 
     of the filing period--
       (1) file a civil action under subsection (c); or
       (2) request administrative review under subsection (d).
       (b) Eligible Complaint.--For purposes of this section, the 
     term ``eligible complaint'' means any written complaint--
       (1) that is not employment related;
       (2) that was filed with the Department of Agriculture after 
     December 31, 1997, and before the earlier of--
       (A) 2 years after the date of the alleged violation of the 
     Equal Credit Opportunity Act; and
       (B) the date of the enactment of this Act; and
       (3) with respect to which the complainant--
       (A) was not a party to the consent decree in the case 
     entitled ``Pigford v. Glickman'', approved by the United 
     States District Court for the District of Columbia on April 
     14, 1999; and
       (B) has not obtained relief from the Department of 
     Agriculture or a court of competent jurisdiction.
       (c) Civil Action.--A civil action may be filed under this 
     subsection if, with respect to the eligible complaint, the 
     complainant--
       (1) has not requested administrative review; or
       (2) has requested administrative review, and the Secretary, 
     with respect to each request, has either--
       (A) issued a determination; or
       (B) failed to issue a determination by a date that is 180 
     days after the date such request was made.
       (d) Administrative Review.--Administrative review may be 
     requested under this subsection as follows:
       (1) Determination on the merits.--A complainant may request 
     a determination on the merits if the complainant, with 
     respect to the eligible complaint, has not filed a civil 
     action.
       (2) Hearing on the record--A complainant may request a 
     hearing on the record if the complainant, with respect to the 
     eligible complaint--
       (A) has not filed a civil action;
       (B) has requested a determination on the merits, and the 
     Secretary has not issued such determination by the issuance 
     deadline in subsection (f)(2)(A); and
       (C) requests such hearing no later than 180 days after the 
     issuance deadline in subsection (f)(2)(A).
       (e) Informal Resolution.--Notwithstanding any other 
     provision of this section, the Secretary may informally 
     resolve an eligible complaint with a complainant.
       (f) Special Rules for Administrative Review.--For purposes 
     of this section:
       (1) Requests for Administrative Review.--A request for 
     administrative review shall be--
       (A) in writing; and
       (B) filed in accordance with procedures established by the 
     Secretary.
       (2) Responsibility of secretary.--If a complainant requests 
     a determination, on the merits under subsection (d)(1), then, 
     unless a complainant, with respect to the eligible complaint, 
     files a civil action or requests a hearing on the record, the 
     Secretary shall, with respect to the eligible complaint, take 
     the following actions:
       (A) Issuance of determination.--The Secretary shall, not 
     later than an issuance deadline that is 1 year after the date 
     on which the complainant requests a determination on the 
     merits--
       (i) investigate the eligible complaint; and
       (ii) issue a written determination.
       (B) Notice of failure to issue timely determination.--If 
     the Secretary does not issue a written determination by the 
     issuance deadline in subparagraph (A), the Secretary shall 
     promptly issue to the Complainant, in writing and by 
     registered mail, notice--
       (i) that the Secretary has not issued a timely 
     determination; and
       (ii) of the period of time during which the complainant may 
     bring a civil action or request a hearing on the record.
       (3) Finality of determination with respect to hearing on 
     the record.--A determination with respect to a hearing on the 
     record shall be final.
       (4) Judicial review of administrative determination.--A 
     determination on the merits or a determination with respect 
     to a hearing on the record shall be subject to de novo 
     review.
       (g) Filing Period.--
       (1) In general.--For purposes of this section, the term 
     ``filing period'' means the 2-year period beginning on the 
     date of enactment of this Act.
       (2) Tolling.--The running of the filing period in paragraph 
     (1), for the purpose of filing a civil action under 
     subsection (c) or requesting a hearing on the record under 
     subsection (d)(2), shall be tolled for the period that, with 
     respect to the eligible complaint--
       (A) begins on the date of a request for a determination on 
     the merits; and
       (B) ends on the date on which the Secretary issues a 
     determination with respect to a determination on the merits 
     or a hearing on the record.
       (h) Relief.--
       (1) Amount.--Subject to paragraph (2), a complainant shall, 
     under subsection (a), and may, under subsection (e), be 
     awarded such relief as the complainant would be afforded 
     under the Equal Credit Opportunity Act, including--
       (A) actual damages;
       (B) the costs of the action, together with a reasonable 
     attorney's fee; and
       (C) debt relief; including--
       (i) write-downs or write-offs of the principal on a loan;
       (ii) write-downs or write-offs of the interest on a loan;
       (iii) reduction of the interest rate on a loan;
       (iv) waiver or reduction of penalties with respect to a 
     loan; or
       (v) other modification of the terms of a loan.
       (2) Limitations on relief.--
       (A) In general.--The total amount awarded under this 
     section for all claims shall not exceed $100,000,000.
       (B) Actual damages, costs, and attorney's fees.--The sum of 
     the total amount awarded under paragraph (1)(A) for all 
     claims, plus the total amount awarded under paragraph (1)(B) 
     for all claims, shall not exceed $40,000,000.
       (C) Debt relief.--The total amount awarded under paragraph 
     (1)(C) for all claims shall not exceed $60,000,000.
       (3) Exemption from taxation--Any award under clauses (ii), 
     (iii), or (iv) of subparagraph (C) of paragraph (1) shall not 
     be included in gross income for purposes of chapter 1 of the 
     Internal Revenue Code of 1986.
       (i) Funding.--
       (1) There is hereby appropriated to the Secretary, for 
     relief awarded under subsection (h)(1), $100,000,000, to 
     remain available until expended.
       (2) Of the funds derived from interest on the cushion of 
     credit payments including funds in the current fiscal year, 
     as authorized by section 313 of the Rural Electrification Act 
     of 1936, an additional $100,000,000 shall not be obligated 
     and an additional $100,000,000 are rescinded.
       (j) Secretary.--For purposes of this section, the term 
     ``Secretary'' means the Secretary of Agriculture.

          CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                     Small Business Administration


                     BUSINESS LOANS PROGRAM ACCOUNT

       For an additional amount for ``Business Loans Program 
     Account'' for fee reductions and eliminations under section 
     501 of division A of the American Recovery and Reinvestment 
     Act of 2009 (Public Law 111-5) and for the cost of guaranteed 
     loans under section 502 of such division, $354,000,000: 
     Provided, That such cost shall be as defined in section 502 
     of the Congressional Budget Act of 1974: Provided further, 
     That authority to guarantee loans under section 502 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 shall remain in effect through September 30, 2010, 
     notwithstanding subsection (f) of such section.

                    General Provision, This Chapter


                              RESCISSIONs

       Sec. 3201. The following funds are hereby rescinded from 
     the following accounts and programs in the specified amounts:
       (1) ``National Telecommunications and Information 
     Administration--Digital-to-Analog Converter Box Program'' in 
     the Department of Commerce, $111,000,000.
       (2) ``Special Supplemental Nutrition Program for Women, 
     Infants, and Children (WIC)'' of the Department of 
     Agriculture, $243,000,000, to be derived from unobligated 
     balances available from amounts placed in reserve in title I 
     of division A of the American Recovery and Reinvestment Act 
     of 2009 (Public Law 111-5; 123 Stat. 115).

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                    General Provisions, This Chapter


       ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

       Sec. 3301. (a)(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``December 31, 2009'' each place it appears 
     and inserting ``June 30, 2010'';
       (B) in the heading for subsection (b)(2), by striking 
     ``December 31, 2009'' and inserting ``June 30, 2010''; and
       (C) in subsection (b)(3), by striking ``May 31, 2010'' and 
     inserting ``November 30, 2010''.
       (2) Section 2002(e) of the Assistance for Unemployed 
     Workers and Struggling Families Act, as

[[Page 32505]]

     contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 
     438), is amended--
       (A) in paragraph (1)(B), by striking ``January 1, 2010'' 
     and inserting ``July 1, 2010'';
       (B) in the heading for paragraph (2), by striking ``January 
     1, 2010'' and inserting ``July 1, 2010''; and
       (C) in paragraph (3), by striking ``June 30, 2010'' and 
     inserting ``December 31, 2010''.
       (3) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``January 1, 2010'' each place it appears 
     and inserting ``July 1, 2010''; and
       (B) in subsection (c), by striking ``June 1, 2010'' and 
     inserting ``December 1, 2010''.
       (4) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``May 30, 2010'' and inserting ``November 
     30, 2010''.
       (b) Section 4004(e)(1) of the Supplemental Appropriations 
     Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is 
     amended by striking ``by reason of'' and all that follows and 
     inserting the following: ``by reason of--
       ``(A) the amendments made by section 2001(a) of the 
     Assistance for Unemployed Workers and Struggling Families 
     Act;
       ``(B) the amendments made by sections 2 through 4 of the 
     Worker, Homeownership, and Business Assistance Act of 2009; 
     and
       ``(C) the amendments made by section 3301(a)(1) of the Jobs 
     for Main Street Act, 2010; and''.


   EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS

       Sec. 3302. (a) Extension of Eligibility Period.--Subsection 
     (a)(3)(A) of section 3001 of division B of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``June 30, 2010''.
       (b) Extension of Maximum Duration of Assistance.--
     Subsection (a)(2)(A)(ii)(I) of such section is amended by 
     striking ``9 months'' and inserting ``15 months''.
       (c) Rules Related to 2009 Extension.--Subsection (a) of 
     such section is further amended by adding at the end the 
     following:
       ``(16) Rules related to 2009 extension.--
       ``(A) Election to pay premiums retroactively and maintain 
     cobra coverage.--In the case of any premium for a period of 
     coverage during an assistance eligible individual's 
     transition period, such individual shall be treated for 
     purposes of any COBRA continuation provision as having timely 
     paid the amount of such premium if--
       ``(i) such individual was covered under the COBRA 
     continuation coverage to which such premium relates for the 
     period of coverage immediately preceding such transition 
     period, and
       ``(ii) such individual pays, not later than 60 days after 
     the date of the enactment of this paragraph (or, if later, 30 
     days after the date of provision of the notification required 
     under subparagraph (D)(ii)), the amount of such premium, 
     after the application of paragraph (1)(A).
       ``(B) Refunds and credits for retroactive premium 
     assistance eligibility.--In the case of an assistance 
     eligible individual who pays, with respect to any period of 
     COBRA continuation coverage during such individual's 
     transition period, the premium amount for such coverage 
     without regard to paragraph (1)(A), rules similar to the 
     rules of paragraph (12)(E) shall apply.
       ``(C) Transition period.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `transition period' means, with respect to any assistance 
     eligible individual, any period of coverage if--

       ``(I) such period begins before the date of the enactment 
     of this paragraph, and
       ``(II) paragraph (1)(A) applies to such period by reason of 
     the amendment made by section 3302(b) of the Jobs for Main 
     Street Act, 2010.

       ``(ii) Construction.--Any period during the period 
     described in subclauses (I) and (II) of clause (i) for which 
     the applicable premium has been paid pursuant to subparagraph 
     (A) shall be treated as a period of coverage referred to in 
     such paragraph, irrespective of any failure to timely pay the 
     applicable premium (other than pursuant to subparagraph (A)) 
     for such period.
       ``(D) Notification.--
       ``(i) In general.--In the case of an individual who was an 
     assistance eligible individual at any time on or after 
     October 31, 2009, or experiences a qualifying event 
     (consisting of a reduction of hours or termination of 
     employment) relating to COBRA continuation coverage on or 
     after such date, the administrator of the group health plan 
     (or other entity) involved shall provide an additional 
     notification with information regarding the amendments made 
     by the Jobs for Main Street Act, 2010 within 60 days after 
     the date of the enactment of such Act or, in the case of a 
     qualifying event occurring after such date of enactment, 
     consistent with the timing of notifications under paragraph 
     (7)(A).
       ``(ii) To individuals who lost assistance.--In the case of 
     an assistance eligible individual described in subparagraph 
     (A)(i) who did not timely pay the premium for any period of 
     coverage during such individual's transition period or paid 
     the premium for such period without regard to paragraph 
     (1)(A), the administrator of the group health plan (or other 
     entity) involved shall provide to such individual, within the 
     first 60 days of such individual's transition period, an 
     additional notification with information regarding the 
     amendments made by the Jobs for Main Street Act, 2010, 
     including information on the ability under subparagraph (A) 
     to make retroactive premium payments with respect to the 
     transition period of the individual in order to maintain 
     COBRA continuation coverage.
       ``(iii) Application of rules.--Rules similar to the rules 
     of paragraph (7) shall apply with respect to notifications 
     under this subparagraph.''.
       (d) Clarifications relating to Section 3001 of ARRA.--
       (1) Clarification that eligibility and notice is based on 
     timing of qualifying event.--Subsection (a) of such section 
     is amended--
     (A) in paragraph (3)(A)--
       (i) by striking ``at any time'' and inserting ``such 
     qualified beneficiary is eligible for COBRA continuation 
     coverage related to a qualifying event occurring''; and
       (ii) by striking ``, such qualified beneficiary is eligible 
     for COBRA continuation coverage''; and
       (B) in paragraph (7) (A), by striking ``become entitled to 
     elect COBRA continuation coverage and inserting ``have a 
     qualifying event relating to COBRA continuation coverage''.
       (2) Clarification regarding retiree coverage.--Subsection 
     (a)(2)(A)(i) of such section is amended by inserting 
     ``coverage under a retiree health plan,'' after ``other 
     than''.
       (3) Clarification regarding cobra continuation resulting 
     from reductions in hours.--Subsection (a) of such section is 
     further amended--
       (A) in paragraph (3)(C), by inserting before the period at 
     the end the following: ``or consists of a reduction of hours 
     followed by such an involuntary termination of employment 
     during such period''; and
       (B) by adding at the end the following:
       ``(17) Special rules in case of individuals losing coverage 
     because of a reduction of hours.--
       ``(A) New election period.--

       ``(i) In general.--For the purposes of the COBRA 
     continuation provisions, in the case of an individual 
     described in subparagraph (C) who did not make (or who made 
     and discontinued) an election of COBRA continuation coverage 
     on the basis of the reduction of hours of employment, the 
     involuntary termination of employment of such individual 
     after the (date of the enactment of the Jobs for Main Street 
     Act, 2010, shall be treated as a qualifying event.
       ``(ii) Counting cobra duration period from previous 
     qualifying event.--In any case of an individual referred to 
     in clause (i), the period of such individual's continuation 
     coverage shall be determined as though the qualifying event 
     were the reduction of hours of employment.

       ``(iii) Construction.--Nothing in this paragraph shall he 
     construed as requiring an individual referred to in clause 
     (i) to make a payment for COBRA continuation coverage between 
     the reduction of hours and the involuntary termination of 
     employment.
       ``(iv) Preexisting Conditions.--With respect to an 
     individual referred to in clause (i) who elects COBRA 
     continuation coverage pursuant to such clause, rules similar 
     to the rules in paragraph (4)(C) shall apply.
       ``(B) Notices.--In the case of an individual described in 
     subparagraph, (C), the administrator of the group health plan 
     (or other entity) involved shall provide, during the 60-day 
     period beginning on the date of such individual's termination 
     of employment, an additional notification described in 
     paragraph (7)(A), including information on the provisions of 
     this paragraph. Rules similar to the rules of paragraph (7) 
     shall apply with respect to such notification.
       ``(C) Individuals described.--Individuals described in this 
     subparagraph are individuals who are assistance eligible 
     individuals on the basis of a qualifying event consisting of 
     a reduction of hours occurring during the period described in 
     paragraph (3)(A) followed by an involuntary termination of 
     employment insofar as such termination of employment occurred 
     after the date of the enactment of the Jobs for Main, Street 
     Act, 2010.''.
       (4) Clarification of period of assistance.--Subsection 
     (a)(2)(A)(ii)(I) of such section is amended by striking ``of 
     the first month''.
       (5) Enforcement.--Subsection (a)(5) of such section is 
     amended by adding at the end the lowing: ``In addition to 
     civil actions that may be brought to enforce applicable 
     provisions of such Act or other laws, the appropriate 
     Secretary or an affected individual may bring a civil action 
     to enforce such determinations and for appropriate relief. In 
     addition, such Secretary may assess a penalty against a plan 
     sponsor or health insurance issuer of not more than $110 per 
     day for each failure to comply with such, determination of 
     such Secretary after 10 days after the date of the plan 
     sponsor's or issuer's receipt of the determination.''
       (6) Amendments relating to section 3001 of arra.--
       (A) Subsection (g) of section 35 of the Internal Revenue 
     Code of 1986 is amended by striking ``section 3002(a) of the 
     Health Insurance Assistance for the Unemployed Act of 2009'' 
     and inserting ``section 3001(a) of title III of division B of 
     the American Recovery and Reinvestment Act of 2009''.
       (B) Section 139C of such Code is amended by striking 
     ``section 3002 of the Health Insurance Assistance for the 
     Unemployed Act of 2009'' and inserting ``section 3001 of 
     title III of division B of the American Recovery and 
     Reinvestment Act of 2009''.
       (C) Section 6432 of such Code is amended--
       (i) in subsection (a), by striking ``section 3002(a) of the 
     Health Insurance Assistance for the Unemployed Act of 2009'' 
     and inserting ``section 3001(a) of title III of division B of 
     the American Recovery awl Reinvestment Act of' 2009'';

[[Page 32506]]

       (ii) in subsection (c)(3), by striking ``section 
     3002(a)(1)(A) of such Act'' in subsection (c)(3) and 
     inserting ``section 3001(a)(1)(A) of title III of division B 
     of the American Recovery and Reinvestment Act of 2009''; and
       (iii) by redesignating subsections (e) and (f) as 
     subsections (f) and (g), respectively, and inserting after 
     subsection (d) the following new subsection:.
       ``(e) Employer Determination of Qualifying Event as 
     Involuntary Termination.--For purposes of this section, in 
     any case in which--
       ``(1) based on a reasonable interpretation of section 
     3001(a)(3)(C) of division B of the American Recovery and 
     Reinvestment Act of 2009 and administrative guidance 
     thereunder, an employer determines that the qualifying event 
     with respect to COBRA continuation coverage for an individual 
     was involuntary termination of a covered employee's 
     employment, and
       ``(2) the employer maintains supporting documentation of 
     the determination, including an attestation by the employer 
     of involuntary termination with respect to the covered 
     employee,

     the qualifying event for the individual shall be deemed to be 
     involuntary termination of the covered employee's 
     employment.''.
       (D) Subsection (a) of section 6720C of such Code is amended 
     by striking ``section 3002 (a) (2)(C) of the Health Insurance 
     Assistance for the Unemployed Act of 2009'' and inserting 
     ``section 3001(a)(2)(C) of title III of division B of the 
     American Recovery and Reinvestment Act of 2009''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of section 
     3001 of division B of the American Recovery and Reinvestment 
     Act of 2009 to which they relate, except that--
       (1) the amendments .made by subsections (d)(2) and (d)(3) 
     shall apply to periods of coverage beginning after the date 
     of the enactment of this Act; and
       (2) the amendment made by subsection (d)(5) shall take 
     effect on the date of the enactment of this Act.


               extension of recovery act increase in fmap

       Sec. 3303. Section 5001 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) is amended--
       (1) in subsection (a)(3), by striking ``first calendar 
     quarter'' and inserting ``first 3 calendar quarters'';
       (2) in subsection (b)(2), by inserting before the period at 
     the end the following: ``and such paragraph shall not apply 
     to calendar quarters beginning on or after October 1, 2010'';
       (3) in subsection (c)(4)(C)(ii), by striking ``December 
     2009'' and ``January 2010'' and inserting ``June 2010'' and 
     ``July 2010'', respectively;
       (4) in subsection (d), by inserting ``ending before October 
     1, 2010'' after ``entire fiscal years'' and after ``with 
     respect to fiscal years'';
       (5) in subsection (g)(1), by striking ``September 30, 
     2011'' and inserting ``March 31, 2012''; and
       (6) in subsection (h)(3), by striking ``December 31, 2010'' 
     and inserting ``June 30, 2011''.


repeal of earned income threshold for determining refundable portion of 
                            child tax credit

       Sec. 3304. (a) In General.--Clause (i) of section 
     24(d)(1)(B) of the Internal Revenue Code of 1986 is amended 
     to read as follows:
       ``(i) 15 percent of the taxpayer's earned income (within 
     the meaning) of section 32) which is taken into account in 
     computing taxable income, or''.
       (b) Conforming Amendments.--Subsection (d) of section 24 of 
     such Code is amended--
       (1) by striking paragraph (3), and
       (2) by striking paragraph (4).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (d) Application of EGTRRA Sunset.--The amendments made by 
     subsection (a) and (b)(1) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.


