Public Law American Recovery and Revitalization Act of 2009; Economic Stimulus Act signed by...

8/14/2019 Public Law American Recovery and Revitalization Act of 2009; Economic Stimulus Act signed by President Barack

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American Recovery and

Reinvestment Act of 2009

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a.(1) To preserve and create jobs and promote economic recovery.

(2) To assist those most impacted by the recession.(3) To provide investments needed to increase

economic efficiency by spurring technologicaladvances in science and health.

(4) To invest in transportation, environmentalprotection, and other infrastructure that willprovide long-term economic benefits.

(5) To stabilize State and local governmentbudgets, in order to minimize and avoidreductions in essential services andcounterproductive state and local tax increases.

(b) GENERAL PRINCIPLES CONCERNING USE OFFUNDS.The President and the heads of Federaldepartments and agencies shall manage and expendthe funds made available in this Act so as to achievethe purposes specified in subsection (a), includingcommencing expenditures and activities as quickly as

possible consistent with prudent management.SEC. 4 . REFERENCES.

Except as expressly provided otherwise, anyreference to this Act contained in any division of thisAct shall be treated as referring only to the provisionsof that division.

SEC. 5 . EM ERGENCY DESIGNATIONS.

(a) IN GENERAL.Each amount in this Act isdesignated as an emergency requirement andnecessary to meet emergency needs pursuant to section204(a) of S. Con. Res. 21 (110th Congress) and section301(b)(2) of S. Con. Res. 70 (110th Congress), the

concurrent resolutions on the budget for fiscal years2008 and 2009.

(b) PAY-AS-YOU -GO.All applicable provisions inthis Act are designated as an emergency for purposesof pay-as-you-go principles.

DIVISIONAAPPROPRIATIONS

PROVISIONS

That the following sums are appropriated, out ofany money in the Treasury not otherwise appropriated,

for the fiscal year ending September 30, 2009, and forother purposes, namely:

TITLE IAGRICULTURE, RURALDEVELOPMENT, FOOD AND DRUG

ADMINISTRATION, AND RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

AGRICULTURE BUILDINGS AND FACILITIE S A ND RENTAL PAY ME NTS

For an additional amount for AgricultureBuildings and Facilities and Rental Payments,$24,000,000, for necessary construction, repair, and


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improvement activities.

OFFICE OF INSPECTOR GENERAL

For an additional amount for Office of InspectorGeneral, $22,500,000, to remain available untilSeptember 30, 2013, for oversight and audit of

programs, grants, and activities funded by this Actand administered by the Department of Agriculture.

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

For an additional amount for Buildings andFacilities, $176,000,000, for work on deferredmaintenance at Agricultural Research Servicefacilities: Provided, That priority in the use of suchfunds shall be given to critical deferred maintenance, toprojects that can be completed, and to activities thatcan commence promptly following enactment of this

Act.

FARM SERVICEAGENCY

SALARIES AND EXPENSES

For an additional amount for Farm ServiceAgency, Salaries and Expenses, $50,000,000, for thepurpose of maintaining and modernizing theinformation technology system.

NATUR AL RESOURCES CONSERVATION SERVICE

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for Watershed andFlood Prevention Operations, $290,000,000, ofwhich $145,000,000 is for necessary expenses topurchase and restore floodplain easements as author-ized by section 403 of the Agricultural Credit Act of1978 (16 U.S.C. 2203) (except that no more than$30,000,000 of the amount provided for the purchaseof floodplain easements may be obligated for projectsin any one State): Provided, That such funds shallbe allocated to projects that can be fully funded andcompleted with the funds appropriated in this Act,and to activities that can commence promptly

following enactment of this Act.

