HR 1 — American Recovery and Reinvestment Act of 2009

(2) Timing for fiscal year 2009.--Not2009.-- laterNot than<<NOTE: 60 days after the date of enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2009 under paragraph (1).

(3)Deadline.>> Allocationlater ofthan funds.--Except60 asdays providedafter forthe managementdate andof oversight,enactment fundsof describedthis inAct, paragraphthe (1)Secretary shall bemake made available as grants to StateStates agenciesamounts for each fiscal year as2009 follows:under paragraph (1).

(3) Allocation of funds.--Except <<NOTE:

Grants.>> as provided for management and oversight, funds described in paragraph (1) shall [[Page 123 STAT.

121]] be made available as grants to State agencies for each fiscal year as follows:

(e) Treatment<<NOTE: of Jobless Workers.-- (1) Remainder of fiscal year 2009 through fiscal year 2010.-- Beginning with the first month that begins not less than 25 days after the date of enactment of this Act and for each subsequent month through September 30, 2010, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency that meets the standards of subparagraphs (B) or (C) of that paragraph.

Effective dates.>> Treatment of Jobless Workers.-- (1) Remainder of fiscal year 2009 through fiscal year 2010.--Beginning with the first month that begins not less than days after the date of enactment of this Act and for each subsequent month through September 30, 2010, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of unless an individual does not comply with the requirements of a program offered by the State agency that meets the standards of subparagraphs (B) or (C) of that paragraph.

``(7) 2008 transition assistance.-- ``(A) In general.--Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in[[Page accordance123 withSTAT. subparagraph (B) if the eligible producers on the farm-- ``(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph;

122]] in accordance with subparagraph (B) if the eligible producers on the farm-- ``(i) <<NOTE:

Deadline.>> pay the appropriate fee described in paragraph (4)(A) not later than days after the date of enactment of this paragraph;

``(B) Amount of assistance.--Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm-- ``(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage;

and ``(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.

``(D)[[Page Limitation.--For123 amountsSTAT. made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.

123]] ``(D) Limitation.--For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.

``(7) 2008 transition assistance.-- ``(A) In general.--Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm-- ``(i) pay<<NOTE: the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph;

Deadline.>> pay the appropriate fee described in paragraph (4)(A) not later than days after the date of enactment of this paragraph;

1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified[[Page at123 100STAT. percent of the expected market price, or an equivalent coverage;

124]] indemnified at 100 percent of the expected market price, or an equivalent coverage;

``(B) Amount of assistance.--Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm-- ``(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage;

and ``(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.

``(F)[[Page Lack123 ofSTAT. access.--Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that-- ``(i) suffered a production loss due to a natural cause during the 2008 crop year;

125]] ``(F) Lack of access.--Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that-- ``(i) suffered a production loss due to a natural cause during the 2008 crop year;

(B) Notification.--Not later<<NOTE: than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers.

(C)Deadline.>> Provisionlater than 60 days after the date of grants.--enactment (i)of Inthis general.--TheAct, the Secretary shall makenotify grantsthe toState Statesdepartment underof thisagriculture subsection(or onsimilar aentity) proin rataeach basisState basedof on the amountavailability of aquaculturefunds feedto usedassist ineligible eachaquaculture Stateproducers, duringincluding thesuch 2007terms calendar year, as determined by the Secretary.Secretary to be necessary for the equitable treatment of eligible aquaculture producers.

(ii)(C) Timing.--NotProvision later than 120 days after the date of enactmentgrants.-- of[[Page this123 Act,STAT. the Secretary shall make grants to States to provide assistance under this subsection.

(D)126]] Requirements.--The(i) In general.--The Secretary shall make grants to States under this subsection onlyon toa Statespro thatrata demonstratebasis tobased on the satisfactionamount of theaquaculture Secretaryfeed thatused thein each State will--during (i)the use2007 grantcalendar fundsyear, toas assistdetermined eligibleby aquaculturethe producers;Secretary.

(ii) Timing.--Not <<NOTE:

Deadline.>> later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this subsection.

(D) Requirements.-- The <<NOTE:

Deadlines.>> Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State will-- (i) use grant funds to assist eligible aquaculture producers;

and (iii) not<<NOTE: later than 30 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes-- (I) the manner in which the State provided assistance;

Reports.>> not later than 30 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes-- (I) the manner in which the State provided assistance;

(3) Reduction in payments.--An eligible aquaculture producer that receives assistance under this subsection shall not be eligible to receive any other assistance under the supplemental agricultural disaster assistance program established under section 531 of the Federal Crop Insurance Act (7 U.S.C.

1531) and section 901 of the Trade Act of 1974 (19 U.S.C.

2497) for any losses in 2008 relating to the same species of aquaculture.

and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of[[Page applying123 theSTAT. limitation on the total amount of allotments and fund transfers contained in such section.

127]] of applying the limitation on the total amount of allotments and fund transfers contained in such section.

Of the amounts appropriated in this title to the ``Rural Housing Service, Rural Community Facilities Program Account'', the ``Rural Business-Cooperative Service, Rural Business Program Account'', and the "Rural Utilities Service, Rural Water and Waste Disposal Program Account'', at least 10 percent shall be allocated for assistance in persistent poverty counties:<<NOTE:

Definition.>> counties:

National[[Page Telecommunications123 andSTAT. Information Administration broadband technology opportunities program For an amount for ``Broadband Technology Opportunities Program'', $4,700,000,000:

Provided,128]] ThatNational ofTelecommunications theand fundsInformation providedAdministration underbroadband thistechnology heading,opportunities notprogram lessFor thanan $4,350,000,000amount shallfor be``Broadband expendedTechnology pursuantOpportunities toProgram'', division$4,700,000,000: B of this Act, of which:

<<NOTE:

Grants.>> Provided, That of the funds provided under this heading, not less than $4,350,000,000 shall be expended pursuant to division B of this Act, of which:

Provided<<NOTE: further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to division B of this Act, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds:

ProvidedNotification. further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the FCC.

Deadline.>> Provided further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to division B of this Act, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds:

<<NOTE:

Applicability.>> Provided further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the FCC.

Provided, That of the amounts provided under this heading, $90,000,000 may be for education and outreach, including grants to organizations for programs to educate vulnerable populations, including senior citizens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-one-on-one on-one assistance to vulnerable populations, including help with converter box installation:

Provided<<NOTE: further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (FCC) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the FCC, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds.

NationalNotification. Institute of Standards and Technology scientific and technical research and services For an additional amount for ``Scientific and Technical Research and Services'', $220,000,000.

Deadline.>> Provided further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (FCC) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the FCC, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds.

[[Page 123 STAT.

129]] National Institute of Standards and Technology scientific and technical research and services For an additional amount for ``Scientific and Technical Research and Services'', $220,000,000.

State and Local Law Enforcement Activities Office on Violence Against Women violence against women prevention and prosecution<<NOTE: programs For an additional amount for ``Violence Against Women Prevention and Prosecution Programs'', $225,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

Grants.>> prosecution programs For an additional amount for ``Violence Against Women Prevention and Prosecution Programs'', $225,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

Provided, That, $50,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322).

Office[[Page of123 JusticeSTAT. Programs state and local law enforcement assistance For an additional amount for ``State and Local Law Enforcement Assistance'', $2,000,000,000, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act).

130]] Office of Justice Programs state and local law enforcement assistance For an additional amount for ``State and Local Law Enforcement Assistance'', $2,000,000,000, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act).

SCIENCE[[Page National123 AeronauticsSTAT. and Space Administration science For an additional amount for ``Science'', $400,000,000.

131]] SCIENCE National Aeronautics and Space Administration science For an additional amount for ``Science'', $400,000,000.

TITLE[[Page III--DEPARTMENT123 OFSTAT. DEFENSE OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $1,474,525,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.