                         HHS POVERTY GUIDELINES

       Sec. 3305. Notwithstanding section 673(2) of the Omnibus 
     Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any 
     other provision of law, the poverty line for 2010 issued by 
     the Secretary of Health and Human Services under such section 
     673(2) shall be not lower than the poverty line so issued on 
     January 23, 2009 (74 Fed. Reg. 14). This section shall have 
     no effect on such Secretary's revision of the poverty line 
     for 2011.


   REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS and 
                      federally assisted programs

       Sec. 3306. (a) In General.--Subchapter A of chapter 65 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for the month of receipt and 
     the following 11 months, for purposes of determining the 
     eligibility of such individual (or any other individual) for 
     benefits or assistance (the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2010.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

       ``Sec. 6109. Refunds disregarded in the administration of 
           Federal programs and Federally assisted programs.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to amounts received after December 31, 2009.


 PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO 
                 QUALIFIED NON-ATTORNEY REPRESENTATIVES

       Sec. 3307. (a) Permanent Extension of Attorney Fee 
     Withholding Procedures to Title XVI.--
       (1) In general.--Section 302 of the Social Security 
     Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is 
     amended--
       (A) in the section heading, by striking ``TEMPORARY''; and
       (B) in subsection (c), by striking ``Effective Date.--'' 
     and all that follows through ``The amendments'' and inserting 
     ``Effective Date.--The amendments'', and by striking 
     paragraph (2).
       (2) Clerical amendment.--The item relating to section 302 
     in the table of contents in section 1(b) of such Act is 
     amended by striking ``Temporary extension'' and inserting 
     ``Extension''.
       (b) Permanent Extension of Fee Withholding Procedures to 
     Qualified Non-Attorney Representatives.--
       (1) In general.--Section 206 of the Social Security Act (42 
     U.S.C. 406) is amended by adding at the end the following new 
     subsection:
       ``(e)(1) The Commissioner shall provide for the extension 
     of the fee withholding procedures and assessment procedures 
     that apply under the preceding provisions of this section to 
     agents and other persons, other than attorneys, who represent 
     claimants under this title before the Commissioner.
       ``(2) Fee-withholding procedures may be extended under 
     paragraph (1) to any nonattorney representative only if such 
     representative meets at least the following prerequisites:
       ``(A) The representative has been awarded a bachelor's 
     degree from an accredited institution of higher education, or 
     has been determined by the Commissioner to have equivalent 
     qualifications derived from training and work experience.
       ``(B) The representative has passed an examination, written 
     and administered by the Commissioner, which tests knowledge 
     of the relevant provisions of this Act and the most recent 
     developments in agency and court decisions affecting this 
     title and title XVI.
       ``(C) The representative has secured professional liability 
     insurance, or equivalent insurance, which the Commissioner 
     has determined to be adequate to protect claimants in the 
     event of malpractice by the representative.
       ``(D) The representative has undergone a criminal 
     background check to ensure the representative's fitness to 
     practice before the Commissioner.
       ``(E) The representative demonstrates ongoing completion of 
     qualified courses of continuing education, including 
     education regarding ethics and professional conduct, which 
     are designed to enhance professional knowledge in matters 
     related to entitlement to, or eligibility for, benefits based 
     on disability under this title and title XVI. Such continuing 
     education, and the instructors providing such education, 
     shall meet such standards as the Commissioner may prescribe.
       ``(3)(A) The Commissioner may assess representatives 
     reasonable fees to cover the cost to the Social Security 
     Administration of administering the prerequisites described 
     in paragraph (2).
       ``(B) Fees collected under subparagraph (A) shall be 
     credited to the Federal Old-Age and Survivors Insurance Trust 
     Fund and the Federal Disability Insurance Trust Fund, or 
     deposited as miscellaneous receipts in the general fund of 
     the Treasury, based on such allocations as the Commissioner 
     determines appropriate.
       ``(C) The fees authorized under this paragraph shall be 
     collected and available for obligation only to the extent and 
     in the amount provided in advance in appropriations Acts. 
     Amounts so appropriated are authorized to remain available 
     until expended for administering the prerequisites described 
     in paragraph (2).''.
       (2) Conforming amendments.--
       (A) Section 1631(d)(2)(A) of such Act (42 U.S.C. 
     1383(d)(2)(A)) is amended--
       (i) in clause (iv), by striking ``and'' at the end;
       (ii) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(vi) by substituting, in subsection (e)(1)--

       ``(I) `subparagraphs (B) and (C) of section 1631(d)(2)' for 
     `the preceding provisions of this section'; and
       ``(II) `title XVI' for `this title'.''.

       (B) Section 303(e)(2) of the Social Security Protection Act 
     of 2004 (Public Law 108-203; 118 Stat. 523) is amended by 
     striking ``and final report'' in the heading and by striking 
     the last sentence.
       (3) Effective date.--The Commissioner of Social Security 
     shall provide for full implementation of the provisions of 
     section 206(e) of the Social Security Act (as added by 
     paragraph (1)) and the amendments made by paragraph (2) not 
     later than March 1, 2010.

               CHAPTER 4--GENERAL PROVISIONS, THIS TITLE


                         EMERGENCY DESIGNATIONS

       Sec. 3401. (a) In general.--Each amount in this title is 
     designated as an emergency requirement and necessary to meet 
     emergency needs

[[Page 32507]]

     pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.
       (b) PAYGO.--All applicable provisions in this title are 
     designated as an emergency for purposes of pay-as-you-go 
     principles.

                 TITLE IV--GENERAL PROVISIONS, THIS ACT


                         PERIOD OF AVAILABILITY

       Sec. 4001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond September 
     30, 2010, unless expressly so provided herein.


                              Buy America

       Sec. 4002. All funds provided under this Act shall be 
     subject to the requirements of section 1605 of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5).
       This Act may be cited as the ``Jobs for Main Street Act, 
     2010''.
  The SPEAKER pro tempore. The motion shall be debatable for 1 hour 
equally divided and controlled by the Chair and ranking minority member 
of the Committee on Appropriations.
  The gentleman from Wisconsin (Mr. Obey) and the gentleman from 
California (Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Madam Speaker, I think people understand what this 
legislation is--it is an effort to redirect some $75 billion from TARP 
funds that in the past have been directed to help Wall Street. Instead, 
direct them to Main Street to try to help Americans who are struggling 
to hang onto their jobs, their houses, and their health care. I think 
the need for it is obvious, and I urge passage.
  I reserve the balance of my time.
  Mr. LEWIS of California. Madam Speaker, Chairman Obey calls this 
legislation the Jobs for Main Street Act; I call it economic insanity. 
Truly, this is one of those rare occasions when I hardly know where to 
begin.
  It is because of legislation like this and the manner in which it was 
produced that the public has lost faith in this Congress and why 
confidence in Washington is at an all-time low.
  This legislation repeats the failures of the so-called ``Recovery 
Act'' by pouring another $150 billion into programs included in the 
original stimulus package that have so far failed to produce real 
results or real jobs.
  Secondly, this legislation adds an additional $150 billion to a 
budget deficit that has already tripled in the last year. The Democrat 
majority claims that this spending is offset with funds from the TARP 
program, but under present law these dollars are already dedicated to 
reducing our debt. The public should not be fooled; every dollar will 
come out of the Treasury and taxpayers will be footing the bill.
  Further, this legislation is a virtual mystery to almost every single 
Member of the House. I think we got the basic material like at 11 
o'clock last night, I think. Its contents were released just shy of 
midnight last night for most, and there is no way for anyone to have 
read or understood it completely. How much thought or Member input 
really went into it? I dare say very, very little.
  Ironically, it was Chairman Obey who said on December 11, 2006, We 
will work to restore an accountable, above-board, transparent process 
for funding decisions and put an end to the abuses that have harmed the 
credibility of the Congress. This is a demonstration project of just 
how serious Mr. Obey was about that.
  Let me take just a moment to outline the transparent process by which 
this legislation comes before us today. Chairman Obey instructed his 
majority staff not to share any details or information with the 
minority staff about the bill. Chairman Obey's staff sent the bill to 
the Rules Committee at 11 o'clock last night. It has had no hearings, 
no markup, and is prevented from being amended on the House floor 
today. Mr. Speaker, martial law in the House of Representatives is 
hardly change that we can believe in.
  Yet another irony in today's debate is that the Democrat majority has 
suddenly found religion by championing so-called ``PAYGO'' rules. This 
is occurring at the very same time that they are proposing to spend 
another $150 billion and even as they have voted to increase the debt 
limit. We pass the debt limit, spend another $150 billion.
  Not long ago, small business in America was the backbone and the 
lifeblood of our national economy. Today, higher taxes and excessive 
government regulations have small business in a stranglehold, and 
that's even before Congress puts its stamp of approval on government-
run health care.
  With all this reliance on Uncle Sam, why don't we just put everyone 
in the United States on the Federal Government payroll and call it a 
day? In essence, that's what this fatally flawed process attempts to 
do.

                              {time}  1645

  According to Transportation Weekly, ``Even if you only count title I 
of the stimulus II bill as an appropriations bill, it would still be 
the third largest fiscal year 2010 discretionary appropriations bill--
bigger than Agriculture, Commerce-Justice, Energy and Water, Financial 
Services, Homeland Security, Interior and Environment, legislative 
branch, State/foreign operations, and the THUD bill.''
  Imagine what Ranking Member David Obey's reaction would have been had 
a GOP majority moved a supplement of this size to the House floor on 
less than 24-hours' notice and with no committee markup? Can you 
imagine the screaming from the rooftops? We have seen that before.
  On more than one occasion, my friend, the majority leader, has 
suggested that the House minority has become the so-called party of 
``no,'' but he forgot to finish the sentence. House Republicans are the 
party of no more spending beyond our means. We are the party of no more 
increases to the historic debt limit. Republicans in the House are the 
party of no more busting the spending cap and calling it ``emergency 
spending.''
  Our country's economy will never recover as long as Congress 
continues making the same mistakes over and over again. Spending by 
this House majority is unconstrained and unsustainable. Billions and 
billions and billions spent on the continued expansion of government 
will only exacerbate our financial troubles and will bring little or no 
relief to those without jobs.
  Through this legislation, Congress is demonstrating once again that 
it is both unwilling and incapable of restraining its appetite to 
spend. This is nothing short of a taxpayer-funded Christmas shopping 
spree, financed with money borrowed from the Chinese.
  I appeal to my friends, the Blue Dogs, to take a stand on this 
legislation. If you are serious about making a statement, this is your 
chance. Are the Blue Dogs serious about deficit reduction? If so, then 
vote ``no.''
  Madam Speaker, simply put, this is an awful bill produced through a 
dreadful process. I strongly urge a ``no'' vote.
  I reserve the balance of my time.
  Mr. OBEY. Madam Speaker, I thank the gentleman for his support.
  I now yield 4 minutes to the distinguished gentleman from Minnesota 
(Mr. Oberstar).
  Mr. OBERSTAR. I thank the distinguished Chair of the Appropriations 
Committee, my good friend from across the waters in Wisconsin, Mr. 
Obey, and I applaud him for his extraordinary persistence and 
leadership in bringing to us this Jobs for Main Street Act. He has been 
consistent, persistent, forceful, vocal, and very laser beam-oriented 
on creating jobs.
  Madam Speaker, in this Jobs for Main Street, $39 billion is allocated 
to additional transportation and infrastructure investment to create 
and sustain family-wage construction jobs and, at the same time, 
rebuilding the Nation's highways and bridges and wastewater treatment 
systems.
  We extend in this provision the highway and highway safety and 
transit

[[Page 32508]]

programs through September 30, 2010. There is $27.5 billion for 
highways, $8.4 billion for transit, as in the current Recovery Act. 
There is $800 million for Amtrak, $500 million for airports where an 
extraordinary success was achieved with nearly all of the airport 
projects being either completed or under contract on the job, improving 
our airport capacity. There is $1 billion for the Clean Water State 
Revolving Loan Funds to improve wastewater treatment facilities and to 
build new ones where they don't exist today. There is $715 million for 
the Corps of Engineers, and there is $100 million for ship construction 
to help our maritime interests.
  We have a highly successful record on that portion of the stimulus 
that comes from the Committee on Transportation and Infrastructure from 
which both Mr. Obey and the distinguished Republican leader are 
graduates.
  There are 220,000 direct jobs on over 8,000 projects. There are 
630,000 direct jobs and jobs in the supply chain, supplying asphalt, 
cement, pipe, concrete, and culverts for this program. There is $10 
billion paid in payroll checks and $179 million in unemployment 
insurance compensation checks avoided, and there is $230 million in 
taxes paid to the Federal Government by those on these jobs, and there 
is more to come.
  The results: There are 28,000 miles of highway pavement--improved, 
widened, expanded--underway right now. That is what we have achieved to 
this day, and we have more to come. There are 1,200 bridges restored, 
repaired, replaced, and with this addition in the Jobs for Main Street 
Act, we will have 56,000 miles of pavement rebuilt in the coming year. 
That will be 10,000 miles more than the entire Interstate Highway 
System just in this one bill.
  That is an investment in America.
  I assure my colleagues that this Committee on Transportation and 
Infrastructure will continue its vigorous oversight and accountability 
and transparency. Every month, every Member has received this report 
from our committee, a report with 14 categories of progress for each 
State under these key programs. You can track how many funds are 
associated with projects completed, how many projects are underway, the 
total job hours created and sustained, and the total payroll for hours 
created or sustained in every month for every State.
  We are making this clear that we are accountable and that we are 
investing in America and that we will continue to do this under the 
Jobs for Main Street program.
  Madam Speaker, I rise in strong support of H.R. 2847, the ``Jobs for 
Main Street Act, 2010''.
  This bill provides more than $39 billion of additional transportation 
and infrastructure investment to help create and sustain family-wage 
construction jobs and rebuild our Nation's infrastructure. The bill 
also extends the highway, highway safety, and public transit programs 
for the current fiscal year, through September 30, 2010.
  One-half of the $75 billion provided by H.R. 2847 is dedicated to 
transportation infrastructure investment, including: $27.5 billion for 
highways, $8.4 billion for transit, $800 million for Amtrak, $500 
million for airports, and $100 million for ship construction.
  In addition, H.R. 2847 provides $11 billion for other infrastructure 
investment, including $1 billion for Clean Water State Revolving Funds 
and $715 million for Corps of Engineers infrastructure investments.
  Each of these investments is paid for--we use the Wall Street bailout 
funds to rebuild Main Street.
  These investments will build upon the investments already underway 
pursuant to the American Recovery and Reinvestment Act of 2009 (P.L. 
111-5) (Recovery Act), and will create and sustain more than 1 million 
good, family-wage jobs.
  The transportation and infrastructure investments of the Recovery Act 
have already played a key role in putting Americans back to work. 
Federal agencies, States, and their local partners have demonstrated 
they can deliver transportation and infrastructure projects and create 
urgently needed employment in the tight timeframes set forth in the 
Recovery Act. This Act has already resulted in almost 7,900 highway and 
transit projects breaking ground as well as hundreds of thousands of 
workers getting off the bench and back on the job all across the 
Nation.
  However, we have only begun to stem the tide of unemployment caused 
by the worst recession since the Great Depression. More than 1.7 
million construction workers are out of work and the unemployment rate 
in construction is 19.4 percent--the highest unemployment rate of any 
industrial sector. In addition, the private sector construction market 
has collapsed. At a recent hearing of the Committee on Transportation 
and Infrastructure, the president of an asphalt supply company 
testified that, although historically his company has received one-half 
of its work from the private sector and one-half of its work from the 
public sector, 98.5 percent of his current business is public sector 
work.
  To make matters worse, State budget crises are severely limiting 
States' ability to move fcrward with their own infrastructure programs 
or find matching funds for Federal transportation programs.
  Although the critical investments made by the Recovery Act have 
stemmed the tide of unemployment in the construction industry, they 
have not been sufficient to completely counteract the loss of private 
sector and State investments.
  Congress must act now to pass the ``Jobs for Main Street Act, 2010'', 
and build upon the successes of the Recovery Act.
  The Jobs Act ``doubles down'' on the highway and transit investments 
of the Recovery Act and will immediately create and sustain jobs. The 
Jobs Act provides almost $36 billion for highway and transit investment 
and much of it can be, and will be, put to use within 90 days for 
ready-to-go projects.
  According to a December 2009 American Association of State Highway 
and Transportation Officials, AASHTO, survey of State Departments of 
Transportation, there are 7,497 ready-to-go highway and bridge 
projects, totaling $47.3 billion. Furthermore, according to a December 
2009 American Public Transportation Association, APTA, survey, there 
are thousands of ready-to-go transit projects, totaling $15 billion.
  In addition, Congress must also act now to extend the core Federal 
highway, highway safety, and transit programs. The long-term 
authorization for these programs, SAFETEA-LU, expired on September 30, 
2009. Since then, these programs have been extended on a short-term 
basis at a funding level that is about $12 billion below the fiscal 
year 2009 authorized level. H.R. 3326, the fiscal year 2010 Defense 
appropriations bill, will provide an additional short-term extension of 
these programs, to February 28, 2010, but still at the reduced funding 
level.
  H.R. 2847 includes the Surface Transportation Extension Act (STEA) of 
2009, which extends the highway, highway safety, and transit programs 
through September 30, 2010, at the levels assumed in the FY 2010 budget 
resolution. This one-year extension will provide greater certainty for 
States in their transportation planning, and increase funding to nearly 
the FY 2009 authorized level.
  STEA also includes provisions that will stabilize the Highway Trust 
Fund. Specifically, STEA restores to the Highway Trust Fund interest 
payments foregone on the Trust Fund's previous cash balances. Since 
1998, the Trust Fund has been the only major Federal trust fund that 
does not accrue interest. The restoration of interest for this period, 
1998-2009, results in transferring $14.7 billion to the Highway Account 
of the Highway Trust Fund, and $4.8 billion to the Mass Transit Account 
of the Highway Trust Fund.
  In addition, STEA allows the Highway Trust Fund to accrue interest on 
all balances going forward, which will increase Trust Fund receipts by 
an estimated $500 million to $1 billion annually, in the near-term.
  Finally, under STEA, the General Fund, rather than the Highway Trust 
Fund, will support longstanding fuel tax exemptions, such as those 
provided to State and local governments. Full refund payments will 
continue to be made from the General Fund, but the Highway Trust Fund 
will no longer bear the cost of these refunds. The end user will see no 
change in their process for obtaining a refund. This provision will 
increase Trust Fund revenues by about $1.7 billion annually, for a 
total of $9.8 billion over six years.
  I regret that the Other Body was unable to complete action on a 
multi-year surface transportation bill this year. I urge the Senate to 
focus on the needs of the millions of Americans who are without jobs or 
who are in danger of losing their jobs, Americans who are struggling to 
provide for their families, and desperately need the jobs that would be 
created not only by the bill before us today, but also by a long- term 
authorization of surface transportation programs.
  I urge my colleagues to join me in supporting H.R. 2847, the ``Jobs 
for Main Street Act, 2010''.