WATERSHED REHABILITATION PROGRAM

For an additional amount for WatershedRehabilitation Program, $50,000,000: Provided,That such funds shall be allocated to projects thatcan be fully funded and completed with the fundsappropriated in this Act, and to activities that cancommence promptly following enactment of this Act.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT


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For an additional amount for gross obligations forthe principal amount of direct and guaranteed loans asauthorized by title V of the Housing Act of 1949, to beavailable from funds in the rural housing insurancefund, as follows: $1,000,000,000 for section 502 directloans; and $10,472,000,000 for section 502 unsubsidizedguaranteed loans.

For an additional amount for the cost of direct andguaranteed loans, including the cost of modifyingloans, as defined in section 502 of the CongressionalBudget Act of 1974, as follows: $67,000,000 for section502 direct loans; and $133,000,000 for section 502unsubsidized guaranteed loans.

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

For an additional amount for the cost of directloans and grants for rural community facilitiesprograms as authorized by section 306 and described insection 381E(d)(1) of the Consolidated Farm and Rural

Development Act, $130,000,000.

RURAL BUSINESSCOOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

For an additional amount for the cost of guaranteedloans and grants as authorized by sections310B(a)(2)(A) and 310B(c) of the Consolidated Farmand Rural Development Act (7 U.S.C. 1932),$150,000,000.

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

For an additional amount for the cost of directloans and grants for the rural water, waste water,and waste disposal programs authorized by sections306 and 310B and described in section 381E(d)(2) ofthe Consolidated Farm and Rural Development Act,$1,380,000,000.

DISTANCE LEARNING, TELEMEDICINE , AND BR OA DB AND PROG RA M

For an additional amount for the cost ofbroadband loans and loan guarantees, as authorizedby the Rural Electrification Act of 1936 (7 U.S.C. 901

et seq.) and for grants (including for technicalassistance), $2,500,000,000: Provided, That the costof direct and guaranteed loans shall be as defined insection 502 of the Congressional Budget Act of 1974:Provided further, That, notwithstanding title VI ofthe Rural Electrification Act of 1936, this amount isavailable for grants, loans and loan guarantees forbroadband infrastructure in any area of the UnitedStates: Provided further, That at least 75 percent ofthe area to be served by a project receiving fundsfrom such grants, loans or loan guarantees shall be ina rural area without sufficient access to high speedbroadband service to facilitate rural economic


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development, as determined by the Secretary ofAgriculture: Provided further, That priority forawarding such funds shall be given to projectapplications for broadband systems that will deliverend users a choice of more than one service provider:Provided further, That priority for awarding fundsmade available under this paragraph shall be givento projects that provide service to the highestproportion of rural residents that do not have accessto broadband service: Provided further, Thatpriority shall be given for project applications fromborrowers or former borrowers under title II of theRural Electrification Act of 1936 and for projectapplications that include such borrowers or formerborrowers: Provided further, That priority forawarding such funds shall be given to projectapplications that demonstrate that, if the applicationis approved, all project elements will be fully funded:Provided further, That priority for awarding such

funds shall be given to project applications foractivities that can be completed if the requestedfunds are provided: Provided further, That priorityfor awarding such funds shall be given to activitiesthat can commence promptly following approval:Provided further, That no area of a project fundedwith amounts made available under this paragraphmay receive funding to provide broadband serviceunder the Broadband Technology OpportunitiesProgram: Provided further, That the Secretary shallsubmit a report on planned spending and actualobligations describing the use of these funds not laterthan 90 days after the date of enactment of this Act,

and quarterly thereafter until all funds are obligated,to the Committees on Appropriations of the House ofRepresentatives and the Senate.