132]] TITLE III--DEPARTMENT OF DEFENSE OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $1,474,525,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.

Operation[[Page and123 Maintenance,STAT. Marine Corps Reserve For an additional amount for ``Operation and Maintenance, Marine Corps Reserve'', $39,909,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.

133]] Operation and Maintenance, Marine Corps Reserve For an additional amount for ``Operation and Maintenance, Marine Corps Reserve'', $39,909,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.

Research,[[Page Development,123 TestSTAT. and Evaluation, Defense-Wide For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $75,000,000, to remain available for obligation until September 30, 2010.

134]] Research, Development, Test and Evaluation, Defense-Wide For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $75,000,000, to remain available for obligation until September 30, 2010.

Provided<<NOTE: further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Deadlines.

Reports.>> Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Provided, That not less than $200,000,000 of the funds provided shall[[Page be123 forSTAT. water-related environmental infrastructure assistance:

135]] shall be for water-related environmental infrastructure assistance:

Provided further, That funds appropriated under this heading may be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 14 of the Flood Control Act of 1946 (33 U.S.C.

section 206 of the Water Resources Development Act of 1996 (33 U.S.C.

or section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.

Provided<<NOTE: further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Deadlines.

Reports.>> Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

2280), shall not apply during fiscal year 2009 to any project that received funds provided in this title:

Provided further, That for projects that are being completed with funds appropriated in[[Page this123 ActSTAT. that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any:

Provided136]] further,in Thatthis theAct Secretarythat ofwould theotherwise Armybe shallexpired submitfor aobligation, quarterlyexpired reportfunds toappropriated thein Committeesthis onAct Appropriationsmay ofbe theused Houseto ofpay Representativesthe andcost theof Senateassociated detailingsupervision, theinspection, allocation,overhead, obligationengineering and expendituresdesign ofon thesethose funds,projects beginningand noton latersubsequent thanclaims, 45if daysany: after enactment of this Act:

<<NOTE:

Deadlines.

Reports.>> Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Provided<<NOTE: further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Deadlines.

Reports.>> Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any:<<NOTE:

ProvidedDeadlines. further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Reports.>> any:

Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations [[Page 123 STAT.

137]] of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act:

Provided further, That $50,000,000 of the funds provided under this heading may be transferred to the Department of the Interior for programs, projects and activities authorized by the Central Utah Project Completion Act (titles II-V of Public Law 102-102-575): 575):

Provided further, That $50,000,000 of the funds provided under this heading may be used for programs, projects, and activities authorized by the California Bay-Delta Restoration Act (Public Law 108-108-361): 361):

Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any:<<NOTE:

Deadlines.

Reports.>> any:

DEPARTMENT[[Page OF123 ENERGYSTAT. ENERGY PROGRAMS Energy Efficiency and Renewable Energy For an additional amount for ``Energy Efficiency and Renewable Energy'', $16,800,000,000:

138]] DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency and Renewable Energy For an additional amount for ``Energy Efficiency and Renewable Energy'', $16,800,000,000:

Provided<<NOTE: further, That $2,000,000,000 shall be available for grants for the manufacturing of advanced batteries and components and the Secretary shall provide facility funding awards under this section to manufacturers of advanced battery systems and vehicle batteries that are produced in the United States, including advanced lithium ion batteries, hybrid electrical systems, component manufacturers, and software designers:

Grants.>> Provided further, That notwithstanding$2,000,000,000 sectionshall 3304be ofavailable titlefor 5,grants Unitedfor States Code, and without regard to the provisionsmanufacturing of sectionsadvanced 3309batteries throughand ofcomponents suchand title 5, the Secretary ofshall Energy,provide uponfacility afunding determinationawards thatunder therethis issection ato severemanufacturers shortage of candidatesadvanced orbattery asystems criticaland hiringvehicle needbatteries forthat particularare positions,produced mayin fromthe withinUnited theStates, fundsincluding provided,advanced recruitlithium andion directlybatteries, appointhybrid highlyelectrical qualifiedsystems, individualscomponent intomanufacturers, theand competitivesoftware service:designers:

Provided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service:

Provided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of[[Page such123 titleSTAT. 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service:

139]] of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service:

Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5:

Provided further, That the Office of Electricity Delivery and Energy Reliability in coordination with the Federal Energy Regulatory Commission will provide technical assistance to the North American Electric Reliability Corporation, the regional reliability entities, the States, and other transmission owners and operators for the formation of interconnection-interconnection-based based transmission plans for the Eastern and Western Interconnections and ERCOT:

Advanced[[Page Research123 ProjectsSTAT. Agency--Energy For the Advanced Research Projects Agency--Energy, $400,000,000, as authorized under section 5012 of the America COMPETES Act (42 U.S.C.

140]] Advanced Research Projects Agency--Energy For the Advanced Research Projects Agency--Energy, $400,000,000, as authorized under section 5012 of the America COMPETES Act (42 U.S.C.

Sec.[[Page 123 STAT.

141]] Sec.

WESTERN<<NOTE: AREA POWER ADMINISTRATION BORROWING AUTHORITY.

42 USC 16421a.>> WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY.

``(5) Congressional review of disbursement.--Effective<<NOTE: upon the date of enactment of this section, the Administrator shall have the authority to have utilized $1,750,000,000 at any one time.

IfEffective thedate.>> Administratordisbursement.--Effective seeksupon to borrow funds above $1,750,000,000, the fundsdate willof beenactment disbursedof unlessthis theresection, is enacted, within 90 calendar days of the firstAdministrator suchshall request,have a joint resolution that rescinds the remainderauthority ofto thehave balanceutilized of$1,750,000,000 theat borrowingany authorityone providedtime. in this section.

``(c)<<NOTE: Transmission Line and Related Facility Projects.-- ``(1) In general.--For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from-- ``(A) each other such project;

Deadline.>> If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section.

``(c) Transmission Line and Related Facility Projects.-- [[Page 123 STAT.

142]] ``(1) In general.--For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from-- ``(A) each other such project;

``(e) Public Processes.-- ``(1) Policies and practices.--Prior to requesting any loans under this section, the Administrator shall use a public process[[Page to123 developSTAT. practices and policies that implement the authority granted by this section.

``(2)143]] Requestsprocess forto interest.--Indevelop thepractices courseand ofpolicies selectingthat potentialimplement projectsthe toauthority begranted fundedby under this section,section. the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.'' Sec.

``(2) Requests for interest.--In <<NOTE:

Notice.

Federal Register, publication.>> the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.'' Sec.

Provided,<<NOTE: That the Secretary will provide a report to the Committees on Appropriations of the House of Representatives and the Senate 30 days prior to the transfer:

Reports.

Deadline.>> Provided, That the Secretary will provide a report to the Committees on Appropriations of the House of Representatives and the Senate 30 days prior to the transfer:

(c) Section 548(a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C.

(1) By amending subparagraph (A) of section<<NOTE: 1304(b)(3) to read as follows:

``(A)42 InUSC general.--In17384.>> carryingsection out1304(b)(3) the initiative, the Secretary shall provide financial support to smartread gridas demonstrationfollows: projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities and areas where electric system assets are controlled by investor-owned utilities.''.

``(A) In general.--In carrying out the initiative, the Secretary shall provide financial support to smart grid demonstration projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities and areas where electric system assets are controlled by investor- owned utilities.''.

(3)[[Page By123 insertingSTAT. after section 1304(b)(3)(D) the following new subparagraphs:

``(E)144]] Availability(3) ofBy data.--Theinserting Secretaryafter shallsection establish1304(b)(3)(D) andthe maintainfollowing anew smartsubparagraphs: grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public.

``(E) Availability of data.-- The <<NOTE:

Clearinghouse.>> Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public.