[[Page 32509]]


  Mr. LEWIS of California. Madam Speaker, I yield 2 minutes to the 
gentleman from Georgia, Jack Kingston. 
  Mr. KINGSTON. I thank the gentleman for yielding.
  Madam Speaker, I want to say, in January, the President rushed 
through a massive stimulus bill of $787 billion, which was supposed to 
be targeted and timely for shovel-ready projects. We had to do this to 
keep unemployment from going to 8 percent. Well, now it's at 10 
percent. Rather than going back into the stimulus program and doing 
major surgery, we are adding yet another spending bill from a different 
account.
  To begin with, the stimulus bill only had about 27 percent in public 
works-type projects. Most of it went to plus-up pet political projects 
of Congress and to create 31 brand new Federal Government programs. 
Even then, 12 percent of the money is all that has left town. Most of 
it is still in Washington, D.C.
  To give you some examples, there is a Smart Grid program of $4.5 
billion. None of the funds have been spent. There is a $2.2 billion 
alternative fuel program. None of those funds have been spent. There is 
a $4 billion energy innovative technology loan program. Only $2 million 
has been spent. There is an $8 billion high-speed rail project of which 
zero funds have been spent. There is $1 billion for the COPS grants 
program, and no funds from it have left Washington, D.C.
  Before we go spending additional money, wouldn't it make sense to try 
to figure out what the logjam is?
  You can go to the Web site of the stimulus program, and you can see 
the jobs that were created in the 99th District of the Virgin Islands 
or in the 42nd District of Connecticut. The only problem is there are 
no such districts. They are fictitious numbers. You could go to 
Augusta, Georgia, and look at the housing projects where 317 jobs were 
created. Only it really wasn't for creating jobs. It was a bonus for 
existing employees. Again, from the administration's Web site, $937 
million was spent on 10,000 projects from which no jobs were created. 
The stimulus program is not working. We need to revamp it.
  Another reason we don't have jobs under this administration is 
because of the cap-and-trade policy.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield an additional 30 seconds to the 
gentleman from Georgia.
  Mr. KINGSTON. The cap-and-trade proposal is a scheme based on some 
phony numbers, not all of the numbers. Incidentally, I don't recommend 
Al Gore's book to anybody, but if you have time for reading today, keep 
that one in mind. It's going to run jobs overseas. We need to take a 
look at it. Particularly, it needs to be based on real numbers, not on 
phony numbers.
  The health care policy is an 8 percent tax on small businesses with a 
myriad of new rules and regulations with the possibility of lawsuits. 
There is the banking bill, which is just going to crunch credit all 
over America. This is not the right thing to do at the last minute.
  Mr. OBEY. Madam Speaker, I yield 3 minutes to the distinguished 
gentleman from California (Mr. George Miller), chairman of the 
Education and Labor Committee.
  Mr. GEORGE MILLER of California. I thank the gentleman for yielding, 
and I thank him for all of his work on this legislation.
  Madam Speaker, today, Congress has the opportunity to continue the 
effort to rebuild the American economy. We have made significant 
progress since January when more than 600,000 people were losing their 
jobs. Last month, it was 11,000--a dramatic improvement. In fact, in 
November, a year ago, it was over 700,000 people who were losing their 
jobs. I don't know what the figure has to be before the Republicans 
decide they ought to help Americans keep their jobs, to find new jobs, 
and to get jobs so they can support their families.
  The fact is, every day, as to the Recovery Act, which they want to 
continue to lampoon and the rest of it, more and more economists and 
more and more fiscal analysts of the markets in this country are 
telling us that the Recovery Act is the reason that we have moved from 
a negative GDP to a positive GDP. It is the reason we have saved or 
created more than 1.6 million jobs. Those aren't our words. Those are 
the words of the people who are in the private sector who are talking 
about this market.
  What are they warning us about now?
  It's not just the traditional jobs. It's a question of--and this 
comes again from private analysts--whether or not local governments 
which are somewhere between $200 billion and $300 billion underwater 
because of the economy, because of the recession and because of their 
loss of receipts and revenues can create a wave of unemployment that 
will swamp the good news that is taking place and the news that we hope 
will get better and that we think will get better. It can overwhelm the 
positive job numbers that we are starting to see, and it can create 
that kind of problem.
  It also means that, once again, we can see--and what this legislation 
prevents--is that wave of layoffs in teachers, in firefighters, in 
police, and in first responders because we know that that's about 
keeping our communities healthy and safe. It's about making sure that 
our kids do not become the victims of this economy because of the 
layoffs, the shorter school days, the larger classes that are taking 
place, and the shorter school years. The States are going to struggle 
with this.
  We know from the private sector, if you look around at what has taken 
place in this recession, that the leaders in the private sector 
decided, in this kind of economy, this is when you want to invest in 
your future. That is what we are doing. We are investing in the future 
of our children and of our young people going to college. We are 
creating additional slots so they can get into community colleges, so 
that they can get job training, and so that they can have teachers and 
decent class sizes. That is what this legislation is about.
  It's about trying to create job opportunities, and it's about holding 
onto job opportunities for American families. It's also to make sure 
that their children do not lose a year of educational opportunity and 
so that they do not slide back from the progress that we're seeing. All 
across this country, as the test scores are getting better and as 
proficiency is getting better among fourth graders and eighth graders, 
that is the progress that we have made. This recession could wreck it 
all, and we've seen it all across the country.
  Rio Vista, Texas, laid off 15 percent of its teachers. Dearborn, 
Michigan, just approved 200 teacher layoffs. The LA Unified School 
District laid off 2,000 teachers and maybe another 1,500 teachers next 
year.
  You can stop that from happening. You can stop that from happening by 
voting for this legislation.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman an additional 1 minute.
  Mr. GEORGE MILLER of California. This is about our future. This is 
about a jobs program that is paid for. This is about taking the money 
that was dedicated to working on Wall Street and making sure that it 
works for Main Street. This is your opportunity so that you can go home 
and say that you did everything you could to try to maintain the 
positive direction that the economy is starting to indicate, but we are 
not there yet.
  Again, if you listen to the analysts, it can be overwhelmed by the 
loss of jobs and by the wave of unemployment that could take place at 
State and local governments, and our children's educational 
opportunities can be overwhelmed.
  Mr. Oberstar laid out the infrastructure piece that is so important 
in terms of the investment, not only in jobs, but in terms of the 
investment in the future of this country in highways and transit. This 
is about human capital. This is about whether or not we can retain 
first responders, teachers and whether or not we can retain the growth, 
economic proficiency, and achievement that our children are getting in 
school today.

[[Page 32510]]

  Let's not lose that because, through no fault of their own, the 
recession whacked their teachers, whacked their classrooms, whacked 
their school districts, and then all of a sudden, those opportunities 
were gone. We should not let that happen. We can vote against its 
happening today. We can vote for a jobs bill that works on Main Street.

                              {time}  1700

  Mr. LEWIS of California. Madam Speaker, I am very pleased to 
recognize the gentleman from New Jersey (Mr. Frelinghuysen) for 2 
minutes.
  Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
  Madam Speaker, there is no question that the American people are 
hurting. Since the start of this recession in 2007, 6.9 million people 
have lost their jobs. A third of those without jobs have been 
unemployed for more than 6 months. That's a post-World War II high.
  Clearly Congress needs to find a way to spur private sector job 
creation, a bipartisan way, not one rammed through without public 
hearings. Madam Speaker, a famous son of New Jersey once said, and 
that's Yogi Berra, ``It's deja vu all over again.''
  Congress and the President enacted in February a trillion-dollar 
stimulus package with the promise that its shovel-ready spending would 
keep unemployment from exceeding 8 percent. While the Nation's official 
unemployment is 10 percent, the real unemployment and underemployment 
now exceed 17 percent.
  Yet the majority is suggesting that we double down on spending 
borrowed dollars in many of the same areas touched by the first 
stimulus. For example, only 7 percent of the $2 billion in the stimulus 
bill for the Army Corps of Engineers civil construction has been spent. 
Yet this bill adds another $750 million.
  Only 8 percent of the $1 billion in the stimulus for Bureau of 
Reclamation water projects has been spent. This legislation includes 
another $100 million.
  The stimulus contained $4 billion for Energy Innovation Loans. Just 
10 percent has been spent since February. So let's make sure to approve 
another $1 billion.
  Of the $36 billion the Department of Energy has been given, about 
$955 million has been spent and only $17.5 billion has been obligated.
  If this isn't bad enough, where is the funding coming from? It's 
coming from the TARP program, Troubled Asset Relief Program. That 
money, when it is paid back, is supposed to go to reduce the deficit. 
Here we are spending.
  I rise to oppose this bill. This bill needs to be opposed.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Georgia (Mr. Scott).
  Mr. SCOTT of Georgia. Thank you very much, Mr. Chairman. I appreciate 
you giving me a minute to speak on this.
  This is the single most important issue facing the American people, 
jobs. You talk about troubled assets, what greater troubled assets do 
we have than jobs and homes? These are the troubled assets that the 
American people want us to respond to.
  Throughout the length and breadth of this country, small towns, 
country towns, from Michigan, Ohio, throughout wherever it is, people 
are concerned about jobs. The misery index is high, the depression 
index is high. Do you know what a job means?
  Here we have got $75 billion. What better place to put it than in 
small businesses, into the heart and the soul of the American economy, 
at the middle and at the bottom where people will spend it.
  Ladies and gentlemen of this Congress, this is Christmastime. Next 
week is Christmas. What better Christmas gift can we give the American 
people than this jobs bill that will put our people back to work, that 
will build our homes, that will help our families, that will give them 
hope where they need it. They deserve this Christmas present this day.
  Mr. LEWIS of California. Madam Speaker, it is my honor to recognize 
the ranking member of the Subcommittee on Labor, Health and Human 
Services, Education, and Related Agencies, the gentleman from Kansas, 
for 3 minutes, Mr. Tiahrt.
  Mr. TIAHRT. I thank the gentleman from California.
  Madam Speaker, 10 months ago we stood here and told you the stimulus 
bill would not help the economy recover. We told you it would not work 
because the $787 billion plus interest would only grow the size of 
government. You can't grow the economy from the government down. You 
have to grow it from the ground up.
  By any standard, we were right. Now we have news accounts of how the 
money was spent, mostly on government workers writing more government 
regulations. Then there was the news about the pay raises for Head 
Start teachers and the buyouts for university professors and 
unemployment is double digits. It's 10 percent.
  Today on the floor we have the ``son of the stimulus'' bill. It's 
another $154 billion of failed economic policies that will only prolong 
the economic pain.
  This bill includes another $750 million for green jobs on top of the 
previous bill's $750 million. So far, no green jobs have been created.
  The ``son of the stimulus'' adds $23 billion to State and local 
governments on top of the $53 billion in the stimulus bill.
  You can't isolate State and local governments from the recession. If 
you do, they will do nothing to help with the recovery. History tells 
us what works. When we have the opportunity in America, new ideas come 
into the marketplace and the economy will grow. When the economy grows, 
the Federal revenue grows without raising taxes.
  Here is how you create opportunity: stop spending, stop borrowing. 
You can't grow the economy from the government down. Freeze 
regulations, audit every one of them and only keep the ones where the 
benefit exceeds the cost.
  Keep taxes low. When you do, people save. They invest; they spend. 
All of that's good for the economy. Lower health care costs, not by 
taking over with the government, but by addressing defensive medicine, 
by addressing tort reform and by incorporating free market principles 
and then become energy independent. That alone would solve your 
unemployment problem.
  Now, it's true that providing the opportunity for the economy to grow 
does not pay back the government unions for all they have done for you 
in the last election. Government unions should be pleased with this 
bill, but the American taxpayers should not. They should be angry.
  For those that are unemployed workers, well, we are sorry, because 
this bill will not do anything for the unemployment rate. It's a failed 
economic policy that only pays back those who invested in the last 
election for the majority party.
  Madam Speaker, I would ask my colleagues to vote ``no'' on this 
legislation and, instead, do something that will help the economy 
recover by providing opportunity for the unemployed workers.
  Mr. OBEY. Madam Speaker, I yield myself 2 minutes.
  Madam Speaker, when President Bush left office, we were losing over 
700,000 jobs a month. We passed the economic recovery package, and we 
have gotten that down to about 11,000 jobs a month. That's not enough, 
but it's terrific progress.
  I am somewhat bemused, however, by all of the comments by our friends 
on the minority side of the aisle denouncing the recovery package and 
saying that it didn't work. Not a single one of them voted for it on 
this House floor.
  But if you check newspaper accounts around the country, you will see, 
for instance, that the minority leader, in a June 15 press statement, 
said that he was pleased that Federal officials stepped in and ordered 
Ohio to use all of its construction dollars for shovel-ready projects 
that will create much-needed jobs.
  The minority whip vowed to shed partisan politics to help the 
economy. He met with transportation officials about how his home State 
of Virginia could apply for stimulus grants to build a rail line.
  The minority chief deputy whip, in his own press release, outright 
praised

[[Page 32511]]

the courthouse in his district receiving funds from the recovery 
package to build a new courthouse. He said, ``I applaud this funding 
for the Bakersfield Federal courthouse.''
  My Republican colleague from New Jersey (Mr. Lance) announced by a 
press release that his district received $13 million from the Recovery 
Act for local flood control projects. ``This is outstanding news,'' he 
said. He even sent a letter to President Obama asking for speedy 
release of those recovery funds.
  Another of our colleagues from Michigan on that side of the aisle 
issued a press release saying he was pleased to announce that his 
international airport would receive $12.7 million from funds received 
by the Recovery Act.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield myself 1 additional minute.
  Another of our colleagues on the minority side from Illinois said, 
``There is no question these grants will be of assistance in creating 
jobs.''
  I can go on and on and on citing Member after Member who denounced 
the bill on the House floor and then went home to their districts and 
issued grandiose press releases expressing their support for the 
results of the recovery package.
  I have a little difficulty following that ping pong ball when it's 
bouncing on both sides of the table. I have a little difficulty 
following the folks on that side of the aisle when they decide to fall 
off both sides of the same horse. I wish you would make up your mind: 
which do we believe, your statements that you make at home or the 
statements and the votes you cast on this House floor?
  Mr. LEWIS of California. I yield 2 minutes to the gentlewoman from 
Missouri, who is the ranking member on the Financial Services and 
General Government Subcommittee, Mrs. Emerson.
  Mrs. EMERSON. Madam Speaker, I want to say a couple of things first. 
Number one, I don't know if the American people realize that since 2007 
this Congress has increased spending on nondefense, nonveterans 
discretionary spending and, including the stimulus in that, by 85 
percent, 85 percent. In so doing, we still have 30 percent unemployment 
in the construction trades in the State of Missouri, and there is no 
excuse for that. This bill does very little to help that, very, very 
little.
  As a matter of fact, some of the stimulus money that went to create 
new jobs in my congressional district--actually, our job training 
people were told that anybody who is in job training counted as a new 
job. Now that's disingenuous at best, and it's not fair to a person who 
is being counted as having a job and one is not there waiting for them 
when they graduate.
  I really want to talk today about my concerns about the use of TARP 
funds to offset additional government spending. You know, when we 
debated this legislation, we were told the funds were going to be 
repaid and that in the long term the Federal Government could make 
money on the TARP program.
  However, today we are debating whether to use TARP funds, which the 
administration really had no plans to spend, as an offset for yet more 
government spending. This is a gimmick extraordinaire.
  We just debated a bill to increase the debt limit to $12.4 trillion. 
Using this budget gimmick as an offset for $75 billion in new spending 
is not going to reduce the debt one bit. Every economist in America 
says if we don't reduce the debt in this country, then our economy will 
go away.
  It is going to ensure, this bill does, that our government debt is 
going to continue to grow, increasing our dependence on China, on other 
foreign investors and increasing the financial burden on our children 
and grandchildren.
  Mr. OBEY. Could I inquire how much time is left on both sides.
  The SPEAKER pro tempore. The gentleman from Wisconsin has 17\1/2\ 
minutes remaining, and the gentleman from California has 14 minutes 
remaining.
  Mr. OBEY. I yield 3 minutes to the distinguished chairman of the Ways 
and Means Committee (Mr. Rangel).
  Mr. RANGEL. Chairman Obey, let me thank you for not just saying what 
are we going to do about the jobs, but bringing this all together and 
doing something about it. One of our great Presidents, Jack Kennedy, 
once said that sometimes your party just asks too much of you.
  I know that's what my Republican friends must feel today, because 
there is no question in my mind that they have just as much compassion 
in their heart for those jobless people as we do. They know, as we do, 
that those who have lost their homes, lost their dignity, lost their 
job, didn't do it by being Democrats or being Republicans.
  I recognize that when you go in a room and make a decision to say 
``no,'' you are kind of stuck with it, so we are not naive enough to 
believe that I can change your mind about what you already decided, but 
I do hope that when you go back to your home districts, and you 
recognize what is happening to people who are jobless, many of whom are 
hopeless, many have lost their skills and many who hope soon it will 
not continue, have lost what it's like to believe that in this great 
country there is no limit to how far that you could go.