FOOD AND NUTRITION SERVICECHILD NUTRITION PROGRAMS

For an additional amount for the Richard B.Russell National School Lunch Act (42 U.S.C. 1751et. seq.), except section 21, and the Child NutritionAct of 1966 (42 U.S.C. 1771 et. seq.), except sections17 and 21, $100,000,000, to carry out a grant programfor National School Lunch Program equipment

assistance: Provided, That such funds shall beprovided to States administering a school lunchprogram in a manner proportional with each Statesadministrative expense allocation: Provided further,That the States shall provide competitive grants toschool food authorities based upon the need forequipment assistance in participating schools withpriority given to school in which not less than 50percent of the students are eligible for free orreduced price meals under the Richard B. RussellNational School Lunch Act.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,


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INFANTS, AND CH ILD RE N (WI C)

For an additional amount for the specialsupplemental nutrition program as authorized bysection 17 of the Child Nutrition Act of 1966 (42U.S.C. 1786), $500,000,000, of which $400,000,000shall be placed in reserve to be allocated as the

Secretary deems necessary, notwithstanding section17(i) of such Act, to support participation should costor participation exceed budget estimates, and ofwhich $100,000,000 shall be for the purposesspecified in section 17(h)(10)(B)(ii): Provided, Thatup to one percent of the funding provided for thepurposes specified in section 17(h)(10)(B)(ii) may bereserved by the Secretary for Federal administrativeactivities in support of those purposes.

COMMODITY ASSISTANCE PROGRAM

For an additional amount for the emergency food

assistance program as authorized by section 27(a) ofthe Food and Nutrition Act of 2008 (7 U.S.C. 2036(a))and section 204(a)(1) of the Emergency FoodAssistance Act of 1983 (7 U.S.C. 7508(a)(1)),$150,000,000: Provided, That of the funds madeavailable, the Secretary may use up to $50,000,000for costs associated with the distribution ofcommodities, of which up to $25,000,000 shall bemade available in fiscal year 2009.

GENERAL PROVISIONSTHIS TITLE

SEC . 101. TEMPORARY INCREASE IN BENEFITS UNDERTHE SUPPLEMENTAL NUTRITIONASSISTANCE PROGRAM. (a)MAX IMUM BENEFIT INCREASE.

(1) IN GENERAL.Beginning the first monththat begins not less than 25 days after the date ofenactment of this Act, the value of benefitsdetermined under section 8(a) of the Food andNutrition Act of 2008 and consolidated blockgrants for Puerto Rico and American Samoadetermined under section 19(a) of such Act shallbe calculated using 113.6 percent of the June2008 value of the thrifty food plan as specifiedunder section 3(o) of such Act.

(2) TERMINATION .

(A) The authority provided by thissubsection shall terminate after September30, 2009.

(B) Notwithstanding subparagraph (A),the Secretary of Agriculture may not reducethe value of the maximum allotments,minimum allotments or consolidated blockgrants for Puerto Rico and American Samoabelow the level in effect for fiscal year 2009as a result of paragraph (1).

(b) REQUIREMENTS FOR THE SECRETARY.Incarrying out this section, the Secretary shall

(1) consider the benefit increases described


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in subsection (a) to be a mass change;(2) require a simple process for States to

notify households of the increase in benefits;(3) consider section 16(c)(3)(A) of the Food and

Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) toapply to any errors in the implementation of thissection, without regard to the 120-day limitdescribed in that section;

(4) disregard the additional amount ofbenefits that a household receives as a result ofthis section in determining the amount ofoverissuances under section 13 of the Food andNutrition Act of 2008 (7 U.S.C. 2022); and

(5) set the tolerance level for excluding smallerrors for the purposes of section 16(c) of the Foodand Nutrition Act of 2008 (7 U.S.C. 2025(c)) at$50 through September 30, 2009.(c) ADMINISTRATIVE EXPENSES.

(1) IN GENERAL.For the costs of State

administrative expenses associated withcarrying out this section and administering thesupplemental nutrition assistance programestablished under the Food and Nutrition Act of2008 (7 U.S.C. 2011 et seq.), the Secretary shallmake available $145,000,000 in fiscal year 2009and $150,000,000 in fiscal year 2010, of which$4,500,000 is for necessary expenses of the Foodand Nutrition Service for management andoversight of the program and for monitoring theintegrity and evaluating the effects of thepayments made under this section.