(4) By amending paragraph (2) of section<<NOTE: 1304(c) to read as follows:

42 USC 17384.>> section 1304(c) to read as follows:

(5) By amending subsection (a) of section<<NOTE: 1306 by striking ``reimbursement of one-fifth (20 percent)'' and inserting ``grants of up to one-half (50 percent)''.

42 USC 17386.>> section 1306 by striking ``reimbursement of one-fifth (20 percent)'' and inserting ``grants of up to one-half (50 percent)''.

``(e) Procedures and Rules.--(1)<<NOTE: The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals-- ``(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs;

Deadline.

Notice.>> Rules.--(1) The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals-- ``(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs;

Sec.[[Page 123 STAT.

145]] Sec.

TEMPORARY<<NOTE: PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION PROJECTS.

42 USC 16516.>> TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION PROJECTS.

(b)[[Page Assistance123 LevelSTAT. Per Dwelling Unit.--Section 415(c)(1) of the Energy Conservation and Production Act (42 U.S.C.

146]] (b) Assistance Level Per Dwelling Unit.--Section 415(c)(1) of the Energy Conservation and Production Act (42 U.S.C.

(c) Effective Use of Funds.--In providing funds made available by this Act for the Weatherization Assistance Program, the Secretary may encourage States to give priority to using such funds for the most cost-effectivecost- effective efficiency activities, which may include insulation of attics, if, in the Secretary's view, such use of funds would increase the effectiveness of the program.

(a) In General.--Amounts appropriated under the heading ``Department of Energy--Energy Programs--EnergyPrograms-- Energy Efficiency and Renewable Energy'' in this title shall be available to the Secretary of Energy for making additional grants under part D of title III of the Energy Policy and Conservation Act (42 U.S.C.

6321 et seq.).

The<<NOTE: Secretary shall make grants under this section in excess of the base allocation established for a State under regulations issued pursuant to the authorization provided in section 365(f) of such Act only if the governor of the recipient State notifies the Secretary of Energy in writing that the governor has obtained necessary assurances that each of the following will occur:

(1)Notification.>> The applicableSecretary Stateshall regulatorymake authoritygrants willunder seekthis tosection implement, in appropriateexcess proceedingsof for each electric and gas utility, with respect to which the Statebase regulatoryallocation authorityestablished has ratemaking authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provide timely cost recovery and a timely earnings opportunity for utilities associated with cost- effective measurable and verifiable efficiency savings, in a wayState thatunder sustainsregulations orissued enhancespursuant utility customers' incentives to usethe energy[[Page more123 efficiently.STAT.

147]] authorization provided in section 365(f) of such Act only if the governor of the recipient State notifies the Secretary of Energy in writing that the governor has obtained necessary assurances that each of the following will occur:

(1) The applicable State regulatory authority will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the State regulatory authority has ratemaking authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provide timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable efficiency savings, in a way that sustains or enhances utility customers' incentives to use energy more efficiently.

(B) A building energy code (or codes) for commercial buildings throughout the State that meets or exceeds the ANSI/ANSI/ASHRAE/IESNA ASHRAE/IESNA Standard 90.1-2007, or achieves equivalent or greater energy savings.

(C) A<<NOTE: plan for the jurisdiction achieving compliance with the building energy code or codes described in subparagraphs (A) and (B) within 8 years of the date of enactment of this Act in at least 90 percent of new and renovated residential and commercial building space.

Deadline.>> A plan for the jurisdiction achieving compliance with the building energy code or codes described in subparagraphs (A) and (B) within 8 years of the date of enactment of this Act in at least percent of new and renovated residential and commercial building space.

Energy Conservation'' in title II of the Department of the Interior and Related Agencies Appropriations[[Page Act,123 1985STAT. (42 U.S.C.

148]] Appropriations Act, 1985 (42 U.S.C.

Community Development Financial Institutions Fund Program Account For an additional amount for ``Community Development Financial Institutions Fund Program Account'', $100,000,000, to remain available until September 30, 2010, for qualified applicants under the fiscal year 2009 funding round of the Community Development Financial Institutions Program, of which up to $8,000,000 may be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers and up to $2,000,000 may be used for administrative expenses:<<NOTE:

Waiver.>> expenses:

Provided further, That no awardee, together with its subsidiaries and affiliates, may be awarded more than 5 percent of the aggregate funds available during fiscal year 2009 from the Community Development Financial Institutions Program:

Provided further,<<NOTE: That no later than 60 days after the date of enactment of this Act, the Department of the Treasury shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading.

InternalDeadline. Revenue Service HEALTH INSURANCE TAX CREDIT ADMINISTRATION For an additional amount to implement the health insurance tax credit under the TAA Health Coverage Improvement Act of 2009, $80,000,000, to remain available until September 30, 2010.

GENERALExpenditure SERVICESplan.>> ADMINISTRATIONfurther, RealThat Propertyno Activitieslater federalthan buildings60 funddays limitationsafter onthe availabilitydate of revenueenactment (including transfer of funds)this ForAct, anthe additionalDepartment amountof to be deposited in the FederalTreasury Buildingsshall Fund,submit $5,550,000,000, to carrythe outCommittees theon purposesAppropriations of the Fund,House of whichRepresentatives not less than $750,000,000 shall be available for Federal buildings and Unitedthe StatesSenate courthouses,a notdetailed lessexpenditure thanplan $300,000,000 shall be available for borderfunds stationsprovided andunder landthis portsheading. of entry, and not less than $4,500,000,000 shall be available for measures necessary to convert GSA facilities to High-Performance Green Buildings, as defined in section 401 of Public Law 110-140:

[[Page 123 STAT.

149]] Internal Revenue Service HEALTH INSURANCE TAX CREDIT ADMINISTRATION For an additional amount to implement the health insurance tax credit under the TAA Health Coverage Improvement Act of 2009, $80,000,000, to remain available until September 30, 2010.

GENERAL SERVICES ADMINISTRATION Real Property Activities federal buildings fund limitations on availability of revenue (including transfer of funds) For an additional amount to be deposited in the Federal Buildings Fund, $5,550,000,000, to carry out the purposes of the Fund, of which not less than $750,000,000 shall be available for Federal buildings and United States courthouses, not less than $300,000,000 shall be available for border stations and land ports of entry, and not less than $4,500,000,000 shall be available for measures necessary to convert GSA facilities to High-Performance Green Buildings, as defined in section of Public Law 110-140:

Provided further, That not to exceed $3,000,000 of the funds provided shall be for on-the-job pre-apprenticeshippre- apprenticeship and apprenticeship training programs registered with the Department of Labor, for the construction, repair, and alteration of Federal buildings:

Provided<<NOTE: further, That not less than $5,000,000,000 of the funds provided under this heading shall be obligated by September 30, 2010, and the remainder of the funds provided under this heading shall be obligated not later than September 30, 2011:

Deadlines.>> Provided further, That not less than $5,000,000,000 of the funds provided under this heading shall be obligated by September 30, 2010, and the remainder of the funds provided under this heading shall be obligated not later than September 30, 2011:

Provided<<NOTE: further, That the General Services Administration shall submit a detailed plan, by project, regarding the use of funds made available in this Act to the Committees on Appropriations of the House of Representatives and the Senate within 45 days of enactment of this Act, and shall provide notification to the Committees within 15 days prior to any changes regarding the use of these funds:

ProvidedPlans. further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on June 30, 2009:

ProvidedDeadlines. further, That of the amounts provided, $4,000,000 shall be transferred to and merged with ``Government-Wide Policy'', for the Office of Federal High-Performance Green Buildings as authorized in the Energy Independence and Security Act of 2007 (Public Law 110-140):

Notification.>> Provided further, That amountsthe providedGeneral underServices thisAdministration headingshall thatsubmit area savingsdetailed orplan, cannotby beproject, usedregarding for the activityuse forof whichfunds originallymade obligatedavailable mayin bethis deobligatedAct and,to notwithstandingthe anyCommittees otheron provisionAppropriations of law, reobligated for the purposesHouse identifiedof inRepresentatives and the planSenate requiredwithin under45 thisdays headingof notenactment lessof thanthis 15Act, daysand aftershall provide notification has been provided to the Committees onwithin Appropriations15 ofdays theprior Houseto ofany Representativeschanges andregarding the Senate.use of these funds:

<<NOTE:

Reports.