                              {time}  1715

  So maybe next year would be different. Maybe the guys in the street 
will be following you around, as we find people grabbing Members of the 
Congress, saying, Hey, my dad needs a job, Congressman, Congresswoman, 
can you help?
  We're trying to help. It was a big crisis and a lot of blame to go 
around. But collectively someone thought that TARP would work. Well, it 
had some successes. One thing is certain: We're not going back there. 
This time it's not the banks. It's not Wall Street in my area. It's now 
going to be Main Street, so that once again you have an opportunity to 
explain what are you doing in the Congress.
  Well, I know it didn't go over big to say that you were bailing out 
banks. It certainly didn't go over in my district. How about we're 
trying to bail out our people. We're trying to restore the hope and 
confidence they had. We're trying to keep kids in school. We're trying 
to put food on their table. Sure, we talk about food stamps and food 
pantry, but we're trying to restore that dignity that make Americans so 
much different from other people.
  In the Ways and Means Committee, where we have jurisdiction over 
COBRA, this is another step to have dignity. You lose your job, you 
lose your health care. What a terrible thing to be looking for work and 
you're sick and you can't even go to the doctor. Worse still, if there 
are sick people in your family and you don't have the insurance. Well, 
the Federal Government comes in not with handouts but saying can we 
give you a hand with your responsibility to provide health care? And 
that's what we've done on our committee.
  We've taken unemployment benefits. You know, you can get enough 
checks for the length of time----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield the gentleman an additional 1 minute.
  Mr. RANGEL. Thank you, Mr. Chairman.
  In any event, we got aid out there for school construction. It's not 
just to make certain that we have a place for our kids to learn to 
become the leaders of tomorrow but also that people can get bricks and 
mortar and rebuild those schools and renovate those schools, and that's 
what we're doing.
  We've been able to make certain that at least the Ways and Means 
Committee can join in with the other committees, under the leadership 
of our great Speaker and Dave Obey, to be able to say this is not all 
that we want to do; this is all that we can do.
  Maybe over the holidays you might be able to get back to your 
leadership and say, We've been faithful. But we've found out that many 
in our districts have lost jobs, lost their home, lost their health 
insurance, and really lost hope. Just saying ``no'' is not going to 
work.

[[Page 32512]]


  Mr. LEWIS of California. Madam Speaker, I yield 2 minutes to the 
gentleman from Michigan (Mr. Camp), ranking member of the Ways and 
Means Committee.
  Mr. CAMP. I thank the gentleman for yielding.
  Albert Einstein once said, ``The definition of insanity is doing the 
same thing over and over again and expecting different results.''
  Yet even though their stimulus bill hasn't created a single job and 
has resulted in 10 percent unemployment, House Democrats have brought 
to the floor today a stimulus II bill that explicitly amends, 
continues, or expands numerous provisions of their failed stimulus I 
bill.
  And here's a graphic depiction of this insanity.
  How does spending more on the Bureau of Reclamation create jobs now 
when it didn't before? How does transit capital assistance create jobs 
now when it didn't before? And how do more loan guarantees create jobs 
now when they didn't before?
  This is a ``son of stimulus'' bill. Let's stop the insanity. Vote 
``no.''
  Mr. OBEY. Madam Speaker, I yield 3 minutes to the gentleman from 
Massachusetts (Mr. Frank), the chairman of the banking committee.
  Mr. FRANK of Massachusetts. Madam Speaker, the assertion that the 
economic recovery bill, the stimulus bill, has created no jobs is, I 
must say, one of the least intellectually supportable statements I have 
heard on this House floor, and I've been here a long time. There's an 
argument about how much and how little, but no competent economist 
denies that it helped create jobs.
  Here's where we are: The fact is that the Obama recovery from the 
Bush recession has been going more slowly than many of us would like, 
but it is undeniable by every statistic it is going forward.
  Now, if you listen to my Republican colleagues, you learn that the 
third worst day in American history was January 21, 2009. The worst 
day, of course, was Pearl Harbor, and then we had the terrible mass 
murders of 2001. But to pick a day when there were no mass deaths, what 
was the worst day? January 21, 2009, because according to this debate, 
guess what happened on January 21, 2009? The Federal budget, which was 
apparently in surplus, all of a sudden punched into deficit. 
Unemployment suddenly appeared. The war in Afghanistan, by the way, was 
going wonderfully until January 21, 2009. There were no bailouts until 
January 21, 2009. Some of you may have thought they happened in 
September of last year, but, no, apparently it all started on January 
21, 2009.
  And not only that--and I have to say I'm quoting my partner, Jim, 
here--it was one of the worst outbreaks of disease in American history. 
Mass amnesia seized the Republican Party on January 21, 2009. They 
forgot that the Bush recession started under President Bush in 2007, 
after they had controlled both the House and the Senate and the 
Presidency for the longest time. They forgot that the deficit had 
mushroomed under them. They forgot that trying to pay for two wars with 
five tax cuts was kind of a bad idea, and at least you shouldn't be 
surprised it resulted in a deficit.
  So what we are now doing is trying to undo that. And adults 
understand that you cannot go from a terrible decline to rapid increase 
without passing through a transitional period. We are passing through 
it by every economic statistic.
  Now, I agree the situation was worse than we thought, and it is 
getting better more slowly than we had hoped, but it is clearly getting 
better. And, again, if you listen to my Republican colleagues, the 
world began on January 21, 2009. I know some of them thought it started 
4,000 years ago, and they didn't believe in evolution. I didn't think 
they thought it all started when Barack Obama became President.
  We do try here to help. I was astounded to hear the gentleman from 
Michigan say it hasn't created one job. Madam Speaker, tell that to the 
cops and firefighters in my district who were rehired because of this. 
Tell that to the people now working to clean up a Superfund site in my 
district which was funded by this bill. This denial of reality to evade 
responsibility for the dilemma we are in is breathtaking.
  So I want to congratulate the gentleman from Wisconsin, who has been 
the most consistent advocate of social fairness and economic 
effectiveness that we've had, for a wonderful bill.
  Mr. LEWIS of California. Madam Speaker, it's my privilege to yield 2 
minutes to the gentleman from Texas (Mr. Hensarling), Chairman Frank's 
great friend from the committee.
  Mr. HENSARLING. I thank the gentleman for yielding.
  You know, repeating failure over and over might be amusing if it 
wasn't for the fact that so many of our countrymen are suffering.
  I heard the distinguished chairman of the Financial Services 
Committee share with us his history lesson, but also I might add if we 
look at press reports, clearly Democrats have had trouble counting jobs 
in America.
  What we do know is that the Department of Labor says that we still 
have double-digit unemployment under this President and this Democratic 
Congress. What we know is that the Department of Labor says that since 
the first stimulus bill was passed, to add an extra trillion dollars of 
spending and debt for future generations to pick up, that 3.6 million 
of our fellow countrymen have lost their jobs.
  The history lesson that I hope my friends on the other side of the 
aisle would learn is that you cannot spend your way into more jobs. You 
cannot borrow your way into more jobs. And you cannot bail out your way 
into more jobs. And, Madam Speaker, the legislation they bring before 
us does exactly that. It's more of the same. It is ``son of stimulus.''
  Spend another $150 billion of taxpayer money. How many more jobs have 
to be lost? It wasn't an hour ago that this body just voted for $290 
billion more of debt ceiling, borrowing the money from the Chinese, 
sending the bill to our children and grandchildren. How many more jobs 
have to be lost? Bailout funds, bailout funds for the States, bailout 
funds for the municipalities. How many more bailouts, how many more 
jobs have to be lost?
  In this economy, small business, they want to create the jobs, but 
take away your trillion-dollar takeover of health care, take away your 
$600 billion national energy tax, take away your perpetual Wall Street 
bailout bill, and jobs will come back to America.
  Those are the policies that we need, Madam Speaker.
  Mr. OBEY. Madam Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Madam Speaker, I rise in support of this jobs bill.
  We have seen 23 straight months of job losses. What does this mean? 
It means that families are under a huge stress. It means there are 
hungry children in the United States of America. It means a lost 
generation of American workers.
  We owe a response to those families contending with joblessness and 
the financial havoc it wreaks on their lives. It is not only the moral 
thing to do; it is our obligation as legislators and as citizens.
  I urge my colleagues to support this bill. It redirects $75 billion 
of TARP funds, money that was spent on Wall Street, and it moves it 
toward key infrastructure investments, which will provide jobs now. It 
provides a foundation for long-term prosperity. It helps to stabilize 
our public sector workforce. It supports teachers, police officers, 
firefighters, and other public servants. And as important, it cuts 
taxes for 16 million struggling families by making the child tax credit 
available to working families with children.
  They lost their jobs. They lost their health benefits. Their work 
hours were cut short. And, yes, their child tax credit was decreased. 
Refundable tax credits are the most fiscally stimulative policies that 
we can put into place. Don't listen to me. Listen to economists. And it 
puts money into the hands of families who are living today paycheck to 
paycheck, and their spending in turn leads to a strong boost in

[[Page 32513]]

job creation. Let's put that TARP money to work where it always 
belonged, in the hands of the American people.
  I urge my colleagues to support this bill. We need to get America 
back to work.
  Mr. LEWIS of California. Madam Speaker, it's my privilege to yield 2 
minutes to the gentleman from Virginia (Mr. Cantor), the Republican 
whip.
  Mr. CANTOR. I thank the gentleman from California.
  Madam Speaker, Winston Churchill once said that, ``All men make 
mistakes, but only wise men learn from their mistakes.''
  Today it is apparent that Congress has not learned anything. The bill 
on the floor today is just another round of spending that doubles down 
the failure of last February's so-called stimulus plan while ballooning 
the deficit.
  The first stimulus plan and bill failed to hold down unemployment, 
but it successfully increased our reliance on borrowed money. Worse, a 
lot of the money designated for infrastructure, those shovel-ready 
projects we all heard about, hasn't even gotten out of Washington yet. 
Why is it still here if it was designed to create jobs?
  Sadly, pouring billions into the very same programs will meet a 
similar dismal fate. Just as bad, this legislation continues to fall 
hopelessly short of providing real relief to small businesses so they 
can resume hiring, investing, and expanding.
  Now is not the time to spend an additional $150 billion we don't 
have. It's time to come together to ease the burden on small businesses 
and to start giving them a sense of certainty so they can go about the 
business of creating jobs and prosperity.
  Madam Speaker, I urge a ``no'' vote on this so-called ``jobs'' bill.

                              {time}  1730

  Mr. OBEY. I yield 1 minute to the distinguished gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Only the lack of clarity and poor eyesight 
can call this the so-called jobs bill, because if we've looked over the 
last year, the American Recovery and Reinvestment Act helped save 3.5 
million jobs. They named Chairman Bernanke as the person of the year, 
but his twin was the work that was done on this floor by the Democratic 
leadership to invest in America. My district has a 9 percent 
unemployment. In Saturday's Washington Post, three parents were seen 
with lights out and children who are hungry. Oh, yes, this sounds like 
spend, spend, spend, but I tell you, if we can invest a billion dollars 
in infrastructure, we create 27,800 jobs, and I'm proud to invest 35 
billion of those dollars in fixing the highways and the roads of 
America.
  I am glad 150,000 Americans will now be able to get training in high 
professional jobs, and I am glad that we are working on a metro system 
that will create jobs in our district.
  Vote for this bill. It's jobs, jobs, jobs. Get good glasses and 
you'll see that.
  Mr. LEWIS of California. Madam Speaker, by way of inquiry of my 
chairman, aside, Mr. Chairman, from the unprecedented and secretive 
process by which this bill was put together and is being brought to the 
floor, the rule before us contained a most unusual provision to allow 
the chairman to submit a report explaining the legislation. It would be 
very helpful to all Members before we vote on over $154 billion in 
spending to actually have the benefit of the chairman's explanation.
  I, for one, have not only not seen this report, I didn't even know he 
was writing one. Therefore, I would ask the chairman, is there a copy 
of this report, and will you make it available now so that Members will 
have a chance to see it before we vote on this bill?
  Mr. OBEY. Well, I find it very interesting that the gentleman has not 
raised this point with respect to the Defense appropriations bill. But 
let me simply say that the explanatory statement for this bill is very 
short. It is on our Web site. It was posted there this morning.
  Mr. LEWIS of California. The chairman certainly might have given us 
the courtesy of communicating that that was his intention ahead of 
time. And it's very clearly stated within the report that the Members 
would have it available to them. Obviously, the chairman has chosen to 
ignore that side of the responsibility.
  With that, I reserve the balance of my time.
  Mr. OBEY. Might I inquire how much time is remaining on both sides?
  The SPEAKER pro tempore. The gentleman from Wisconsin controls 7\1/2\ 
minutes, and the gentleman from California controls 8 minutes.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Pennsylvania (Mr. Fattah).
  Mr. FATTAH. Madam Speaker, I rise in support of this legislation. The 
Republican minority has been fairly consistent. When we focused on 
health care, they said, well, 85 percent of the people in the country 
have health care, so let's not turn things upside down, let's not 
sacrifice too much to try to deal with the tens of millions who don't 
have it; 85 percent have it.
  On the jobs front, 90 percent of the people in the country have jobs. 
So I can see their lack of empathy for the 10 percent who don't, and 
they don't see a need for us to act. But as we come to this holiday 
season, as we look and see many of our citizens who not only have not a 
job at this moment, mainly because of policies enacted, this 
unwarranted war in Iraq and fiscal policies that have had us a double-
digit national debt in the trillions before Barack Obama was sworn into 
office, but they don't really see a need for us to do a great deal of 
effort here to try to put Americans back to work.
  I want to thank the chairman for authoring this legislation which is 
bifurcated, both focused on jobs and also in helping people in a 
difficult moment. That's what I think America ought to be about. I rise 
in support of this legislation.
  Mr. OBEY. Could I inquire of the gentleman how many speakers he has 
remaining.
  Mr. LEWIS of California. We have no speakers remaining. I might make 
a few remarks after I hear what the chairman has to say.
  Mr. OBEY. Well, I am the last speaker, and since I have the right to 
close, I would suggest you use your time and then we'll use ours.
  Mr. LEWIS of California. Can you give me an idea how much of your 
time you intend to take?
  Mr. OBEY. The remainder of the time.
  Mr. LEWIS of California. Ten minutes?
  Mr. OBEY. No, we don't have 10 minutes.
  The SPEAKER pro tempore. The gentleman from Wisconsin controls 6\1/2\ 
remaining minutes, and the gentleman from California 8 minutes.
  Mr. LEWIS of California. I think it would be very important for the 
Members to know, Madam Speaker, that up to this point, only about 15 
percent of the first piece of this package has been spent, so Stimulus 
I is a long ways away from being spent. And I think we all know that 
the agencies are awash in money coming through the pipeline, and they 
wonder where it's going to go from here. It's significant to know that 
as we spend the people's money in this process, with very, very little 
information available to our Members, the majority is choosing to push 
another $150 billion down that pipeline, regardless of what has been 
spent already.
  It seems to me that one of the lessons to be learned here is that the 
American people are much smarter than we give them credit for. They 
know that just throwing money at every perceived problem out there is 
no way to solve such a problem. In the meantime, I will listen with 
interest to my chairman's closing remarks.
  I yield back the balance of my time.
  Mr. OBEY. Madam Speaker, we have heard three times at least now our 
friends on the minority side indicate that only 12 percent of the 
original stimulus funding has, quote, left the Treasury. That's a very 
slippery way to put it, because the fact is that what ``left the 
Treasury'' means is that after funds are obligated to those who will 
actually spend it, and after the bills

[[Page 32514]]

have been paid by those recipients, then the money has, indeed, left 
the Treasury. The real term to focus on is what has been obligated. And 
the fact is that for the programs in this bill, 70 percent of the funds 
previously appropriated to those programs have already been obligated. 
So much for that argument.
  Example: The minority press release states, ``No funds out of the $1 
billion provided for COPS has left the Treasury.'' The fact is, all of 
that funding has been awarded.
  The minority press release states, ``Only $235 million out of the 
$6.4 billion for EPA wastewater grants has left the Treasury.'' The 
fact is, 99 percent of that funding has already been provided to the 
States. So much for that straw man.
  Let me, Madam Speaker, simply make this observation: we have before 
us a bill that determines to redirect $75 billion, which had initially 
been directed to help Wall Street, and we want to, instead, redirect 
that money to help Main Street. So we provide $27 billion, for 
instance, for highway infrastructure projects to put people back in 
construction. You're either for it or you're against it.
  We have provided enough funding in this legislation to assist more 
than 670 communities address their growing backlog of water and sewer 
repairs and put people to work in the process. You're either for it or 
against it.
  We've provided $27 billion from Wall Street to Main Street to try to 
stabilize public service jobs. We're trying to preserve 250,000 
teaching jobs over the next 2 years, for instance. You're either for 
doing that or you're against it.
  We're trying to use $500 million to preserve the jobs of thousands of 
firefighters all across the country. You are either going to help or 
you're not.
  We are trying to provide 250,000 disadvantaged youth with summer 
employment opportunities. You're either going to help them or you're 
not.
  We're trying to provide 250,000 students with additional college work 
study funds so they can stay in school. You're either going to help 
those students or you're not.
  We're trying to provide funding for approximately 150,000 individuals 
in high-growth and emerging industry sectors where we know there are 
job growth possibilities. You're either going to help support that or 
not.
  We are trying to provide unemployment insurance for 6 months rather 
than the 2-month extension that was in the previous bill today. You're 
either going to help those people or not.
  We are trying to provide $23 billion to extend the higher Federal 
match for payments to doctors, or we're not.
  So, basically, it's about time to decide where you're coming from. An 
article in the New York Times today described what happens when you 
lose your job. It pointed out that more than half of the Nation's 
unemployed workers have had to borrow money from friends or relatives 
since losing their jobs. They've had to cut back on doctor visits. That 
same article indicates that a quarter of those polled had said they'd 
lost their home or been threatened with foreclosure. They also noted 
that half of the adults surveyed admitted to feeling embarrassed or 
ashamed as a result of being out of work. And nearly half of the 
respondents said they no longer had health insurance. The question is, 
are you going to help those people or not?
  We can argue what our economic philosophy is until the cows come 
home, as they say in my area, but it seems to me that the question 
simply is, We've got a problem; what are you going to do about it?