(2) TIMING FOR FISCAL YEAR 2009.Not later

than 60 days after the date of enactment of thisAct, the Secretary shall make available to Statesamounts for fiscal year 2009 under paragraph (1).

(3) ALLOCATION OF FUNDS.Except asprovided for management and oversight, fundsdescribed in paragraph (1) shall


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be made available as grants to Stateagencies for each fiscal year as follows:

(A) 75 percent of the amounts availablefor each fiscal year shall be allocated toStates based on the share of each State ofhouseholds that participate in the supple-mental nutrition assistance program asreported to the Department of Agriculturefor the most recent 12-month period forwhich data are available, adjusted by theSecretary (as of the date of enactment) forparticipation in disaster programs undersection 5(h) of the Food and Nutrition Act of2008 (7 U.S.C. 2014(h)); and

(B) 25 percent of the amounts availablefor each fiscal year shall be allocated toStates based on the increase in the numberof households that participate in the supple-mental nutrition assistance program as

reported to the Department of Agricultureover the most recent 12-month period forwhich data are available, adjusted by theSecretary (as of the date of enactment) forparticipation in disaster programs undersection 5(h) of the Food and Nutrition Act of2008 (7 U.S.C. 2014(h)).

(d) FOOD DISTRIBUTION PROGRAM ON INDIANRESERVATIONS. For the costs relating to facilityimprovements and equipment upgrades associatedwith the Food Distribution Program on IndianReservations, as established under section 4(b) of theFood and Nutrition Act of 2008 (7 U.S.C. 2013(b)), the

Secretary shall make available $5,000,000: Provided,That administrative cost-sharing requirements are notapplicable to funds provided in accordance with thisprovision.

(e) TREATMENT OF JOBLESS WORKERS.(1) REMAINDER OF FISCAL YEAR 2009 THROUGH

FISCAL YEAR 2010.Beginning with the firstmonth that begins not less than 25 days afterthe date of enactment of this Act and for eachsubsequent month through September 30, 2010,eligibility for supplemental nutrition assistanceprogram benefits shall not be limited undersection 6(o)(2) of the Food and Nutrition Act of

2008 unless an individual does not comply withthe requirements of a program offered by theState agency that meets the standards ofsubparagraphs (B) or (C) of that paragraph.

( 2 ) F I S C A L Y E A R 2 0 1 1 A N DTHEREAFTER.Beginning on October 1, 2010, forthe purposes of section 6(o) of the Food andNutrition Act of 2008 (7 U.S.C. 2015(o)), a Stateagency shall disregard any period during whichan individual received benefits under thesupplemental nutrition assistance program priorto October 1, 2010.

(f) FUNDING.There are appropriated to the


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Secretary out of funds of the Treasury not otherwiseappropriated such sums as are necessary to carry outthis section.

SEC . 102. AGRICULTURAL DISASTER ASSISTANCETRANSITION. (a) FEDERAL CROP INSURANCEACT . Section531(g) of the Federal Crop Insurance Act (7 U.S.C.1531(g)) is amended by adding at the end the following:

(7) 2008 TRANSITION ASSISTANCE.(A) IN GENERAL.Eligible producers on

a farm described in subparagraph (A) ofparagraph (4) that failed to timely pay theappropriate fee described in that subpara-graph shall be eligible for assistance underthis section in accordance withsubparagraph (B) if the eligible producerson the farm

(i) pay the appropriate feedescribed in paragraph (4)(A) not laterthan 90 days after the date of enact-

ment of this paragraph; and(ii)(I) in the case of each insurablecommodity of the eligible producers onthe farm, excluding grazing land,agree to obtain a policy or plan ofinsurance under subtitle A (excludinga crop insurance pilot program underthat subtitle) for the next insuranceyear for which crop insurance isavailable to the eligible producers onthe farm at a level of coverage equal to70 percent or more of the recorded orappraised average yield indemnified at