Deadlines.>> Provided further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on June 30, 2009:

Provided further, That of the amounts provided, $4,000,000 shall be transferred to and merged with ``Government-Wide Policy'', for the Office of Federal High-Performance Green Buildings as authorized in the Energy Independence and Security Act of 2007 (Public Law 110- 140):

<<NOTE:

Deadline.

Notification.>> Provided further, That amounts provided under this heading that are savings or cannot be used for the activity for which originally obligated may [[Page 123 STAT.

150]] be deobligated and, notwithstanding any other provision of law, reobligated for the purposes identified in the plan required under this heading not less than 15 days after notification has been provided to the Committees on Appropriations of the House of Representatives and the Senate.

Provided,<<NOTE: That none of these funds may be obligated until the Administrator of General Services submits to the Committees on Appropriations of the House of Representatives and the Senate, within 90 days after enactment of this Act, a plan for expenditure of the funds that details the current inventory of the Federal fleet owned by the General Services Administration, as well as other Federal agencies, and the strategy to expend these funds to replace a portion of the Federal fleet with the goal of substantially increasing energy efficiency over the current status, including increasing fuel efficiency and reducing emissions:

ProvidedDeadline. further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on September 30, 2009.

Expenditure plan.>> Provided, That none of these funds may be obligated until the Administrator of General Services submits to the Committees on Appropriations of the House of Representatives and the Senate, within 90 days after enactment of this Act, a plan for expenditure of the funds that details the current inventory of the Federal fleet owned by the General Services Administration, as well as other Federal agencies, and the strategy to expend these funds to replace a portion of the Federal fleet with the goal of substantially increasing energy efficiency over the current status, including increasing fuel efficiency and reducing emissions:

<<NOTE:

Reports.

Deadlines.>> Provided further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on September 30, 2009.

Provided,<<NOTE: That no later than 60 days after the date of enactment of this Act, the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under the heading ``Small Business Administration'' in this Act.

OfficeDeadline. of Inspector General For an additional amount for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $10,000,000, to remain available until September 30, 2013, for oversight and audit of programs, grants, and projects funded under this title.

Expenditure plan.>> Provided, That no later than 60 days after the date of enactment of this Act, the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under the heading ``Small Business Administration'' in this Act.

[[Page 123 STAT.

151]] Office of Inspector General For an additional amount for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $10,000,000, to remain available until September 30, 2013, for oversight and audit of programs, grants, and projects funded under this title.

695 et seq.) for which an application is approved or pending approval on or after the date of enactment of this Act-- (A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment[[Page Act123 ofSTAT. 1958 (15 U.S.C.

152]] Investment Act of 1958 (15 U.S.C.

(c) Qualified Borrowers.-- (1) Aliens unlawfully present in the united states.--A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States-- (A)[[Page has123 anSTAT. ownership interest in that concern;

153]] (A) has an ownership interest in that concern;

(g) Small Business Act Provisions.--TheProvisions.-- provisionsThe of<<NOTE: the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section.

Applicability.>> provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section.

(D)[[Page The123 AdministratorSTAT. is authorized to contract with private sector fiduciary and custom dial agents as necessary to operate the Authority.

(2)154]] Guarantee(D) process.-- (A) The Administrator shallis establish,authorized byto rule,contract awith process in which private sector entitiesfiduciary mayand applycustom todial theagents Administrationas fornecessary a Federal guarantee on pools of first lien position 504 loans that are to beoperate soldthe toAuthority. third-party investors.

(2) Guarantee process.-- (A) <<NOTE:

Regulations.>> The Administrator shall establish, by rule, a process in which private sector entities may apply to the Administration for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors.

(3) Responsibilities.-- (A) The<<NOTE: Administrator shall establish, by rule, a process in which private sector entities may apply to the SBA for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors.

Regulations.>> The Administrator shall establish, by rule, a process in which private sector entities may apply to the SBA for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors.

(i) The seller of the pools purchasing a guarantee under this section retains not less than 5 percent of the dollar amount of the pools to be sold to third-party investors.

(2) If the Administrator finds that any such guarantee was used for a purpose other than that specified in paragraph (1), the Administrator shall-- (A) prohibit the purchaser of the guarantee or its affiliates (within the meaning of the regulations under 13 CFR 121.103) from using the authority of this section in the future;

(e) Oversight.--The Administrator<<NOTE: shall submit a report to Congress not later than the third business day of each month setting forth each of the following:

(1)Reports. The aggregate amount of guarantees extended under this section during the preceding month.

Deadlines.>> Administrator shall submit a report to Congress not later than the third business day of each month setting forth each of the following:

[[Page 123 STAT.

155]] (1) The aggregate amount of guarantees extended under this section during the preceding month.

(i) Emergency Rulemaking Authority.--TheAuthority.-- AdministratorThe shall<<NOTE: issue regulations under this section within 15 days after the date of enactment of this section.

Deadlines.>> Administrator shall issue regulations under this section within 15 days after the date of enactment of this section.

``(vi)[[Page the123 borrowerSTAT. has been current on all payments due on the existing debt for not less than 1 year preceding the date of refinancing;

156]] ``(vi) the borrower has been current on all payments due on the existing debt for not less than 1 year preceding the date of refinancing;

``(a) Percentage Limitation on Private Capital.--If any small business investment company has obtained financing from the Administrator and such financing remains outstanding, the aggregate amount of securities acquired and for which commitments may be issued by such company under the provisions of this title for[[Page any123 singleSTAT. enterprise shall not, without the approval of the Administrator, exceed percent of the sum of-- ``(1) the private capital of such company;

157]] for any single enterprise shall not, without the approval of the Administrator, exceed 10 percent of the sum of-- ``(1) the private capital of such company;

``(d) Investments<<NOTE: in Smaller Enterprises.--The Administrator shall require each licensee, as a condition of approval of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.''.

Certification.>> Investments in Smaller Enterprises.-- The Administrator shall require each licensee, as a condition of approval of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.''.

and (2) not<<NOTE: begin until 12 months after the final disbursement of funds is made.

Effective date.>> not begin until 12 months after the final disbursement of funds is made.

(k)[[Page Emergency123 RulemakingSTAT. Authority.--The Administrator of the Small Business Administration shall issue regulations under this section within 15 days after the date of enactment of this section.

158]] (k) Emergency Rulemaking Authority.-- The <<NOTE:

Deadline.>> Administrator of the Small Business Administration shall issue regulations under this section within 15 days after the date of enactment of this section.

``(9) Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes of[[Page sections123 410,STAT. 411, and 412 the term `small business concern' means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.''.

159]] of sections 410, 411, and 412 the term `small business concern' means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.''.

(f) Sunset.--The<<NOTE: amendments made by this section shall remain in effect until September 30, 2010.

15 USC 694a note.>> Sunset.--The amendments made by this section shall remain in effect until September 30, 2010.

(5) The term ``Systemically Important Secondary Market Broker-Broker-Dealers'' Dealers'' mean those entities designated under subsection (c)(1) as vital to the continued operation of the SBA secondary market by reason of their purchase and sale of the government guaranteed portion of loans, or pools of loans,originated, underwritten, and closed under the Small Business Act.