                     JOBS FOR MAIN STREET ACT, 2010

                         EXPLANATORY STATEMENT

                            THE JOBS CRISIS

       A jobs bill is urgently needed because of the worst job 
     situation since the Great Depression of the 1930s. The vast 
     majority of fair-minded economists have concluded that the 
     Recovery Act has had a positive effect on the job situation 
     and they also agree that sizeable and targeted deficit 
     spending makes sense at this time of unusually high 
     unemployment, low inflation, and low interest rates, but not 
     after the economy recovers.
       The current recession has been especially severe in the 
     labor market:
       The unemployment rate has reached 10 percent. Almost every 
     age and education group is experiencing higher unemployment 
     than at any time since the 1930s.
       This dismal unemployment situation is not expected to 
     improve any time soon. The Blue Chip consensus of economic 
     forecasters expects the unemployment rate to get worse early 
     next year and still be 9.9 percent at the end of 2010.
       The number of people unemployed has more than doubled in 
     the last two years, from 7.2 million to 15.4 million, an 
     increase of 8.2 million. 10.6 million more people would have 
     a job today if employment growth had simply kept up with 
     population growth over the last two years.
       The crisis in the job-market goes beyond the increase in 
     unemployment. The number of people working part time but 
     seeking full-time work has doubled in two years, from 4.5 
     million to 9.2 million. The number of people who want a job 
     but are too discouraged to look for work has risen by 1.4 
     million or 30 percent in two years.
       The total number of people who are either unemployed or 
     working part-time for economic reasons or have dropped out of 
     the labor force but want a job has risen by 14.2 million in 
     just two years.
       Other indicators make the case for a jobs bill:
       For the first time since the 1930s, manufacturing is using 
     less than two-thirds of its capacity. So much unused capacity 
     means that production can be very responsive to new demand 
     without increases in prices.
       With its Federal funds rate at virtually zero, the Federal 
     Reserve's capacity to stimulate the economy is limited.
       The rates on Federal government borrowing remain unusually 
     low.
       The evidence is overwhelming that the Recovery Act has made 
     the job situation substantially better than it would have 
     been without the Recovery Act:
       The Congressional Budget Office recently estimated that, as 
     of September, the Recovery Act had already raised employment 
     by 600,000 to 1.6 million. All major private forecasters have 
     made similar estimates.
       The rate of job loss has declined from 700,000 a month for 
     the three months before the Recovery Act to just 11,000 job 
     losses last month.
       A recent Wall Street Journal survey of economic forecasters 
     found that a clear majority supported additional jobs 
     measures, a position that they would not have taken unless 
     they believed the first round had worked.
       Continued high unemployment takes a toll on those 
     unemployed and their families who experience the frustration 
     of not finding work. Local communities also suffer a loss of 
     tax base which forces cutbacks on education and other 
     services vital to everyone in the community.
       It makes sense for the Federal government to invest more in 
     expanding training opportunities at times of high 
     unemployment. State and local governments face pressures to 
     cut back on all spending, including education. On the other 
     hand, the lack of work opportunities gives many people more 
     time to devote to education and upgrading job skills.
       Faster reduction of unemployment is in the long-term 
     interest of the Nation's economy. When people have jobs, they 
     have money to spend that has a multiplier effect on the 
     economy generally. In addition, prolonged unemployment causes 
     workers' skills to erode which reduces the Nation's 
     productive capacity.

              TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT

                    CHAPTER 1--DEPARTMENT OF JUSTICE

                  Community Oriented Policing Services


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,179,000,000 for Community Oriented 
     Policing Services grants for the hiring and rehiring of an 
     estimated 5,500 law enforcement officers.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                    CORPS OF ENGINEERS--CIVIL WORKS

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides an additional $715,000,000 for 
     Construction to support an estimated 7,800 jobs. This funding 
     will support the construction of water resource projects in 
     areas where they can quickly create jobs. Unemployment in the 
     construction industry in November was 19.4 percent, up from 
     just 6.2 percent two years ago. The projects will also 
     provide long-term economic benefits through lasting 
     infrastructure improvements. The Corps is directed to 
     consider the following criteria when allocating funds: 
     programs, projects or activities that can be commenced 
     quickly; programs, projects or activities that will create 
     high and immediate employment; programs, projects or 
     activities that will be executed by contract or direct hire 
     of temporary labor; and programs, projects or activities that 
     are located in a state with high unemployment.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides an additional $100,000,000 to support an 
     estimated 1,000 jobs for the

[[Page 32515]]

     programs of the Bureau of Reclamation. This funding will 
     support the construction of water supply projects in areas 
     where they can quickly create jobs in the construction 
     industry. Unemployment in that sector was 19.4 percent in 
     November, up from just 6.2 percent two years ago. The Bureau 
     is directed to consider the following criteria when 
     allocating funds: programs, projects or activities that can 
     be commenced quickly; programs, projects or activities that 
     will create high and immediate employment; programs, projects 
     or activities that will be executed by contract or direct 
     hire of temporary labor; and programs, projects or activities 
     that are located in a state with high unemployment. 
     Additionally, funds are provided to respond to drought in 
     western and southwestern United States by expediting projects 
     and activities that supplement existing water supplies such 
     as through the title XVI program, meeting fish and wildlife 
     needs, adding flexibility to water delivery systems, or 
     addressing other factors to reduce conflict over limited 
     water supplies.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

         Title 17 Innovative Technology Loan Guarantee Program

       The bill provides an additional $2,000,000,000 for the cost 
     of guaranteed loans authorized by section 1705 of the Energy 
     Policy Act of 2005. This funding should support an estimated 
     22,000 jobs in the renewable energy sector, providing a boost 
     to the construction industry as well as contribute to the 
     Nation's goals for energy independence. Most renewable energy 
     funds are spent on materials and workmanship to build and 
     maintain the facilities, rather than on costly energy 
     imports. Further, as we build manufacturing capability in the 
     United States, renewable energy technologies developed and 
     built here can be sold overseas, providing a boost to the 
     U.S. trade deficit.

     INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAMS

       Section 1201 includes a provision modifying the Energy 
     Policy Act of 2005 authorization for the Department of 
     Energy's Innovative Loan Guarantee Program.

                      CHAPTER 3--HOMELAND SECURITY

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                     Firefighter Assistance Grants

       This bill provides $500,000,000 to retain, rehire, and hire 
     an estimated 2,500 firefighters across the United States and 
     directs the Department of Homeland Security to make these 
     awards within 120 days. The Secretary may transfer any unused 
     funds to firefighter assistance equipment grants subject to 
     notification.

                CHAPTER 4--INTERIOR AND THE ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   Management of Lands and Resources

       The bill provides $20,000,000 as an additional amount for 
     ``Management of Lands and Resources'' to support an estimated 
     1,000 term jobs. These funds should be used to increase term 
     employment for activities on all Bureau of Land Management 
     lands including maintenance, resource management, invasive 
     species management, and inventory and monitoring.

                UNITED STATES FISH AND WILDLIFE SERVICE

                          Resource Management

       The bill provides $30,000,000 as an additional amount for 
     ``Resource Management'' to support an estimated 1,500 term 
     jobs. These funds should be used to increase term employment 
     for activities funded under this heading, including 
     activities on all national wildlife refuges and national fish 
     hatcheries such as maintenance, invasive species management, 
     inventory and monitoring, and for high priority habitat 
     restoration projects.

                         NATIONAL PARK SERVICE

                 Operation of the National Park System

       The bill provides $50,000,000 as an additional amount for 
     ``Operation of the National Park System'' to support an 
     estimated 2,700 term jobs. These funds should be used to 
     increase term employment for activities on all national park 
     units such as maintenance, interpretive, and resource 
     management activities including invasive species management, 
     inventory and monitoring, restoration of historical 
     resources, and work with the National Register of Historic 
     Places.

                        DEPARTMENT-WIDE PROGRAMS

                        Wildland Fire Management

       The bill provides $20,000,000 as an additional amount for 
     ``Wildland Fire Management'' to support an estimated 1,000 
     term jobs. These funds should be used to increase term 
     employment for activities on all Interior Department lands, 
     particularly for hazardous fuels reduction and related 
     activities including necessary inventory and monitoring.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $2,000,000,000 for water and wastewater 
     infrastructure improvements, of which $1,000,000,000 is for 
     the Clean Water State Revolving Fund and $1,000,000,000 is 
     for the Safe Drinking Water State Revolving Fund. This 
     funding will support approximately 44,000 jobs and will 
     assist more than 670 communities and cities construct vitally 
     needed projects to address the ever growing backlog of sewer 
     and water repairs and rehabilitation. The bill provides that 
     half of the funds include additional subsidies such as 
     principal forgiveness and grants, making it easier for more 
     communities to have access to this program.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       STATE AND PRIVATE FORESTRY

       The bill provides $75,000,000 as an additional amount for 
     ``State and Private Forestry'' to support an estimated 3,800 
     term jobs. These funds are for financial assistance to States 
     and other authorized cooperators, to increase term employment 
     for activities, including reducing wildfire hazards, forest 
     health management, restoring and rehabilitating forests 
     damaged by pests or invasive species, enhancing urban and 
     community ecosystems, and providing cooperation and technical 
     assistance. The Forest Service should not require cost share 
     for the use of these urgently needed funds.

                         NATIONAL FOREST SYSTEM

       The bill provides $40,000,000 as an additional amount for 
     ``National Forest System'' to support an estimated 2,000 term 
     jobs. These funds should be used to increase term employment, 
     including management, protection, improvement and utilization 
     activities on the National Forest System, and including 
     maintenance, resource management, visitor services 
     enhancement, forest health, habitat and watershed 
     enhancement, invasive species management, and necessary 
     inventory and monitoring.

                        WILDLAND FIRE MANAGEMENT

       The bill provides $35,000,000 as an additional amount for 
     ``Wildland Fire Management'' to support an estimated 1,800 
     term jobs. These funds should be used to increase term 
     employment for Forest Service authorized activities, 
     including hazardous fuels reduction and related activities, 
     such as necessary inventory and monitoring.

                    GENERAL PROVISIONS--THIS CHAPTER

       Section 1401 allows funds for management and oversight 
     provided to the Environmental Protection Agency in this Act 
     to be available until September 30, 2012, and the funds may 
     be transferred to the ``Environmental Programs and 
     Management'' account as needed.
       Section 1402 requires the Secretaries of the Interior and 
     Agriculture to utilize, to the maximum extent practicable, 
     the Public Lands Corps, Youth Conservation Corps, Student 
     Conservation Association, Job Corps, Corps Network members 
     and other related partnerships with Federal, State, local, 
     tribal or non-profit groups that serve young adults, 
     underserved and minority populations, veterans and special 
     needs individuals.

CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                                AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and Employment Services

       The bill includes $500,000,000 for a summer employment 
     program for youths. According to the Bureau of Labor 
     Statistics (BLS), the unemployment rate for teenagers (age 
     16-19) reached 26.7 percent in November 2009--the highest 
     level recorded since BLS began collecting data. These funds 
     will support summer youth employment for approximately 
     250,000 disadvantaged youths.

                            High Growth Jobs

       The bill includes $750,000,000 for competitive grants to 
     support job training for approximately 150,000 individuals in 
     high growth and emerging industry sectors, particularly in 
     the health care and green industries that are adding jobs 
     despite difficult economic conditions. Grants for job 
     training in green industries will focus on programs that 
     train workers living in areas of high poverty.

                        DEPARTMENT OF EDUCATION

                          Education Jobs Fund

       The bill includes $23,000,000,000 for an Education Jobs 
     Fund to help States cope with the most dramatic decline in 
     State tax receipts on record--due to the worst recession in 
     30 years. These funds will help States to save or create an 
     estimated 250,000 jobs over the next two years. Of the total 
     appropriation, 95 percent of the funds will be allocated by 
     States to school districts and public institutions of higher 
     education to retain or create jobs providing early childhood 
     education, elementary, secondary, or postsecondary education 
     services or for modernization, renovation, and repair of 
     facilities. The remaining 5 percent of funds is reserved for 
     State education-related jobs and administration of the 
     Education Jobs Fund.

                      Student Financial Assistance

       The bill includes $300,000,000 to support the College Work 
     Study program, which supports

[[Page 32516]]

     low- and moderate-income undergraduate and graduate students 
     who work while attending college. Together with institutional 
     matching funds, this appropriation will support work-study 
     jobs for approximately 250,000 financially needy students.

                            RELATED AGENCIES

             Corporation for National and Community Service

                           Operating Expenses


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $200,000,000 for AmeriCorps programs and 
     the National Service Trust, which will support an additional 
     25,000 AmeriCorps Members. This funding will enable these 
     individuals to serve their communities while earning an 
     education award to further their education or pay off student 
     loans. AmeriCorps members conduct vital services for 
     nonprofits and communities including financial counseling, 
     disaster response, housing support, and after school 
     programs. The Corporation has seen an unprecedented level of 
     interest from States, localities, and nonprofit organizations 
     in its programs. Between November 2008 and April 2009, 
     AmeriCorps received 76,404 online applications, up 230 
     percent compared to the same period in the year before.

                    GENERAL PROVISIONS--THIS CHAPTER

   Issuer Allowed Refundable Credit for Qualified Zone Academy Bonds 
        (QZABS) and Qualified School Construction Bonds (QSCBs)

       Section 1501 includes several provisions pertaining to 
     QSCBs and QZABs, which finance public school construction, 
     rehabilitation, and repair. Because the market for tax 
     credits on QSCBs and QZABs currently is small given economic 
     conditions, the bill would allow a State, local government, 
     or tribal government issuing QSCBs or QZABs to elect to 
     receive a direct payment from the Federal government equal to 
     the amount of the tax credit that would have otherwise been 
     payable on these bonds. The bill also includes a technical 
     correction that clarifies that large local school districts 
     are allowed to carry their 2009 and 2010 allocations of QSCBs 
     into future years if they are not issued.

      CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                       GRANTS-IN-AID FOR AIRPORTS

       The bill provides $500,000,000 for the Federal Aviation 
     Administration to provide discretionary airport grants to 
     repair and improve critical infrastructure at our Nation's 
     airports. Projects funded under this Act, as well as under 
     the American Recovery and Reinvestment Act, use the criteria 
     established for grants under the AIP program and provide 
     long-term economic, safety and capacity benefits to the 
     Nation's airport system. This funding will support an 
     estimated 5,000 jobs.

                     Federal Highway Administration


                   HIGHWAY INFRASTRUCTURE INVESTMENT

       The bill provides $27,500,000,000 for additional highway 
     infrastructure investment to support an estimated 299,000 
     jobs. Funds are distributed by formula, with a portion of the 
     funds within each State being suballocated by population 
     areas. Set asides are also provided for: management and 
     oversight; Indian reservation roads; park roads and parkways; 
     forest highways; refuge roads; ferry boats; on-the-job 
     training programs focused on minorities, women, and the 
     socially and economically disadvantaged; a bonding assistance 
     program for minority and disadvantaged businesses; Puerto 
     Rico and the territories; and environmentally friendly 
     transportation enhancements.

                    Federal Railroad Administration


     CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       The bill provides $800,000,000 for capital grants to the 
     National Railroad Passenger Corporation (Amtrak) for fleet 
     modernization, including the rehabilitation of existing and 
     acquisition of new passenger equipment, including fuel 
     efficient locomotives. The Secretary of Transportation is 
     directed to give priority to domestically manufactured 
     equipment, including components and subcomponents used for 
     rehabilitation. In addition, new acquisitions should be part 
     of a larger strategy to work with domestic manufacturers to 
     create a standardized next generation corridor equipment 
     fleet. This funding supports an estimated 9,000 jobs.

                     Federal Transit Administration


                       TRANSIT CAPITAL ASSISTANCE

       The bill provides $6,150,000,000 for urban and rural 
     formula grants to support an estimated 67,000 jobs. Within 
     the total amount, 80 percent of the funds shall be provided 
     through the Federal Transit Administration's (FTA) urbanized 
     formula; 10 percent shall be provided through FTA's rural 
     formula; and 10 percent shall be provided through FTA's 
     growing states and high density formula. In addition, the 
     bill provides 2.5 percent of the rural funds for tribal 
     transit needs and includes $100,000,000 for discretionary 
     grants to public transit agencies for capital investments 
     that will assist in reducing the energy consumption or 
     greenhouse gas emissions of their public transit agencies.


                FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT

       The bill provides $1,750,000,000, to support an estimated 
     19,000 jobs, to be distributed through an existing authorized 
     formula for capital projects to modernize or improve existing 
     fixed guideway systems, including purchase and rehabilitation 
     of rolling stock, track, equipment and facilities.


                       CAPITAL INVESTMENT GRANTS

       The bill provides $500,000,000, to support an estimated 
     5,000 jobs, to be distributed on a discretionary basis for 
     New Starts and Small Starts projects that are already in 
     construction or are nearly ready to begin construction.

                        Maritime Administration


          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $100,000,000 for the Maritime Guaranteed 
     Loan (Title XI) program to allow vessels and shipyards to 
     obtain long-term financing for growth and modernization 
     projects.

            GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION

                         Maintenance of Effort

       Section 1601 ensures continued State investment in certain 
     identified programs for which the State receives funding in 
     this Act and requires grant recipients to report regularly on 
     the use of those funds.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                      PUBLIC HOUSING CAPITAL FUND

       The bill provides $1,000,000,000 for the Public Housing 
     Capital Fund for additional repairs and rehabilitation of 
     public housing, including increasing the energy efficiency of 
     units and making critical safety repairs. The Secretary is 
     directed to award these funds competitively to public housing 
     agencies that submitted applications in the competition for 
     funds conducted in fiscal year 2009. In that competition, HUD 
     received applications totaling approximately $3,700,000,000 
     for Capital Fund projects, but was only able to fund 
     $1,000,000,000 in awards. This funding will spur construction 
     quickly, especially since HUD has ready-to-go applications 
     for projects on hand. This funding will support an estimated 
     10,900 construction jobs.

                   Community Planning and Development


                           HOUSING TRUST FUND

       The bill provides $1,000,000,000 for the National Housing 
     Trust Fund to provide communities with funds to build, 
     preserve, and rehabilitate rental homes that are affordable 
     for extremely and very low income households; and $65,000,000 
     for project-based vouchers to support units built by the 
     Trust Fund. Nationwide, for every 100 extremely low income 
     renter households, there are only 37 homes they can afford, 
     further, capital expenditures for housing will create jobs in 
     the construction industry. This funding will support an 
     estimated 19,000 construction jobs.