(c) Responsibilities, Authorities, Organization, and Limitations.-- (1) Designation of systemically important SBA secondary market broker-dealers.--The Administrator shall establish a process to designate, in consultation with the Board of Governors of the Federal Reserve and the Secretary of the Treasury, Systemically Important Secondary Market Broker-Dealers.Broker- Dealers.

(2) Establishment of SBA secondary market lending authority.-- (A)[[Page Organization.--123 (i)STAT. The Administrator shall establish within the SBA an office to provide loans to Systemically Important Secondary Market Broker-dealers to be used for the purpose of financing the inventory of the government guaranteed portion of loans, originated, underwritten, and closed under the Small Business Act or pools of such loans.

160]] (A) Organization.-- (i) The Administrator shall establish within the SBA an office to provide loans to Systemically Important Secondary Market Broker-dealers to be used for the purpose of financing the inventory of the government guaranteed portion of loans, originated, underwritten, and closed under the Small Business Act or pools of such loans.

(iv) The Administrator may contract such Authority operations as he determines necessary to qualified third-third-party party companies or individuals.

(B) Loans.-- (i) The<<NOTE: Administrator shall establish by rule a process under which Systemically Important SBA Secondary Market Broker-Dealers designated under paragraph (1) may apply to the Administrator for loans under this section.

Regulations.>> The Administrator shall establish by rule a process under which Systemically Important SBA Secondary Market Broker-Dealers designated under paragraph (1) may apply to the Administrator for loans under this section.

(vi)[[Page The123 AdministratorSTAT. shall establish a process to disburse and receive funds to and from borrowers under this section.

161]] (vi) The Administrator shall establish a process to disburse and receive funds to and from borrowers under this section.

(i) Emergency Rulemaking Authority.--TheAuthority.-- AdministratorThe shall<<NOTE: promulgate regulations under this section within 30 days after the date of enactment of enactment of this section.

Deadline.>> Administrator shall promulgate regulations under this section within 30 days after the date of enactment of enactment of this section.

TITLE[[Page VI--DEPARTMENT123 OFSTAT. HOMELAND SECURITY Office of the Under Secretary for Management For an additional amount for the ``Office of the Under Secretary for Management'', $200,000,000 for planning, design, construction costs, site security, information technology infrastructure, fixtures, and related costs to consolidate the Department of Homeland Security headquarters:

Provided,162]] ThatTITLE noVI--DEPARTMENT laterOF thanHOMELAND 60SECURITY daysOffice afterof the dateUnder ofSecretary enactmentfor ofManagement thisFor Act,an theadditional Secretaryamount offor Homelandthe Security,``Office inof consultationthe withUnder theSecretary Administratorfor ofManagement'', General$200,000,000 Services,for shallplanning, submitdesign, toconstruction thecosts, Committeessite onsecurity, Appropriationsinformation oftechnology theinfrastructure, Senatefixtures, and therelated Housecosts ofto Representativesconsolidate a plan for the expenditureDepartment of theseHomeland funds.Security headquarters:

<<NOTE:

Deadline.

Expenditure plan.>> Provided, That no later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Administrator of General Services, shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

Provided,<<NOTE: That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Deadline.

Expenditure plan.>> Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Provided,<<NOTE: That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Deadline.

Expenditure plan.>> Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Provided,<<NOTE: That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

U.S.Deadline.

Expenditure plan.>> Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

[[Page 123 STAT.

163]] U.S.

Provided,<<NOTE: That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Deadline.

Expenditure plan.>> Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.

Provided<<NOTE: further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

Deadline.

Expenditure plan.>> Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

Provided,<<NOTE: That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

Deadline.

Expenditure plan.>> Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

Provided<<NOTE: further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

FederalDeadline. Emergency Management Agency state and local programs For an additional amount for grants, $300,000,000, to be allocated as follows:

Expenditure plan.>> Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.

[[Page 123 STAT.

164]] Federal Emergency Management Agency state and local programs For an additional amount for grants, $300,000,000, to be allocated as follows:

(2) $150,000,000 for Port Security Grants in accordance with 46 U.S.C.

Notwithstanding<<NOTE: any other provision of law, the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.

President.

Panel.>> Notwithstanding any other provision of law, the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.

The Administrator of the Federal Emergency Management Agency may not prohibit or restrict the use of funds designated under the hazard mitigation grant program for damage caused by Hurricanes Katrina and Rita if the homeowner who is an applicant for assistance under such program commenced work otherwise[[Page eligible123 forSTAT. hazard mitigation grant program assistance under section 404 of the Robert T.

165]] otherwise eligible for hazard mitigation grant program assistance under section 404 of the Robert T.

(a)<<NOTE: Requirement.--Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.

6 USC 453b.>> (a) Requirement.--Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.

(f) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition[[Page threshold123 referredSTAT. to in section 2304(g) of title 10, United States Code.

166]] acquisition threshold referred to in section 2304(g) of title 10, United States Code.

(i) Notification<<NOTE: Required Within 7 Days After Contract Award if Certain Exceptions Applied.--In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).

Internet posting.>> Notification Required Within 7 Days After Contract Award if Certain Exceptions Applied.--In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).

(k) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.-- This<<NOTE: section shall be applied in a manner consistent with United States obligations under international agreements.

Applicability.>> This section shall be applied in a manner consistent with United States obligations under international agreements.

construction[[Page For123 anSTAT. additional amount for ``Construction'', for activities on all Bureau of Land Management lands including construction, reconstruction, decommissioning and repair of roads, bridges, trails, property, and facilities and for energy efficient retrofits of existing facilities, $180,000,000.

167]] construction For an additional amount for ``Construction'', for activities on all Bureau of Land Management lands including construction, reconstruction, decommissioning and repair of roads, bridges, trails, property, and facilities and for energy efficient retrofits of existing facilities, $180,000,000.

Historic Preservation Fund For an additional amount for ``Historic Preservation Fund'', for historic preservation projects at historically black colleges and universities as authorized by the Historic Preservation Fund Act of 1996 and the Omnibus Parks and Public Lands Act of 1996, $15,000,000:

United[[Page States123 GeologicalSTAT. Survey surveys, investigations, and research For an additional amount for ``Surveys, Investigations, and Research'', $140,000,000, for repair, construction and restoration of facilities;

168]] United States Geological Survey surveys, investigations, and research For an additional amount for ``Surveys, Investigations, and Research'', $140,000,000, for repair, construction and restoration of facilities;

Leaking[[Page Underground123 StorageSTAT. Tank Trust Fund Program For an additional amount for ``Leaking Underground Storage Tank Trust Fund Program'', $200,000,000, which shall be for cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act:

169]] Leaking Underground Storage Tank Trust Fund Program For an additional amount for ``Leaking Underground Storage Tank Trust Fund Program'', $200,000,000, which shall be for cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act:

Provided further, That<<NOTE: the Administrator shall reallocate funds appropriated herein for the Clean and Drinking Water State Revolving Funds (Revolving Funds) where projects are not under contract or construction within 12 months of the date of enactment of this Act:

Deadline.>> That the Administrator shall reallocate funds appropriated herein for the Clean and Drinking Water State Revolving Funds (Revolving Funds) where projects are not under contract or construction within 12 months of the date of enactment of this Act:

Provided further, That notwithstanding the 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 up to 4 percent of the funds appropriated herein for tribal set-asides under the Revolving Funds may be transferred to the Indian Health[[Page Service123 toSTAT. support management and oversight of tribal projects:

170]] Health Service to support management and oversight of tribal projects:

Provided, That the Administrator may reserve up to 2 percent of the funds appropriated herein for management and oversight purposes:

wildland fire management For an additional amount for ``Wildland Fire Management'', $500,000,000, of which $250,000,000 is for hazardous fuels reduction, forest health protection, rehabilitation and hazard mitigation activities on Federal lands and of which $250,000,000 is for State and private forestry activities including hazardous fuels reduction, forest[[Page health123 andSTAT. ecosystem improvement activities on State and private lands using all authorities available to the Forest Service:

171]] forest health and ecosystem improvement activities on State and private lands using all authorities available to the Forest Service:

National Foundation on the Arts and the Humanities National Endowment for the Arts grants and administration For an additional amount for ``Grants and Administration'', $50,000,000, to be distributed in direct grants to fund arts projects and activities which preserve jobs in the non-profit arts sector threatened by declines in philanthropic and other support during the[[Page current123 economicSTAT. downturn:

172]] the current economic downturn:

Provided further, That<<NOTE: matching requirements under section 5(e) of such Act shall be waived.

Waiver authority.>> That matching requirements under section 5(e) of such Act shall be waived.

(a)<<NOTE: Within 30 days of enactment of this Act, each agency receiving funds under this title shall submit a general plan for the expenditure of such funds to the House and Senate Committees on Appropriations.

(b)Deadlines. Within 90 days of enactment of this Act, each agency receiving funds under this title shall submit to the Committees a report containing detailed project level information associated with the general plan submitted pursuant to subsection (a).

Expenditure plan.>> (a) Within 30 days of enactment of this Act, each agency receiving funds under this title shall submit a general plan for the expenditure of such funds to the House and Senate Committees on Appropriations.

(b) <<NOTE:

Reports.>> Within 90 days of enactment of this Act, each agency receiving funds under this title shall submit to the Committees a report containing detailed project level information associated with the general plan submitted pursuant to subsection (a).

Each<<NOTE: agency receiving funds under this title may transfer up to 10 percent of the funds in any account to other appropriation accounts within the agency, if the head of the agency (1) determines that the transfer will enhance the efficiency or effectiveness of the use of the funds without changing the intended purpose;

Notification.

Deadline.>> Each agency receiving funds under this title may transfer up to 10 percent of the funds in any account to other appropriation accounts within the agency, if the head of the agency (1) determines that the transfer will enhance the efficiency or effectiveness of the use of the funds without changing the intended purpose;

TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES DEPARTMENT OF LABOR Employment and Training Administration training and employment services<<NOTE: For an additional amount for ``Training and Employment Services'' for activities under the Workforce Investment Act of 1998 (``WIA''), $3,950,000,000, which shall be available for obligation on the date of enactment of this Act, as follows:

(1)Grants.>> $500,000,000services For an additional amount for grants``Training toand theEmployment StatesServices'' for adultactivities employmentunder andthe trainingWorkforce activities,Investment includingAct supportiveof services1998 and(``WIA''), needs-$3,950,000,000, relatedwhich paymentsshall describedbe inavailable sectionfor 134(e)(2)obligation andon (3)the date of theenactment WIA:of this Act, as follows:

(1) $500,000,000 for grants to the States for adult employment and training activities, including supportive services and needs-related payments described in section 134(e)(2) and (3) of the WIA:

Provided further, That for purposes of[[Page section123 127(b)(1)(C)(iv)STAT. 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:

Provided173]] further,of Thatsection with127(b)(1)(C)(iv) respectof to the WIA, funds available for youth activities providedshall withbe suchallotted funds,as sectionif 101(13)(A)the oftotal theamount WIAavailable shallfor beyouth appliedactivities byin substitutingthe ``agefiscal 24''year fordoes ``agenot 21'':exceed $1,000,000,000:

<<NOTE:

Applicability.>> Provided further, That with respect to the youth activities provided with such funds, section 101(13)(A) of the WIA shall be applied by substituting ``age 24'' for ``age 21'':

Provided, That for program years 2008 and 2009, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolledre- enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy;

Provided, That<<NOTE: funds shall be allotted within 30 days of such enactment to current grantees in proportion to their allotment in program year 2008:

Deadline.>> That funds shall be allotted within days of such enactment to current grantees in proportion to their allotment in program year 2008:

state unemployment insurance and employment service operations For an additional amount for ``State Unemployment Insurance and Employment Service Operations'' for grants to States in accordance with section 6 of the Wagner-Peyser Act, $400,000,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, and which shall be available[[Page for123 obligationSTAT. on the date of enactment of this Act:

174]] available for obligation on the date of enactment of this Act:

Provided further, That<<NOTE: the Secretary of Labor shall establish planning and reporting procedures necessary to provide oversight of funds used for reemployment services.

Procedures.>> That the Secretary of Labor shall establish planning and reporting procedures necessary to provide oversight of funds used for reemployment services.

Provided further, That<<NOTE: prior to obligating any funds proposed to be transferred from this account, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of each amount proposed to be transferred.

Operating plan.>> That prior to obligating any funds proposed to be transferred from this account, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of each amount proposed to be transferred.

Provided<<NOTE: further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the allocation of funds, and a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than September 30, 2009 and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure.

officeOperating ofplan. inspector general For an additional amount for the ``Office of Inspector General'', $6,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act.

Reports.

Deadlines.>> Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the allocation of funds, and a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than September 30, 2009 and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure.

[[Page 123 STAT.

175]] office of inspector general For an additional amount for the ``Office of Inspector General'', $6,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act.

Provided<<NOTE: further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan detailing activities to be supported and timelines for expenditure prior to making any Federal obligations of funds provided in this paragraph but not later than 90 days after the date of enactment of this Act:

ProvidedOperating further,plan. That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded in this paragraph not later than November 1, 2009 and every 6 months thereafter as long as funding provided in this paragraph is available for obligation or expenditure.

NationalDeadline.>> InstitutesProvided offurther, HealthThat nationalthe centerSecretary forshall researchprovide resourcesto Forthe anCommittees additionalon amountAppropriations forof ``Nationalthe CenterHouse forof ResearchRepresentatives Resources'',and $1,300,000,000,the ofSenate whichan $1,000,000,000operating shallplan detailing activities to be supported and timelines for grantsexpenditure orprior contractsto undermaking sectionany 481AFederal obligations of thefunds Publicprovided Healthin Servicethis Actparagraph tobut construct,not renovatelater orthan repair90 existingdays non-Federalafter researchthe facilities:date of enactment of this Act:

Provided,<<NOTE: That sections 481A(c)(1)(B)(ii), paragraphs (1), (3), and (4) of section 481A(e), and section 481B of such Act shall not apply to the use of such funds:

Reports.

Deadlines.>> Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded in this paragraph not later than November 1, 2009 and every 6 months thereafter as long as funding provided in this paragraph is available for obligation or expenditure.

National Institutes of Health national center for research resources For <<NOTE:

Grants.

Contracts.>> an additional amount for ``National Center for Research Resources'', $1,300,000,000, of which $1,000,000,000 shall be for grants or contracts under section 481A of the Public Health Service Act to construct, renovate or repair existing non-Federal research facilities:

Provided, That sections 481A(c)(1)(B)(ii), paragraphs (1), (3), and (4) of section 481A(e), and section 481B of such Act shall [[Page 123 STAT.

176]] not apply to the use of such funds:

Provided further, That<<NOTE: the Director of the Center shall provide to the Committees on Appropriations of the House of Representatives and the Senate an annual report indicating the number of institutions receiving awards of a grant or contract under section 481A of such Act, the proposed use of the funding, the average award size, a list of grant or contract recipients, and the amount of each award.

Reports.

Deadline.>> That the Director of the Center shall provide to the Committees on Appropriations of the House of Representatives and the Senate an annual report indicating the number of institutions receiving awards of a grant or contract under section 481A of such Act, the proposed use of the funding, the average award size, a list of grant or contract recipients, and the amount of each award.