                      CHAPTER 7--GENERAL PROVISION

                             TARP REDUCTION

       Section 1701 reduces the ceiling on loans, investments and 
     other assistance under the Troubled Asset Relief Program 
     (TARP) by $150,000,000.
       Section 1702 provides that all funds under this title shall 
     be subject to section 1604 of division A of the American 
     Recovery and Reinvestment Act of 2009.
       Section 1703 makes appropriations in this title subject to 
     American Recovery and Reinvestment Act reporting and 
     transparency requirements and Inspector General oversight.

               TITLE II--SURFACE TRANSPORTATION EXTENSION

       This title extends the authorization for the highway, 
     transit, highway safety and motor carrier safety programs of 
     the Department of Transportation until September 30, 2010. In 
     addition, the bill includes language that provides 100 
     percent federal share for the transportation programs 
     authorized in the title, repeals the provision that prohibits 
     Highway Trust Fund balances from earning interest, and 
     restores $20,000,000,000 to the Highway Trust Fund.
       This title also strengthens the Buy America requirements 
     for highway and transit projects, and provides greater 
     transparency for Buy America waivers.

           TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       Department of Agriculture


                    GENERAL PROVISION--THIS CHAPTER

                              (RESCISSION)

  Relief for Discrimination in a Credit Program of The Department of 
           Agriculture Under The Equal Credit Opportunity Act

       Section 3101 extends the statute of limitations for claims 
     of discrimination in USDA's credit programs that have been 
     pending at USDA.

[[Page 32517]]



          CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                          INDEPENDENT AGENCIES

                     Small Business Administration

                     Business Loans Program Account

       The bill provides $354,000,000 to the Small Business 
     Administration (SBA), to continue two temporary enhancements 
     to SBA loan guarantee programs made by the American Recovery 
     and Reinvestment Act of 2009 and which are nearly out of 
     funding. One of the enhancements being extended allows the 
     SBA to guarantee 90 percent of certain small business loans, 
     instead of the 75 percent allowed under permanent law (or 85 
     percent for small loans), thereby encouraging banks to make 
     these loans by reducing the amount they have at risk and the 
     reserves they must hold. The other reduces fees paid by 
     lenders and borrowers. The funding provided in the bill is 
     estimated to be sufficient to continue both items through the 
     end of fiscal year 2010. The bill also extends the expiration 
     date of the authorization for the 90 percent loan guarantees 
     to September 30, 2010.

                    GENERAL PROVISION--THIS CHAPTER


                              (RESCISSION)

       Section 3201 rescinds funds that will lapse at the end of 
     fiscal year 2010.

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                    GENERAL PROVISIONS--THIS CHAPTER

       Assistance for Unemployed Workers and Struggling Families

       Section 3301 provides a six-month extension of expiring UI 
     benefit provisions that were established or continued in the 
     American Recovery and Reinvestment Act, including the 
     Emergency Unemployment Compensation program, 100 percent 
     Federal funding for the Extended Benefits program, and the 
     extra $25 weekly UI benefit.

   Extension and Improvement of Premium Assistance for COBRA Benefits

       Section 3302 extends the 65 percent COBRA health insurance 
     subsidy from nine to 15 months for individuals who have lost 
     their jobs. The job lost eligibility date is extended in the 
     provision through June 30, 2010.

 Extension of Recovery Act Increase in the Federal Medical Assistance 
                           Percentage (FMAP)

       Section 3303 extends for six months, through June 2010, the 
     FMAP provision in the Recovery Act, which increases the 
     Federal match for Medicaid for all State programs.

Repeal of Earned Income Threshold for Determining Refundable Portion of 
                            Child Tax Credit

       Section 3304 increases the eligibility for the refundable 
     portion of the child tax credit. The bill would increase the 
     eligibility for the refundable child tax credit in 2010. For 
     2009, the child tax credit is refundable to the extent of 15 
     percent of the taxpayer's earned income in excess of $3,000. 
     The bill would eliminate this floor for 2010.

    Department of Health and Human Services (HHS) Poverty Guidelines

       Section 3305 includes a provision to freeze the HHS poverty 
     guidelines at 2009 levels in order to prevent a reduction in 
     eligibility for certain means-tested programs, including 
     Medicaid, Supplemental Nutrition Assistance Program (SNAP), 
     and child nutrition, in 2010.

   Refunds Disregarded in the Administration of Federal Programs and 
                      Federally Assisted Programs

       Section 3306 provides, for one year, the exclusion of tax 
     refunds as income for the purpose of assessing eligibility 
     for means-tested programs supported by Federal funds.
       Section 3307 permanently authorizes a provision to help 
     Social Security and Supplemental Security Income disability 
     claimants retain professional representation.

                CHAPTER 4--GENERAL PROVISION--THIS TITLE

       Section 3401 provides an emergency designation and PAYGO 
     emergency designation.

                 TITLE IV--GENERAL PROVISIONS--THIS ACT

       Section 4001 establishes a period of availability for 
     funds.
       Section 4002 requires Buy America requirements.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Pursuant to clause 9 of rule XXI of the Rules of the House 
     of Representatives, neither the amended bill nor the 
     explanatory statement contains any congressional earmarks, 
     limited tax benefits, or limited tariff benefits.

  With that, I would yield to the Speaker to conclude my remarks.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized.
  Mr. LEWIS of California. Madam Speaker, I certainly would not object, 
but I had asked the chairman about additional speakers, and clearly I 
would never, ever detract from our Speaker, but in the meantime, a 
little straightforward discussion would be helpful.
  Mr. OBEY. If the gentleman would yield. Well, he doesn't have the 
time. I will simply take the time to say that if I had known that the 
Speaker had been able to come to the floor, I certainly would have told 
the gentleman. I simply didn't know, and I trust that he believes me.
  Mr. LEWIS of California. I certainly do.
  Mr. OBEY. I thank the gentleman for that clarification.
  Ms. PELOSI. Madam Speaker, I thank the distinguished chairman for 
yielding, for his unyielding work on behalf of America's working 
families, and in this case today for the creation of jobs, to grow our 
economy and to help those who have lost their jobs through no fault of 
their own.
  I am grateful to the distinguished ranking member, Mr. Lewis, for his 
courtesy. Yes, my apology. I didn't realize the debate would go to this 
point. But I did want to take the opportunity to talk about jobs to our 
colleagues and to this Congress in general.
  Just to put it in perspective, 1 year ago, in January, the job loss 
was 740,000 jobs for that 1 month alone. Fast forward to now, and the 
job loss for November is 11,000 jobs. Seven hundred forty thousand 10 
months ago; 11,000 jobs this month. We don't want to lose any jobs. But 
we are on the road to recovery, and we are there because this Congress 
made some very important and difficult decisions to take us there. We 
are on the road to recovery because of the leadership of President 
Barack Obama, who stood on the steps of the Capitol on his inauguration 
and asked for swift, bold action now so that we could take the country 
in a new direction and create jobs and grow our economy.

                              {time}  1745

  One week and 1 day from the President's inaugural address, this House 
of Representatives passed the Recovery Act. We were able to do so 
because we were ready. We had been ready with job creation packages, 
but we could not get the resources until we had a new President to make 
the investments, which took us from 740,000 jobs lost in January, in 
the first month of this year--the President, I am reminded, was 
inaugurated on January 20, toward the end of that month--and then 
11,000 jobs.
  I also want to call to our colleagues' attention back to the first 
quarter of 2009, and the GDP rate of growth was a negative. It was a 
minus 6.4 percent, a result of the failed economic policies of the 
previous administration. As of November 24, 2009, the GDP has a 
positive 2.8 and is growing; a swing of 9.2 percent in the GDP from 
negative, minus 6.4 to positive 2.8.
  At the same time, I call to the attention of my colleagues that 
because of this new direction to grow our economy, the stock market was 
at a nadir. The first of 2009, we're at 7,000. We are now over 10,000, 
an increase of over 3,000 points in the stock market. Economists tell 
us that some of this change is directly related to the recovery package 
that we passed in January, the fiscally sound budget that we passed 100 
days after the President's inauguration, which was a blueprint for the 
future, a statement of our national values that talked about how we 
could create jobs, lower taxes for the middle class--over 95 percent of 
the American people got a tax cut--and how we could reduce the deficit. 
It's all about job creation and reducing the deficit.
  Three pillars of changing the economy in that budget were investments 
in health care, in education, and in energy to prevent climate change, 
to create new green jobs for the future, and to do so through science 
and innovation. Innovation begins in the classroom and is central to 
our competitiveness--innovation to reduce the cost of health care to 
families, to businesses, to our budget, and to our economy to make us 
competitive and keep us number one in the world's economy. All of this 
was passed by the House of Representatives: energy, climate change, 
education, and health care.
  Then finally, this past week, we passed the regulatory reform 
legislation. Mr. Frank is here, our chairman. It is the work of many 
people in this Congress. We passed regulatory reform to hold Wall 
Street accountable, to say

[[Page 32518]]

that the party is over, to say that we are creating jobs for Main 
Street, not just wealth for Wall Street. We respect the creation of 
wealth and what it means to an economy and how it relates to the 
creation of jobs, but we cannot have a creation of wealth at the 
exploitation of the American worker. We did pass this regulatory reform 
without one Republican vote to hold Wall Street accountable, without 
one Republican vote.
  So here we are today, after this plan that started on the steps of 
the Capitol--the inauguration of our new President--that had deep seeds 
in what we had tried to do before we had a Democratic administration 
but what we had been working for, so we were ready. And now today we 
want to pass this legislation which does two things: It creates jobs 
and saves jobs by investments in building the infrastructure of 
America. It doesn't do everything we would want, but what we do in 
there is paid for, building the infrastructure of America.
  What it also invests in is to help States, cities, and localities 
keep their fiscal soundness so that they don't have to lay off 
teachers, firefighters, police officers, and people who work to meet 
the health needs of people in our community. This is important not only 
for public safety. That is self-evident. It is not only important 
because we don't want to lose our teachers. It is about the education 
of our children and how seriously that can be undermined with the 
layoffs and the uncertainty in the local and State budgets.
  But on top of all of that, while we're concerned about what this does 
to working families and how important it is for people to have their 
jobs--they are also consumers--to the extent that they lose their jobs, 
our economy loses consumers. And when our economy loses consumers, 
we're in big trouble, economic trouble. We cannot let that happen.
  So today, we have before us that package for job creation and job 
retention which is fiscally sound and which is paid for by using TARP 
funds, the unused TARP funds which were the subject of great debate but 
which, I do believe, saved us, pulled us from the brink of the 
financial crisis we were in as our recovery package later pulled us 
from the brink of economic disaster.
  In addition to that, we have some safety net provisions about the 
extension of unemployment insurance, of COBRA to meet the health needs 
of those who are unemployed, which all expire the end of December, and 
other issues that relate to the well-being of America's working 
families, to address the concerns of the unemployed but, in addition to 
that, to create jobs in a fiscally sound way.
  Fiscal responsibility is very important to us. It is our 
responsibility to our children not to increase the deficit, and that is 
why our health bill does not add one dime to the deficit; in fact, it 
decreases the deficit. I see Chairman Rangel shaking his head. It is an 
important part of paying for that legislation. And Mr. Miller and Mr. 
Waxman were so much an important part of that health care bill.
  So here we are today with an opportunity to modestly and in a paid-
for way address the issue of jobs. It's a four-letter word. Let's use 
that four-letter word everyplace we go--jobs, jobs, jobs, jobs.
  I urge my colleagues, while some of your districts and some of your 
States may be doing better than other parts of the country, this is the 
time for us to recognize that we are a national economy and that what 
happens in one State has an impact on our national recovery.
  I thank Chairman Obey for his great leadership in putting this 
package together. I urge our colleagues to act on behalf of America's 
working families through the creation of jobs in a fiscally sound way, 
to honor our responsibility of public safety by protecting our first 
responders and our responsibility to our children to make sure that 
their education does not have a gap, because we have a budgetary gap, 
and understanding the role that consumers play in our economy. I hope 
that we will have a strong ``yes'' vote on this legislation.
  With that, Mr. Chairman, I commend you again.
  Mr. LANGEVIN. Madam Speaker, I rise in strong support of H.R. 2847, 
the Jobs for Main Street Act, which redirects Trouble Asset Relief 
Program (TARP) funds from Wall Street to Main Street, where our towns, 
small businesses and families need it most.
  While we have seen some significant improvements since this time last 
year, we are still feeling the repercussions of the worst economic 
downturn since the Great Depression. Many older Americans are entering 
retirement with deflated savings, forced to dramatically adjust plans 
and expectations for their golden years. Millions of our constituents 
remain unemployed, desperately searching for jobs that simply aren't 
there. Rhode Island families are struggling to pay bills and mortgage 
payments, and in too many cases, those who used to have two salaries to 
rely on must now make do with only one. While we have brought the 
economy back from the brink, we must do more to limit job loss and 
create new employment opportunities.
  H.R. 2847 addresses these issues by redirecting $48 billion in unused 
TARP funds to highway infrastructure, school renovation grants, public 
transportation investments and airport improvement grants. To address 
our housing needs, this measure contains $1 billion for the National 
Housing Trust Fund that provides communities with funds to build, 
preserve and rehabilitate affordable rental homes and $1 billion for 
the Public Housing Capital Fund for repairs and rehabilitation of 
public housing.
  The Jobs for Main Street Act also uses $27 billion in TARP funds to 
stabilize public service jobs, including teachers, firefighters and 
police officers. It funds an Education Jobs Fund to help states retain 
or create jobs in school districts and public higher education 
institutions. And it includes funding for AmeriCorps, the College Work 
Study program, and job training for high growth and emerging industry 
sectors, including those in health care and green industries.
  Small businesses have borne the brunt of this economic crisis, and 
their inability to access credit to keep their businesses operating has 
clearly added to the high unemployment rate across the nation, and 
especially in Rhode Island. It is imperative that our small businesses 
have access to the tools they need to weather this economic downturn, 
as well as to keep and create jobs. H.R. 2847 will help by extending 
Recovery Act provisions that eliminated fees on SBA loans and 
guaranteeing these loans at 90 percent. This gives local banks and 
credit unions the confidence to lend to small businesses.
  This measure also extends crucial American Recovery and Reinvestment 
Act safety net programs that provide invaluable health and social 
services to our nation's low-income and disabled citizens with the 
inclusion of $23.5 billion in enhanced funding for state Medicaid 
programs. It further extends a provision to assist recently unemployed 
individuals and their families by helping them maintain their health 
coverage through a 65 percent subsidy for health insurance premiums 
under COBRA from nine months to 15 months and also extends unemployment 
benefits by six months.
  This job creation package will help move our country further down the 
road to recovery and help our families in need during this holiday 
season. I urge my colleagues to support this bill.
  Mr. DINGELL. Madam Speaker, I rise today to offer my unequivocal 
support for H.R. 2847, the Jobs for Main Street Act. As a federal 
representative from the state of Michigan, I can attest to the hardship 
facing my constituents, and others across the state, as a direct result 
of unemployment. This legislation will build off the progress made by 
the American Recovery and Reinvestment Act and create jobs quickly 
through projects needed by the community such as new roads, water 
facilities, and by protecting the jobs we have in the fields of 
education and law enforcement.
  H.R. 2847 is legislation that will greatly help the 15th District in 
Michigan. There is no question that Michigan has been hit the hardest 
and the earliest by this economic recession, leading unemployment 
across the country for months, which is now almost 15 percent. Yet this 
does not tell the full story. Since 2000, Michigan has lost over 
800,000 jobs, roughly one in every six, and in Detroit alone 45 percent 
of working-age adults are unemployed. Combine this with the fact that 
for every job opening about six people are applying, and you can see 
why the workers in Michigan are facing a perfect storm.
  This legislation will help to calm this storm by investing in public 
works projects that will create new jobs, setting aside $48 billion for 
rebuilding our roads and bridges, modernizing public buildings, 
constructing new water facilities, and building and preserving 
affordable rental houses. We will also help to save or

[[Page 32519]]

create jobs in our public schools, our police and fire departments, 
while training workers in growing fields such as health care and 
alternative energy or ``green'' fields.
  Further, this legislation will extend emergency unemployment benefits 
through June 2010, and extend and expand the COBRA subsidy through June 
and expand the months of help from 9 months to 15 months. These changes 
will help the nearly one million workers exhausting their unemployment 
benefits by January and the hundreds of thousands of workers who have 
already begun rolling off the COBRA subsidy program.
  It is imperative that both the House and the Senate pass H.R. 2847 
quickly. This legislation is not a hand-out; rather it is an immediate 
injection into local economies across the country. It is funding 
America families will use to keep their heat on this Christmas, to pay 
their mortgage for the next few months, and keep their health insurance 
through the summer. Quite frankly this funding is a crutch until these 
workers can find their next job, or complete the training they need for 
a second career.
  Madam Speaker, after spending this summer bailing out Wall Street, it 
is time that we help Main Street. I urge my colleagues to reiterate 
their support to the American families in need and vote in favor of 
H.R. 2847.
  Mr. LINDER. Madam Speaker, I rise in opposition to this legislation, 
and in particular the provisions adding $40 billion to the deficit, 
leading to even more tax hikes on jobs, and ultimately increasing 
unemployment across the Nation. Those provisions are just the latest in 
a series of massive expansions of Federal unemployment benefits dating 
back to 2008. And here we are again with yet another extension of 
Federal unemployment benefits, at enormous expense to taxpayers. But no 
matter how much Congress spends and no matter how many benefit 
extensions this body passes, my colleagues on the other side of the 
aisle can't seem to understand that Americans want paychecks, not 
unemployment checks. Until they drop their job-killing government 
health care takeover and energy and other massive tax hikes, jobs and 
paychecks will continue to be in far too short supply.


  Promising Millions of New Jobs, Delivering Millions More Unemployed

  Jobs and paychecks are definitely not what Democrats have delivered 
to date. They insisted their so-called 2009 stimulus bill would create 
3.5 million jobs and keep unemployment from rising above 8 percent. 
Instead we have lost almost 3 million jobs since then as unemployment 
rose to 10 percent:

                            Graphic Removed

  These rates are more than just abstract numbers. They represent real 
Americans who are no longer receiving a paycheck to provide for 
themselves and their families--a total of 3.7 million more unemployed 
than the President promised if his stimulus bill became law. Those 3.7 
million people could form an unemployment line stretching literally 
from Washington, D.C. to Chicago, Illinois. No amount of Federal 
spending, no White House jobs summit, and not even millions of 
unemployment checks can distract from that sorry record of job 
destruction.
  The American people are not fooled, either. A current CBS/New York 
Times poll finds that 61 percent think the $1 trillion 2009 stimulus 
bill has either had no effect or made the economy worse. Half as many, 
only 32 percent, think the stimulus bill has made things better.