Agency for Healthcare Research and Quality healthcare research and quality (including transfer of funds) For an additional amount for ``Healthcare Research and Quality'' to carry out titles III and IX of the Public Health Service Act, part A of title XI of the Social Security Act, and section 1013[[Page of123 theSTAT. Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $700,000,000 for comparative effectiveness research:

177]] of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $700,000,000 for comparative effectiveness research:

Provided further, That<<NOTE: the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1,500,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than June 30, 2009, that includes recommendations on the national priorities for comparative effectiveness research to be conducted or supported with the funds provided in this paragraph and that considers input from stakeholders:

ProvidedContracts. further, That the Secretary shall consider any recommendations of the Federal Coordinating Council for Comparative Effectiveness Research established by section 804 of this Act and any recommendations included in the Institute of Medicine report pursuant to the preceding proviso in designating activities to receive funds provided in this paragraph and may make grants and contracts with appropriate entities, which may include agencies within the Department of Health and Human Services and other governmental agencies, as well as private sector entities, that have demonstrated experience and capacity to achieve the goals of comparative effectiveness research:

ProvidedReports. further, That the Secretary shall publish information on grants and contracts awarded with the funds provided under this heading within a reasonable time of the obligation of funds for such grants and contracts and shall disseminate research findings from such grants and contracts to clinicians, patients, and the general public, as appropriate:

ProvidedDeadline.>> further,That That,the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1,500,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the extentCongress feasible,and the Secretary shallby ensurenot later than June 30, 2009, that includes recommendations on the recipientsnational ofpriorities for comparative effectiveness research to be conducted or supported with the funds provided byin this paragraph offerand anthat opportunityconsiders forinput publicfrom commentstakeholders: on the research:

Provided further, That researchthe conductedSecretary withshall consider any recommendations of the Federal Coordinating Council for Comparative Effectiveness Research established by section of this Act and any recommendations included in the Institute of Medicine report pursuant to the preceding proviso in designating activities to receive funds appropriatedprovided underin this paragraph shalland bemay consistentmake grants and contracts with Departmentalappropriate policiesentities, relatingwhich tomay include agencies within the inclusionDepartment of womenHealth and minoritiesHuman inServices and other governmental agencies, as well as private sector entities, that have demonstrated experience and capacity to achieve the goals of comparative effectiveness research:

Provided<<NOTE: further, That the Secretary shall provide the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate with an annual report on the research conducted or supported through the funds provided under this heading:

Publication.>> Provided further, That the Secretary,Secretary jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall providepublish theinformation Committees on Appropriationsgrants of the House of Representatives and thecontracts Senateawarded awith fiscal year 2009 operating plan for the funds appropriatedprovided under this heading priorwithin toa makingreasonable anytime Federalof obligationsthe obligation of such funds infor fiscalsuch yeargrants 2009,and butcontracts not later than July 30, 2009, and ashall fiscaldisseminate yearresearch 2010findings operatingfrom plan for such fundsgrants priorand contracts to makingclinicians, anypatients, Federaland obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the typegeneral ofpublic, researchas beingappropriate: conducted or supported, including the priority conditions addressed;

<<NOTE:

Public comment.>> Provided further, That, to the extent feasible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an opportunity for public comment on the research:

Provided further, <<NOTE:

Research and development.>> That research conducted with funds appropriated under this paragraph [[Page 123 STAT.

178]] shall be consistent with Departmental policies relating to the inclusion of women and minorities in research:

Provided further, <<NOTE:

Reports.

Deadline.>> That the Secretary shall provide the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate with an annual report on the research conducted or supported through the funds provided under this <<NOTE:

Operating plans.

Deadlines.>> heading:

Provided further, That the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated under this heading prior to making any Federal obligations of such funds in fiscal year 2009, but not later than July 30, 2009, and a fiscal year operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the type of research being conducted or supported, including the priority conditions addressed;

Provided further, That<<NOTE: the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

Reports.

Deadlines.>> That the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

Provided, That of the funds provided in this paragraph, up to 10 percent shall be available for the provision of training and[[Page technical123 assistanceSTAT. to such programs consistent with section 645A(g)(2) of such Act, and up to 3 percent shall be available for monitoring the operation of such programs consistent with section 641A of such Act.

(3)179]] $1,000,000,000and fortechnical carryingassistance outto activitiessuch underprograms sectionsconsistent throughwith 679section 645A(g)(2) of thesuch CommunityAct, Servicesand Blockup Grantto Act,3 ofpercent whichshall nobe partavailable shallfor bemonitoring subjectthe tooperation of such programs consistent with section 674(b)(3)641A of such Act:Act.

(3) $1,000,000,000 for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, of which no part shall be subject to section 674(b)(3) of such Act:

(4) $50,000,000 for carrying out activities under section 1110 of the Social Security Act.

Provided further, That $300,000,000 is to support regional or sub-nationalsub- national efforts toward health information exchange:

Provided<<NOTE: further, That funds available under this heading shall become available for obligation only upon submission of an annual operating plan by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate:

ProvidedOperating further,plan. That the fiscal year operating plan shall be provided not later than 90 days after enactment of this Act and that subsequent annual operating plans shall be provided not later than November 1 of each year:

Deadline.>> Provided further, That funds available under this heading shall become available for obligation only upon submission of an annual operating plan by the Secretary [[Page 123 STAT.

180]] to the Committees on Appropriations of the House of Representatives and the Senate:

<<NOTE:

Operating plans.

Deadlines.>> Provided further, That the fiscal year 2009 operating plan shall be provided not later than 90 days after enactment of this Act and that subsequent annual operating plans shall be provided not later than November 1 of each year:

Provided<<NOTE: further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later than November 1, 2009, and every months thereafter as long as funding provided under this heading is available for obligation or expenditure.

Reports.

Deadlines.>> Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

Provided further, That of the amount provided in this paragraph, $650,000,000 shall be to carry out evidence-basedevidence- based clinical and community-based prevention and wellness strategies authorized by the PHS Act, as determined by the Secretary, that deliver specific, measurable health outcomes that address chronic disease rates:

Provided<<NOTE: further, That the Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out with funds provided under this heading in order to determine the quality and effectiveness of the programs:

ProvidedContracts. further, That the Secretary shall, not later than 1 year after the date of enactment of this Act, submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report summarizing the annual evaluations of programs from the preceding proviso:

ProvidedEvaluations. further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan for the Prevention and Wellness Fund prior to making any Federal obligations of funds provided in this paragraph (excluding funds to carry out the section 317 immunization program), but not later than 90 days after the date of enactment of this Act, that indicates the prevention priorities to be addressed;

Deadline.>> Provided further, [[Page 123 STAT.

181]] That the Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out with funds provided under this heading in order to determine the quality and effectiveness of the programs:

<<NOTE:

Reports.

Deadline.>> Provided further, That the Secretary shall, not later than 1 year after the date of enactment of this Act, submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report summarizing the annual evaluations of programs from the preceding proviso:

Provided further, <<NOTE:

Operating plan.

Deadline.>> That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan for the Prevention and Wellness Fund prior to making any Federal obligations of funds provided in this paragraph (excluding funds to carry out the section 317 immunization program), but not later than 90 days after the date of enactment of this Act, that indicates the prevention priorities to be addressed;

Provided<<NOTE: further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

DEPARTMENTReports. OF EDUCATION Education for the Disadvantaged For an additional amount for ``Education for the Disadvantaged'' to carry out title I of the Elementary and Secondary Education Act of 1965 (``ESEA''), $13,000,000,000:

Deadlines.>> Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

DEPARTMENT OF EDUCATION Education for the <<NOTE:

Grants.>> Disadvantaged For an additional amount for ``Education for the Disadvantaged'' to carry out title I of the Elementary and Secondary Education Act of 1965 (``ESEA''), $13,000,000,000:

Provided<<NOTE: further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expenditures from State and local sources during the 2008-2009 academic year:

ProvidedDeadline. further, That each State educational agency shall report that information to the Secretary of Education by March 31, 2010.