                      Worst ``Jobs Speaker'' Ever

  In an attempt to distract from this grim record, Democrats have taken 
to blaming the last President for the failure of their own stimulus 
plan to create jobs. On December 4, 2009, 35 months after she became 
Speaker and 11 months after Barack Obama became President, House 
Speaker Nancy Pelosi said ``Bush Administration policies created a huge 
jobs deficit.'' Yet every one of the ``Bush Administration'' job losses 
she decried happened on her watch as Speaker. The facts show Nancy 
Pelosi is the worst Speaker in terms of job creation since official 
data began in 1939. More than 6 million jobs--4.5 percent of all jobs 
in the U.S. economy--have been destroyed since she became Speaker in 
2007:

                            Graphic Removed


             Worst ``Jobs President'' since Herbert Hoover

  Further, and despite repeated claims from the President and various 
Administration officials that stimulus ``is working,'' Barack Obama has 
compiled the worst jobs record since Herbert Hoover:

                            Graphic Removed


           Providing Record Amounts of Unemployment Benefits

  In response to this horrific record of rising unemployment and job 
destruction, the Democrat leadership has only one ``solution''--paying 
even more unemployment benefits. This latest extension comes just one 
month after the House considered the last expansion of unemployment 
benefits, which added 20 more weeks of Federal unemployment benefits, 
increasing total benefits to an unprecedented 99 weeks in most of the 
U.S.:

                            Graphic Removed

  The USA Today last week called this payment of 99 weeks of 
unemployment benefits ``excessive'' and ``a disincentive to find 
work.'' They're right. Everyone from Presidential advisor Larry Summers 
to the New York Times, Washington Post, and Congressional Budget Office 
agree that's a concern, especially as the job market starts to recover. 
And we all hope it will start to recover in the coming months.


              Creating Record Unemployment Benefit Receipt

  But regardless of Democrats' current ``jobs'' rhetoric, there is no 
evidence this bill will deliver jobs and paychecks--just millions more 
unemployment checks. Those checks will be in addition to the all-time 
record number of unemployment benefits currently being paid to 9.5 
million Americans per week last month. The Federal extended benefits 
programs are now so enormous--and the 2009 stimulus law was such an 
utter failure at stemming the tide of job loss and long-term 
unemployment--that soon more Americans will collect Federal extended 
benefits than regular State unemployment checks for the first time 
ever:

                            Graphic Removed


                 Adding Massively to Deficits and Debt

  These unemployment checks cost a tremendous amount of money. Since 
``emergency'' Federal unemployment benefits began in mid-2008, the 
Federal government has spent an astonishing $100 billion on these 
programs. That is 4 times what the Federal government spent on 
emergency unemployment benefits in the wake of the 2001 recession and 
terrorist attacks. The tidal wave of recent spending has bankrupted the 
Federal unemployment accounts and forced Democrats to engage in a 
massive and growing bailout with general revenues. The legislation 
before us adds to those massive totals, increasing Federal spending by 
$7 billion per month, or a total of over $40 billion more during just 
the next six months. All of which will add to our record deficits and 
debt.
  Tellingly, none of these additional unemployment benefits will be 
paid for, despite Democrats' recent claims of fiscal responsibility. 
For example, last week on the House floor, senior Ways and Means Member 
Sander Levin of Michigan said of a bill that permanently raised taxes 
to pay for temporary tax relief ``What we are suggesting here is fiscal 
responsibility. Don't dig the hole deeper and deeper. Step up and pay 
for it.'' The next day, Speaker Pelosi held a news conference at which 
she said: ``On jobs, we hope next week that in our final appropriations 
bill we will be able to have a jobs piece that will create jobs in the 
near term to address the needs of those who are unemployed and do so in 
a fiscally sound way.''
  Yet here we are again digging that hole deeper, and doing nothing 
``in a fiscally sound way.'' None of our Democrat colleagues suggest we 
``step up and pay for'' this new spending either. This despite the fact 
that, even before this measure passes, debt and unemployment have 
increased by a staggering 55 percent since President Obama took office 
just 11 months ago:

                            Graphic Removed


             More Unemployment and Benefit Spending to Come

  No one seriously thinks all this spending--or the job losses--will 
end with this extension, either. That means at least some of the 
``emergency'' spending in today's bill is likely to continue for years 
ahead. The President's economist, Dr. Christina Romer, anticipated as 
much this past weekend when she said ``I'm not going to say the 
recession is over until the unemployment rate is down to normal 
levels.'' She went on to define ``normal'' as ``where we were before 
the recession.'' How long might that take? According to a recent study 
by economists at Rutgers, the U.S. won't return to pre-recession 
employment levels until 2017. That would mean the current recession, in 
Dr. Romer's view, would last a decade, or as long as the Depression of 
the 1930s.


                The Coming Wave of Job-Killing Tax Hikes

  The Federal unemployment accounts are exhausted and most Federal 
benefits are currently supported by general revenues--the same source 
of funding for welfare benefits. State unemployment benefits, in 
contrast, remain supported either by State payroll taxes, or Federal 
loans--also supported by Federal general revenues and which will also 
have to be repaid with future State tax hikes.
  Those State tax hikes are already under way. On December 8, 2009, the 
bipartisan National Association of State Workforce Administrators 
issued a report that 35 States will increase State unemployment payroll 
taxes in 2010. These are direct taxes on jobs, made worse by the 
failure of the 2009 stimulus law

[[Page 32520]]

to create jobs and stem unemployment. The NASWA report notes the 2010 
tax hikes range up to a stunning 600 percent. As one small businessman 
said simply, ``This is a job killer.'' (A list of other recent quotes 
about how these tax hikes will destroy jobs is included below.)
  As the above data shows, Democrat stimulus legislation has succeeded 
in increasing unemployment, not reducing it. Instead of creating 3.5 
million new jobs, the 2009 stimulus bill has been followed by almost 3 
million job losses. And now record unemployment benefit payments that 
followed have become their own engine of job destruction, contributing 
to an enormous wave of Federal borrowing and State tax hikes that will 
stifle job growth for years to come.
  Adding to the pain, Democrat energy policies would increase the price 
of energy and kill millions of jobs. Democrat health policies would 
make health care and health insurance more expensive and kill millions 
more jobs. And other Democrat spending proposals in this second (or 
really third or fourth, depending on how one counts) stimulus bill will 
further drive up the debt and kill even more jobs.
  We can and must do better. It's well past time for us to shelve 
Democrats' job-killing energy, health care, and tax hike agendas. We 
will then unleash America's job creation engine so laid off workers can 
finally get back to work. That effort should start with a vote against 
this legislation, and a renewed commitment to offer unemployed workers 
real help in finding new work, instead of just more benefit checks.

  Appendix: Recent Quotes about How State Unemployment Tax Hikes Will 
                   Kill Jobs From Sea to Shining Sea