Expenditures.>> Provided further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expenditures from State and local sources during the 2008- academic year:

<<NOTE:

Reports.

Deadline.>> Provided further, That each State educational agency shall report that information to the Secretary of Education by March 31, 2010.

School[[Page Improvement123 ProgramsSTAT. For an additional amount for ``School Improvement Programs'' to carry out subpart 1, part D of title II of the Elementary and Secondary Education Act of 1965 (``ESEA''), and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, $720,000,000:

182]] School Improvement <<NOTE:

Grants.>> Programs For an additional amount for ``School Improvement Programs'' to carry out subpart 1, part D of title II of the Elementary and Secondary Education Act of 1965 (``ESEA''), and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, $720,000,000:

Provided further, That the Secretary shall allot $70,000,000 for grants under McKinney-Vento to each State in proportion to the number of homeless students identified by the State during the 2007-2007-2008 school year relative to the number of such children identified nationally during that school year:

Provided further, That<<NOTE: the Secretary shall distribute the McKinney-Vento funds to the States not later than days after the date of the enactment of this Act:

ProvidedDeadline.>> further, That eachthe StateSecretary shall subgrantdistribute the McKinney-Vento funds to localthe educationalStates agencies not later than 120 days after receivingthe itsdate grantof from the Secretary.enactment of this Act:

<<NOTE:

Deadline.>> Provided further, That each State shall subgrant the McKinney-Vento funds to local educational agencies not later than 120 days after receiving its grant from the Secretary.

Provided further, That<<NOTE: a portion of these funds shall also be used for a rigorous national evaluation by the Institute of Education Sciences, utilizing randomized controlled methodology to the extent feasible, that assesses the impact of performance-based teacher and principal compensation systems supported by the funds provided in this Act on teacher and principal recruitment and retention in high-need schools and subjects:

Evaluation.>> That a portion of these funds shall also be used for a rigorous national evaluation by the Institute of Education Sciences, utilizing randomized controlled methodology to the extent feasible, that assesses the impact of performance-based teacher and principal compensation systems supported by the funds provided in this Act on teacher and principal recruitment and retention in high-need schools and subjects:

Provided<<NOTE: further, That by July 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 643(e) of the IDEA, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA:

ProvidedDeadline. further, That the total amount for each of sections 611(b)(2) and 643(b)(1) of the IDEA, under this and all other Acts, for fiscal year 2009, whenever enacted, shall be equal to the amounts respectively available for these activities under these sections during fiscal year 2008 increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA:

Grants.>> Provided further, That by July 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 643(e) of the IDEA, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA:

Provided further, That the total amount for each of sections 611(b)(2) and 643(b)(1) of the IDEA, under this and all other Acts, [[Page 123 STAT.

183]] for fiscal year 2009, whenever enacted, shall be equal to the amounts respectively available for these activities under these sections during fiscal year 2008 increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA:

Rehabilitation Services and Disability Research<<NOTE: For an additional amount for ``Rehabilitation Services and Disability Research'' for providing grants to States to carry out the Vocational Rehabilitation Services program under part B of title I and parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act of 1973, $680,000,000:

Grants.>> Research For an additional amount for ``Rehabilitation Services and Disability Research'' for providing grants to States to carry out the Vocational Rehabilitation Services program under part B of title I and parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act of 1973, $680,000,000:

The maximum<<NOTE: Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.

20 USC 1070a note.>> maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.

Institute of Education Sciences For an additional amount for ``Institute of Education Sciences'' to carry out section 208 of the Educational Technical Assistance Act, $250,000,000, which may be used for Statewide data systems that include postsecondary and workforce information, of which up[[Page to123 $5,000,000STAT. may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination.

184]] up to $5,000,000 may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination.

Provided, That $89,000,000 of the funds made available in this paragraph shall be used to make additional awards to existing AmeriCorps grantees and may be used to provide adjustments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2010 for which the Chief Executive Officer of the Corporation for National and Community Service (``CEO'') determines that a waiver of the Federal share limitation is warranted under section 2521.70 of title 45 of the Code of Federal Regulations:

Provided further, That funds provided in the previous proviso shall not be made available in connection with cost-cost-share share agreements authorized under section 192A(g)(10) of the 1990 Act:

Provided further, That of the funds available under this heading, up to 20 percent of funds allocated to grants authorized under section 124(b) of title I, subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program under section 129(d)(2) of the 1990 Act:

Provided<<NOTE: further, That the CEO shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs:

ProvidedOperating further,plans. That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

Deadlines.>> Provided further, That the CEO shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than [[Page 123 STAT.

185]] November 1, 2009, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs:

<<NOTE:

Reports.

Deadline.>> Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.

National Service Trust (including transfer of funds) For an additional amount for ``National Service Trust'' established under subtitle D of title I of the National and Community Service Act of 1990 (``1990 Act''), $40,000,000, which shall remain available until expended:

Provided,<<NOTE: That the Corporation for National and Community Service may transfer additional funds from the amount provided within ``Operating Expenses'' for grants made under subtitle C of title I of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate:

Notification.>> Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ``Operating Expenses'' for grants made under subtitle C of title I of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate:

Provided,<<NOTE: That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 10 days prior to each public notice soliciting bids related to site selection and construction and prior to the lease or purchase of such site:

Notification.

Deadline.>> Provided, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 10 days prior to each public notice soliciting bids related to site selection and construction and prior to the lease or purchase of such site:

Provided, That up to $40,000,000[[Page may123 beSTAT. used by the Commissioner of Social Security for health information technology research and activities to facilitate the adoption of electronic medical records in disability claims, including the transfer of funds to ``Supplemental Security Income Program'' to carry out activities under section 1110 of the Social Security Act.

186]] $40,000,000 may be used by the Commissioner of Social Security for health information technology research and activities to facilitate the adoption of electronic medical records in disability claims, including the transfer of funds to ``Supplemental Security Income Program'' to carry out activities under section 1110 of the Social Security Act.

(c) Not<<NOTE: later than 30 days after enactment of this Act, the Secretary of Labor shall provide an operating plan describing the proposed use of funds for the purposes described in (a).

Deadline.

Operating plan.>> Not later than 30 days after enactment of this Act, the Secretary of Labor shall provide an operating plan describing the proposed use of funds for the purposes described in (a).

REPORT<<NOTE: ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE INCREASES.

``(a)29 Study.--BeginningUSC on206 thenote.>> dateREPORT thatON isTHE 60IMPACT daysOF afterPAST theAND dateFUTURE ofMINIMUM enactmentWAGE ofINCREASES. this Act, and every year thereafter until the minimum wage in the respective territory is $7.25 per hour, the Government Accountability Office shall conduct a study to-- ``(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110- 28, on the rates of employment and the living standards of workers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities;

``(a) <<NOTE:

Effective date.>> Study.--Beginning on the date that is 60 days after the date of enactment of this Act, and every year thereafter until the minimum wage in the respective territory is $7.25 per hour, the Government Accountability Office shall conduct a study to-- ``(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110-28, on the rates of employment and the living standards of workers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities;

``(b) Report.--No earlier than March 15, 2010, and not later than April 15, 2010, the Government Accountability Office shall transmit its first report to Congress concerning the findings of the[[Page study123 requiredSTAT. under subsection (a).

187]] the study required under subsection (a).

(b) Effective<<NOTE: Date.--The amendment made by this section shall take effect on the date of enactment of this Act.

29 USC 206 note.>> Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act.

Federal<<NOTE: Coordinating Council for Comparative Effectiveness Research.