  California: ``Tax may feed unemployment: business owners fear 
insurance spike,'' March 30, 2009:
  ``Thanks to the tanking economy and past benefit hikes, the state's 
system for providing unemployment benefits is insolvent. And the fix 
that state lawmakers are considering is to dramatically raise the taxes 
employers pay into the system. The irony: That could force companies to 
lay off employees. Take, for example, Steve Diels, who owns a Redondo 
Beach call center. Any tax increase could force him to fill out some 
pink slips. `Right now, my profit margin has slipped and I'm doing 
everything I can to avoid laying anyone off,' said Diels, a Redondo 
Beach city councilman who employs 38 people at Aamcom Inc. `But if they 
increase the unemployment tax, employers like me will have to lay 
people off and that will only make things worse with the unemployment 
fund.'''
  Connecticut: ``State may tax business to bail out broke jobless 
fund,'' December 5, 2009:
  ``Tony Sheridan, president of the Chamber of Commerce of Eastern 
Connecticut, said . . . `It's a tough situation and there's not one 
single business that can stand a tax increase'.''
  Florida: ``Creating more jobs is `Job No. 1','' December 10, 2009
  ``A good example of policy that discourages hiring is the impending 
radical increase in the unemployment tax in Florida, triggered by the 
depletion of the unemployment trust fund by record jobless claims. That 
increase is so steep--from $8.40 per employee to $100 for the minimum 
tax; from $378 to $459 for the maximum--that it could not only 
discourage hiring, it could put some businesses under.''
  Hawaii: ``Big payroll tax reset weighs on Hawaii business,'' December 
4, 2009:
  ``Big Island contractor Hinchcliff Drywall Construction will see a 
more than six-fold increase in its payroll taxes next year, which will 
soar from the current $18,500 annually to $116,350. . . . `I don't 
understand why the rates were not raised gradually over the period of 
two or three years--it almost seems a bit backwards,' said Michelle 
Danihel-Kreusling, controller of Hinchcliff Drywall, which employs 80 
people. `Practically cutting off your nose to spite your face,' she 
said. `This rate hike will either require many businesses to either 
drastically reduce their labor force or close shop completely, both of 
which would increase the unemployment rate.'''
  Maine: ``Maine raises unemployment tax by $54 million,'' December 1, 
2009:
  ``David Clough, Maine director of the National Federation of 
Independent Businesses, said his members will be hit hard by the tax 
hike. He said it will cost jobs, either from layoffs or positions that 
go unfilled.''
  Maryland: ``Rising unemployment taxes could hinder hiring,'' November 
22, 2009:
  ``Employers already are squeezed by tight credit, rising health care 
costs, wary consumers and a higher minimum wage. Now, the surging 
jobless rate is imposing another cost. It's forcing higher state taxes 
on companies to pay for unemployment insurance claims. Some employers 
say the extra costs make them less likely to hire. . . . Chuck Ferrar, 
who owns a liquor store in Annapolis, Md., expects to pay $9,000 in 
unemployment taxes next year, up from $3,000 this year. Health care 
costs for his employees will rise by $8,000, or 17.5 percent. `When you 
start adding this up, it turns into real money,' he said. `If I lose an 
employee through attrition, I will not replace him. You can't afford to 
do it.''
  Massachusetts: ``Unemployment at 33-year high; insurance fund running 
dry,'' October 16, 2009:
  ```This is a breathtakingly bad picture,' said Michael Widmer, 
president of the Massachusetts Taxpayers Foundation, a business-funded 
public policy group, and also a member of the advisory council that 
monitors the solvency of the two accounts that fund unemployment 
benefits. `They're putting additional taxes on employers, and we are 
seeing our jobs erode,' Widmer said in an interview. `It's devastating 
in terms of the state's competitiveness.'''
  Michigan: ``New unemployment-insurance taxes: $63 million in 2010,'' 
September 13, 2009:
  ``Frank Lope, an alliance board member and chairman of Romulus-based 
Aztec Manufacturing Corp., said . . . `It's going to be another 
impediment on businesses as they go to look at hiring people,' Lopez 
said. `It's just another, so to speak, of the many nails in the coffin 
for continued growth of businesses in the state of Michigan.'''
  Nevada: ``Businesses May See Huge Tax Increase,'' September 23, 2009:
  ``Some financial experts are still concerned that a huge jump in the 
unemployment benefit tax will force businesses to lay off employees to 
pay for the increase.''
  North Carolina: ``N.C. borrowing billions for jobless,'' December 1, 
2009:
  ``Walden, the economist, said raising taxes would be a mistake as 
long as the economy is hurting. `In essence, you can look at that as a 
tax on new employees, and we don't want to do that,' he said. The deep 
recession has made it impossible for North Carolina to forecast how 
much unemployment tax funds the state will receive from employers next 
year, Clegg said. `Not to be maudlin, but I don't know who will be 
paying taxes in the first quarter of 2010 because I don't know what 
businesses will survive,' he said.''
  Rhode Island: ``R.I. businesses to pay higher jobless taxes,'' 
November 23, 2009:
  ``Mark Higgins, dean of the University of Rhode Island's College of 
Business Administration, said the tax hike was inevitable . . . 
Depending on the circumstances, the tax increase is one factor that 
could discourage a business from hiring next year, Higgins said. Higher 
unemployment tax `just increases the cost of hiring somebody,' he said. 
`It increases the cost of payroll . . . [and] of keeping [an employee] 
on the payroll,' he said.''
  Mr. VAN HOLLEN. Madam Speaker, I rise in strong support of the Jobs 
for Main Street Act. Now that recent initiatives aimed at stabilizing 
our financial system and stimulating our economy are beginning to have 
their intended effect, this targeted legislation is laser-focused on 
job creation to ensure that all Americans will have an opportunity to 
participate in our ongoing economic recovery.
  Specifically, the Jobs for Main Street Act invests $48 billion in our 
nation's highways, transit systems, school facilities, water 
infrastructure and housing stock. In addition to putting hundreds of 
thousands of Americans back to work, these funds will make needed 
improvements and renovations to our nation's aging infrastructure. $27 
billion is provided to hire, train and equip an estimated 820,000 
teachers, police, firefighters and other public service personnel. Job-
generating small businesses will get greater access to Small Business 
Administration (SBA) loans by eliminating fees and by providing higher 
guarantees to the private banks that lend to them. These measures, in 
addition to the small business Recovery Act initiatives that preceded 
them, will help generate well over $9 billion in new small business 
lending.
  To help Americans who are out of work or have lost their employer-
provided health insurance, this legislation extends emergency 
unemployment and COBRA benefits through June, 2010. States will receive 
an extra six months of federal matching funds to help cover their 
Medicaid costs through June, 2011, and the families of 16 million low-
income children will get a tax cut through greater access to the Child 
Tax Credit.
  Madam Speaker, this Congress on a bipartisan basis extended support 
to Wall Street during a period of potentially catastrophic systemic 
risk and extraordinary need. It is now high time we make an equally 
extraordinary effort on behalf of creating jobs for Main Street so that 
the prosperity we are creating is broadly shared by all.
  Mr. BUYER. Madam Speaker, I rise in opposition to H.R. 2847 the, 
``Jobs for Main Street Act of 2009.''

[[Page 32521]]

  Madam Speaker, once again members are being asked to vote on a 100-
page bill, which was posted in the dead of night in the name of 
creating jobs that unfortunately will probably never materialize. What 
it will do is needlessly expand the size of the Federal Government. 
Madam Speaker, this is not the type of open and transparent process 
that the American people want or deserve.
  I am especially concerned that this bill spends millions of taxpayer 
dollars on innumerable pork barrel programs and pet projects, but it 
does not spend a dime to help create jobs for veterans. Recent 
unemployment numbers from the U.S. Bureau of Labor Statistics show that 
in the month of November there were over one million unemployed 
veterans, and that is unacceptable.
  The unemployment rate among our newest veterans, ages 18-24, remains 
extremely high at 20 percent. Equally disturbing is that 700,000 of the 
one million unemployed veterans are between the ages of 35 and 64, the 
years normally characterized by both highest earning power and highest 
financial need for important items such as paying mortgages and 
tuitions.
  Madam Speaker, it is because of these alarming statistics that 
earlier this month I was joined by many members of the Committee on 
Veterans' Affairs in introducing H.R. 4220 the Promoting Jobs for 
Veterans Act of 2009. H.R. 4220 would help veterans find employment by 
providing funding and incentives for them to pursue employment training 
and education. The bill would also expand opportunities within the 
Federal Government for veteran-owned and service disabled veteran-owned 
small businesses.
  It was my hope that any ``jobs package'' would have included 
provisions such as those from H.R. 4220 to help those who have defended 
freedom, and it is unfortunate that the heavy handed tactics being used 
today have effectively prevented anyone from offering an amendment to 
include these provisions.
  Madam Speaker, I believe that veterans could serve as an important 
catalyst to economic recovery. Veterans are dedicated employees and 
engaged entrepreneurs, and this would expand job and entrepreneurial 
opportunities for these selfless individuals. It is my hope that early 
in the next session we can consider H.R. 4220 and examine other ways to 
improve employment opportunities for our veterans.
  Mr. DeFAZIO. Madam Speaker, the U.S economy continues to limp along 
mired in a jobless recovery. Wall Street banks have begun to recover 
thanks to a $700 billion bailout paid for by taxpayers. Unfortunately, 
everyone else continues to suffer the effects of the economic collapse. 
Oregon's unemployment rate exceeds 11 percent and small businesses in 
my district can't get banks to lend to them. I have long advocated for 
a targeted jobs recovery program that focuses on substantial 
investments in our Nation's infrastructure, which will create jobs 
quickly and leave a long-term benefit for future generations.
  I reluctantly voted for H.R. 2847, the Jobs for Main Street Act 
because it begins to make these investments that are both desperately 
needed and effective at creating jobs. There are nearly 10,000 of 
ready-to-go infrastructure projects across the country that have been 
postponed or delayed due to decades of underinvestment and 
underfunding. There are 61,000 miles of the National Highway System in 
poor or fair condition. 152,000 bridges are structurally deficient or 
functionally obsolete. The Nation's largest transit agencies face a 
combined $80 billion maintenance backlog to bring their rail systems to 
a state of good repair.
  The American Recovery and Reinvestment Act, ARRA, provided a mere $34 
billion for highway and transit formula programs. Nearly 70 percent of 
the funding has already been put out to bid on over 9,500 
infrastructure projects. The 7,900 Recovery Act infrastructure projects 
have created or sustained more than 210,000 direct jobs, as well as 
630,000 indirect jobs in the past nine months.
  As the ARRA Act infrastructure funding draws to a close, there are 
still over 9,000 shovel ready infrastructure projects across the 
country that could proceed within 120 days. The projects include 7,500 
in ready-to-go highway and bridge projects; over 1,800 in ready-to-go 
transit, rail, port, and aviation projects; and an estimated $21 
billion worth of projects that transit agencies across the country 
could undertake immediately. These projects will create not just public 
sector construction jobs, but will procure American-made transit buses, 
trains, electrical equipment, computer systems and software designed by 
private sector, American engineers.
  H.R. 2847 represents the bare minimum of what we need to do. Should 
the Senate redirect this effort to tax cuts or other ineffective job 
creation policies, I will have a very difficult time supporting a final 
bill.
  Mr. CONYERS. Madam Speaker, I rise in support of passage of the Jobs 
for Main Street Act of 2010.
  I believe this legislation is one of the most cost effective ways to 
provide cities across this country with desperately needed federal 
funding to help create and stabilize jobs, assist families who need 
their unemployment benefits extended, and to ensure that they can keep 
their health insurance.
  Passage of the Jobs for Main Street Act of 2010 is critically 
important for America's working families, and unemployed individuals, 
given the current economic status of this country.
  The Nation is experiencing extreme difficulties leading to high 
unemployment rates, especially in my home State of Michigan. Passage of 
this bill will provide real tangible relief for those who are depending 
on the Federal Government to help them survive in a time of financial 
crisis--not empty rhetoric and promises that help nobody.
  The Jobs for Main Street Act of 2010 will help reduce these problems 
by stabilizing and creating jobs through infrastructure investments, an 
increase in public service jobs, and provide emergency relief for 
families hurt by the economy.
  The bill will provide billions of dollars to create or save jobs with 
targeted investments for highways and transit, school renovation, 
hiring teachers, police, and firefighters, small business, job training 
and affordable housing which are essential elements in promoting 
economic growth.
  However, passage of the Jobs for Main Street Act of 2010 is just the 
beginning of the process to put America back to work. We must act 
quickly to establish a full-employment economy, where every American 
who wants a job should be able to find one; and at a livable wage. This 
can and must be done if America is ever going to become a truly 
productive country.
  During the depression, President Roosevelt put millions of Americans 
to work by creating public service jobs such as building roads, 
national parks, and rural electrification systems. We can do the same 
by creating a 21st century public works jobs program for America that 
can quickly employ the millions of citizens in this country who simply 
cannot find employment in the private sector.
  The passage of this legislation will help put our Nation on the road 
to recovery. Therefore, I urge my colleagues to support this bill.
  Mr. HOLT. Madam Speaker, I rise in support of H.R. 2847, the Jobs for 
Main Street Act. This legislation would provide jobs for tens of 
thousands of Americans, preserve thousands more jobs, and continue 
essential benefits to aid the unemployed without increasing the 
national debt.
  We have taken important steps to bring our economy back from the 
worst economic crisis in three-quarters of a century. We've made 
important investments in our infrastructure, clean energy jobs, science 
research, and the next generation of workers.
  There are clear signs that the economy is improving. Instead of 
shrinking by 6.4 percent a quarter, the economy has grown by 2.8 
percent. Instead of losing 741,000 jobs a month, as the economy did a 
year ago, last month the economy shed 11,000 jobs. These are 
encouraging signs.
  Yet, I'm not going to sit on my hands and wait for job creation. 
Families in New Jersey, who have lost a job or had their hours or 
paychecks cut, are still hurting. And we know employers have cut jobs 
more sharply and are more hesitant to replace them than in previous 
downturns.
  The government can and should work together to increase employment 
opportunities in the short-term, mid-term, and long-term. Economists, 
business leaders, financial experts, among others, have argued that the 
Federal Government, and only the Federal Government, can inject into 
the economy a stimulus of sufficient size to make up for the frozen, 
collapsing economy. The package we are considering today will build on 
our previous investment, creating needed jobs and helping those who 
continue to be unemployed.
  The Jobs for Main Street Act would redirect $48.3 billion to put 
Americans to work rebuilding our Nation's crumbling roads and bridges, 
modernizing public buildings, and improving air and water quality. 
Specifically it would invest $27.5 billion in highway infrastructure 
improvements, $8.4 billion for transit improvements, and $800 million 
to improve Amtrak. It is estimated that this investment will create 
over 750,000 new jobs. Additionally, H.R. 2847 would invest $2.8 
billion in clean water infrastructure, aquatic ecosystem restoration, 
and flood mitigation; creating another 50,000 jobs. It also will put 
contractors back to work by providing states with $4.1 billion for 
school

[[Page 32522]]

construction, rehabilitation, and renovations. The $270 million that 
this legislation would invest in improving and protecting Federal, 
State, and local public lands would support approximately 14,000 short-
term jobs, improving service to visitors, reducing the large backlog in 
facilities and habitat restoration needs, and reducing hazardous fuels 
that lead to damaging and expensive wildfires. These investments will 
do more than create jobs in the short term, they will provide long term 
benefits to all Americans.
  Over the past year, I have held a number of events focused on jobs. 
Two months ago, I brought 50 central Jersey small business owners to 
Washington to hear their concerns and help them access helpful 
programs. Two weeks ago, I hosted a jobs forum in central New Jersey. 
At both events, I heard from small business owners struggling to get 
the credit and loans they need. The Jobs for Main Street Act would help 
those small businesses by eliminating fees on Small Business 
Administration loans and by providing a strong guarantee for Small 
Business Administration loans to encourage more banks to lend to small 
businesses. Small businesses are the engine that drives our economy, 
and during rough economic times they are also the engine that drives 
job creation. This is one step that Congress is taking to help our 
small businesses, who generate jobs and develop the innovative products 
of the future.
  I especially am pleased this bill provides funding to ensure that 
states can keep police officers, firefighters, teachers, and other 
State and local employees on the job. Without this funding, States 
would be forced to make the difficult decision between cutting jobs and 
services or increasing taxes. That is a choice that no state should 
have to make, especially in difficult economic times.
  The Jobs for Main Street Act includes $1.18 billion to help put more 
than 5,500 law enforcement officers on the beat throughout the United 
States, and $500 million to retain, rehire, and hire firefighters 
across the United States. According to the International Association of 
Firefighters, nearly 6,000 firefighters have been laid off or are 
subject to layoffs. An additional 6,000 positions have been lost 
through attrition. The bill would provide $18.9 billion to school 
districts and public institutions of higher education to retain or 
create 250,000 teaching jobs.
  The recession has hit those between the ages of 16 and 25 
particularly hard, and the unemployment rate is especially high for 
this group. The Jobs for Main Street Act would provide much needed job 
training and temporary public service positions to get these 
individuals back to work. The bill would provide $200 million to hire 
an additional 25,000 AmeriCorps Members, this funding would enable 
those individuals to serve their communities while earning an education 
award to further their education or pay off student loans. With the 
teenage unemployment rate at its highest rate in history, 27.8 percent, 
this legislation would invest $500 million to create 250,000 summer 
jobs for disadvantaged youth. H.R. 2847 would help up to 250,000 
students stay in school by investing $300 million in the College Work 
Study program, which supports low- and moderate-income undergraduate 
and graduate students who work while attending college. Additionally, 
this legislation would provide $750 million for competitive grants to 
support job training for approximately 150,000 individuals in high 
growth and emerging industry sectors, particularly in the health care 
and green industries that are adding jobs despite difficult economic 
conditions.
  For those workers struggling to maintain their health insurance while 
in between jobs, this bill would extend the COBRA subsidy established 
in the Recovery Act, which has already benefited approximately 7 
million Americans. This expanded COBRA subsidy would help workers for 
15 months with their COBRA health insurance premiums and help more 
Americans access this benefit. Job losses also have caused State 
Medicaid rolls to swell. This bill temporarily would increase the 
Federal Government's contribution to Medicaid to ensure States are able 
to provide health coverage to these workers. This two-prong approach 
will help ensure millions of unemployed workers are able to maintain 
health coverage for their families.
  When we talk about jobs, we are not just talking about the economy. 
We are talking about the dignity that comes from holding a steady job 
that supports your family. The Jobs for Main Street Act recognizes 
this, and would help our families in real ways. I urge my colleagues to 
support it.
  Mr. ETHERIDGE. Madam Speaker, I rise in support of H.R. 2847, the 
Jobs for Main Street Act. Over the last year, our economy has sustained 
serious damage. Although recent signs are pointing to an upswing in the 
overall economy, millions of Americans are jobless or have seen their 
hours drastically cut. The national unemployment rate is 10 percent 
while in my State of North Carolina the figure is 11 percent statewide, 
and reaches as high as 13 percent in parts of my district. Action is 
needed to help solve this crisis.
  H.R. 2847 builds on earlier actions taken by Congress to create jobs 
and get Americans back to work. This bill provides $48.3 billion for 
highway construction, mass transit, and other infrastructure projects. 
Our Nation's infrastructure is in need of a serious update, and 
repairing our highways, renovating our schools, building new mass 
transit, and improving our airports and water and sewer facilities 
provides vitally needed jobs to Americans across the country. This bill 
also extends authorization for highway, transit, and safety funding, 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act 
(SAFETEA-LU) through September of 2010. H.R. 2847 is a timely bill and 
gets funding in place for infrastructure projects that can start with 
the spring construction season.
  I would like to thank Chairman Rangel, and Speaker Pelosi, for their 
work to make Qualified School Construction Bonds more effective in this 
bill. I worked with Chairman Rangel to create these bonds to put the 
Federal Government in partnership with local schools to meet their 
needs and help create jobs. Where these bonds have been issued, they 
are having a great impact on our economy and our communities. However, 
contrary to the intentions of the bill, only 15 percent of the 2009 
QSCB bond allocations have been used to date. This bill allows State or 
local governments who issue QSCBs or Qualified Zone Academy Bonds to 
choose a direct payment to cover the interest they would otherwise have 
to fund themselves, at no additional cost to the Federal Government 
since the payment is equal to the tax credit that would otherwise be 
received by the investor. As I have mentioned before, investing in 
school construction and modernization is one of the best ways to help 
Main Street, create jobs, and address pressing national needs. I am 
pleased that we were able to make this change in the bill to bring 
funds quickly to our local schools and communities.
  H.R. 2847 also provides $26.7 billion in aid for State and local 
governments. These funds are used to retain police, firefighters, 
teachers, and other workers who would otherwise lose their jobs due to 
State and local revenue shortfalls. This bill also provides assistance 
for those struggling the most in today's economy by extending the 
emergency unemployment benefits initiative for six months and the COBRA 
health insurance subsidy for an additional six months. H.R. 2847 
includes $26.1 billion in tax credits for other assistance initiatives 
like the Child Care Tax Credit and Social Security legal assistance. 
Finally, H.R. 2847 targets small businesses, the economic engines that 
create the majority of new jobs, by extending funds for the Small 
Business Administration to continue affordable long-term loans for new 
startups.
  Not only does this bill create jobs and boost the economy, it does so 
in a fiscally responsible manner. It includes the previously House-
passed PAYGO language and would be paid for in part by savings from the 
Troubled Asset Relief Program, TARP. It's time for Wall Street to help 
shoulder some of the burden on Main Street. I support strong job 
creation measures and I support H.R. 2847. I urge my colleagues to join 
me in voting for its passage.
  Mr. CARSON of Indiana. Madam Speaker, as we consider this final 
important jobs creating measure, I would like to draw attention to one 
of the important pieces of the legislation: the extension of the 
eligibility period for COBRA benefits. Unemployment numbers continue to 
hover nationally at 10 percent; however, in many areas of the country 
these numbers are far higher. With these high numbers comes a decline 
in access to healthcare benefits and thus the need for this critical 
provision.
  Congress passed the landmark Consolidated Omnibus Budget 
Reconciliation Act (COBRA) health benefit provisions in 1986, and it 
has maintained a successful program by providing a continuation of 
group health coverage for individuals and families that might otherwise 
have been terminated. And, through the economic stimulus package passed 
in February, a 65 percent subsidy was provided for COBRA benefits for 
nine months and has been a welcome relief for thousands of unemployed 
workers who otherwise would not have been able to afford the COBRA 
premiums.
  Many individuals and families have already exhausted their subsidy 
and are trying to figure out how to maintain their health insurance 
coverage. The problem is especially felt by older Americans who are 
close to retirement age and not yet eligible for Medicare, as they

[[Page 32523]]

 tend to use more health care services. Providing our constituents with 
the ability to maintain health coverage when they become unemployed is 
a key to ensuring these individuals do not fall through the cracks and 
end up without the health insurance they need. I urge passage of this 
important legislation.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of H.R. 
2487, the Jobs for Main Street Act. I salute my colleague Chairman Obey 
for this bill that is the opening salvo in our effort to tackle one of 
the most important issues of the day facing our nation.
  The bill redirects $48.3 billion from Wall Street to help put people 
to work rebuilding our crumbling roads and bridges, modernizing public 
buildings, and cleaning our air and water. I'm happy that we gave the 
American people a gift with $27.5 billion to make additional highway 
infrastructure investments. These projects support jobs in the short 
term while saving commuters time and money in the long term.
  Another gift was made in the area of transit, with $8.4 billion for 
public transportation investments including $6.15 billion for urban and 
rural formula grants; $500 million for capital investment grants for 
new or expanded fixed guide way projects; and $1.75 billion in formula 
funds to address repair needs of existing subway, light rail and 
commuter rail systems. Public transportation saves Americans time and 
money, reducing carbon emissions by 37 million metric tons each year, 
which is timely as the world's eyes are centered on the debates in 
Copenhagen.
  These gifts are news to the ears of my constituents. Let me share 
with you that in my district, which covers parts of the nation's fourth 
largest city, Houston, TX, our unemployment rate stands at nearly 9%. 
While this rate is more than a full percentage point below the national 
average, it should be noted that over 110,000 jobs were lost in the 
first 10 months of this year. Regrettably, a disproportionate share of 
those impacted by these job losses in my district have been African 
Americans and Latinos.
  Yet, this ``jobs disparity'' is not limited to Houston; data from the 
Department of Labor indicates that African Americans throughout the 
nation today, in the era of President Obama, are still the last hired 
and the first fired. Specifically, the Bureau of Labor Statistics 
reports that the unemployment rate for African American men (20 and 
older) was 16.5 percent as of October of this year, and 12.4 percent 
for African American women at the same age level.
  Historically, experts have suggested that the antidote to 
unemployment is education. However, Labor Department statistics appear 
to indicate that education, alone, does not level the playing field. In 
fact, higher education amongst African Americans may strangely enough 
even make it more difficult to obtain a job. For the first 10 months of 
this year, as the recession has dragged on, unemployment for least 
educated workers was the same for African Americans and the general 
population. However, in 2009, the unemployment rate for African 
American college graduates 25 and older has been nearly twice that of 
their Caucasian American male counterparts (8.4 percent compared with 
4.4 percent). According to a New York Times article published on 
December 1st, even African American college graduates with degrees from 
Ivy League schools such as Yale, my alma mater, are finding themselves 
in the ranks of the unemployed.
  In addition to the racial dimension of this ``jobs disparity,'' the 
recent economic downturn has focused a spotlight on a widening gap 
between employment rates among men and women, particularly in the 
African American community. It has been reported that since the 
nation's slowdown has been most pronounced in the manual labor sectors, 
men with the lowest levels of education have suffered the brunt of the 
unemployment crisis. CNN commentators recently described our current 
economic condition as a ``man-cession.''
  According to a recent Bureau of Labor Statistics report, the 
unemployment rate for African American men aged 20 and older was 4.1 
percent higher than the unemployment rate for African American women of 
the same age group, which was 12.4 percent. This gender unemployment 
gap among African Americans mirrors a similar gap between Caucasian and 
Latino Americans, thus demonstrating a nationwide trend.
  Friends, we are in a battle for the hearts and souls of America, 
literally and figuratively. To win this battle, we must take bold 
action, like passing health care reform legislation in both chambers of 
Congress. Madam Speaker, I concur with the assessment that the health 
reform legislation voted out of this chamber last month in fact a 
``jobs bill.''
  As evidence of this, the Bureau of Labor Statistics reports that last 
month's slight dip in the unemployment rate was caused by the fact that 
for the third straight month, hospitals reported solid payroll 
additions, with 6,800 new jobs created. In the first 11 months of this 
year, the healthcare sector created 249,700 new jobs, an average of 
22,700 new health care jobs each month, according to BLS' preliminary 
data. Since the start of the recession in December 2007, overall 7.9 
million people in America have lost their jobs, while the healthcare 
sector has created 613,000 jobs.
  In an article published in HealthLeaders Media, it was reported that 
the healthcare sector--from hospitals, to physicians' offices, to 
residential mental health homes, kidney dialysis centers, and blood and 
organ banks--grew by 21,000 payroll additions in November and 613,000 
payroll additions since the start of the recession in December 2007. 
The home healthcare services sector reported 7,300 payroll additions in 
November, BLS preliminary data show.
  Recognizing this Madam Speaker, I am working with health care and 
labor leaders to craft a jobs bill that create innovative new 
retraining programs in partnership with our Historically Black Colleges 
and Universities like Texas Southern University in my District or 
Howard University, here in Washington, DC. These training programs 
would focus on retooling workers for jobs in the growth sectors such as 
health, biotech, and information technology. In addition to funding for 
job training, I propose that we provide stipends to those who are 
unemployed and who participate in training programs to assist them in 
caring for their families. Along with this, my jobs bill would allow 
unemployed workers participating in job retraining to continue 
receiving unemployment benefits.
  As a senior member of the Judiciary Committee, I am also working with 
the DOJ to incorporate into my jobs legislation a measure that would 
assist ex-offenders who are returning to the job market with strikes 
against them. In addition to eliminating any barriers for ex- 
offenders, I am also studying how we can encourage states to suspend 
criminal prosecution of fathers and other parents who are delinquent in 
child support so long as they are making good faith efforts to find 
jobs in this difficult employment market.
  Madam Speaker, I also propose that we task the Department of Labor to 
expand its definition of the unemployed to cover not only those 
currently receiving unemployment compensation, but also those who have 
run out of unemployment insurance, known as the long term unemployed. I 
suspect that if we had accurate data that captured the entire 
unemployment picture, we would see jobless figures of upwards of 25-30 
percent.
  In addition, Madam Speaker, I also plan to propose we offer 
assistance to the underemployed, including thousands of lawyers and 
other professionals who work as part-timers or temp workers. Many of 
these professionals split their time between working for others and 
operating their own small firms. Furthermore, it has been noted that 
while larger firms are enjoying the benefit of government funded 
bailouts, our African American law firms, accounting firms, investment 
banking firms and media outlets are being left out of the funds 
directed at stimulating Wall Street. As Comcast and NBC Universal and 
other firms seek government permission to merge, I intend to work with 
these companies to ensure that our African American businesses are 
included, not left out of the deal flow.
  Another jobs initiative would focus on creating apprentice and 
internship programs managed by cities and nonprofits like the Urban 
League. This is a take off of a Department of Labor that was very 
successful in the 1970s, which helped our nation rebound from its last 
recession.
  Madam Speaker, during the 1930s-40s, the FDR Administration developed 
the Work Progress Administration (WPA). The WPA created thousands of 
jobs and helped lift our nation from depression. I am drafting 
legislation that would create a WPA for the 21st Century. This concept 
involves providing stimulus dollars to several federal agencies such as 
Interior, Transportation, and HHS to fund large scale projects.
  Under my legislation, the new WPA would include modern day 
infrastructure and other projects including making broadband wireless 
Internet service available for all Americans, not just in wealthier 
suburban and downtown districts. In addition, we should create high 
speed rail and environmentally friendly highways and byways.
  Finally, I plan that we work with HHS and the Energy Department to 
build new Green Hospitals across the country. This project would ensure 
that our nation's healthcare facilities are themselves healthy.
  Madam Speaker, many of our unemployed constituents in Houston and 
around the nation

[[Page 32524]]

are asking us a simple question: how long, how long before I can find a 
job? I say to them, not long . . . help is on the way. With the 
introduction and passage of jobs legislation offered by myself and the 
rest of the Congressional Black Caucus, help for the unemployed and 
underemployed, help for small businesses, is on the way.
  I ask my colleagues to join me in supporting H.R. 2847, the Jobs for 
Main Street Act.
  The SPEAKER pro tempore. All time for debate has expired.

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