100 percent of the expected marketprice, or an equivalent coverage; and(II) in the case of each noninsurablecommodity of the eligible producers onthe farm, agree to file the requiredpaperwork, and pay the administrativefee by the applicable State filingdeadline, for the noninsured cropassistance program for the next year forwhich a policy is available.(B) AMOUNT OF ASSISTANCE.Eligible

producers on a farm that meet therequirements of subparagraph (A) shall be

eligible to receive assistance under thissection as if the eligible producers on thefarm

(i) in the case of each insurablecommodity of the eligible producers onthe farm, had obtained a policy or planof insurance for the 2008 crop year at alevel of coverage not to exceed 70percent or more of the recorded orappraised average yield indemnified at100 percent of the expected marketprice, or an equivalent coverage; and

(ii) in the case of each noninsurable


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commodity of the eligible producers on thefarm, had filed the required paperwork,

and paid the administrative fee by theapplicable State filing deadline, for the non-

insured crop assistance program for the2008 crop year, except that in determining

the level of coverage, the Secretary shalluse 70 percent of the applicable yield. (C)EQUITABLE RELIEF.Except as provided insubparagraph (D), eligible producers on a

farm that met the requirements ofparagraph (1) before the deadline described

in paragraph (4)(A) and are eligible toreceive, a disaster assistance payment

under this section for a production lossduring the 2008 crop year shall be eligible

to receive an amount equal to the greaterof

(i) the amount that would have been

calculated under subparagraph (B) if theeligible producers on the farm had paidthe appropriate fee under thatsubparagraph; or

(ii) the amount that would havebeen calculated under subparagraph(A) of subsection (b)(3) if

(I) in clause (i) of thatsubparagraph, 120 percent issubstituted for 115 percent; and

(II) in clause (ii) of thatsubparagraph, 125 is substitutedfor 120 percent.

(D) LIMITATION.For amounts madeavailable under this paragraph, theSecretary may make such adjustments asare necessary to ensure that no producerreceives a payment under this paragraphfor an amount in excess of the assistancereceived by a similarly situated producerthat had purchased the same or higher levelof crop insurance prior to the date ofenactment of this paragraph.

(E) AUTHORITY OF THE SECRETARY.TheSecretary may provide such additionalassistance as the Secretary considers

appropriate to provide equitable treatmentfor eligible producers on a farm that sufferedproduction losses in the 2008 crop year thatresult in multiyear production losses, asdetermined by the Secretary.

(F) LACK OF ACCESS .Notwithstandingany other provision of this section, theSecretary may provide assistance under thissection to eligible producers on a farmthat

(i) suffered a production loss dueto a natural cause during the 2008 cropyear; and


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(ii) as determined by the Secretary(I)(aa) except as provided in

item (bb), lack access to a policyor plan of insurance under sub-title A; or

(bb) do not qualify for awritten agreement because 1 ormore farming practices, which theSecretary has determined aregood farming practices, of theeligible producers on the farmdiffer significantly from thefarming practices used byproducers of the same crop inother regions of the UnitedStates; and

(II) are not eligible for thenoninsured crop disasterassistance program established by

section 196 of the FederalAgriculture Improvement andReform Act of 1996 (7 U.S.C.7333)..

(b) TRADEACT OF 1974.Section 901(g) of the TradeAct of 1974 (19 U.S.C. 2497(g)) is amended by addingat the end the following:

(7) 2008 TRANSITION ASSISTANCE.(A) IN GENERAL.Eligible producers on

a farm described in subparagraph (A) ofparagraph (4) that failed to timely pay theappropriate fee described in that subpara-graph shall be eligible for assistance under

this section in accordance withsubparagraph (B) if the eligible producerson the farm

(i) pay the appropriate feedescribed in paragraph (4)(A) not laterthan 90 days after the date of enact-ment of this paragraph; and

(ii)(I) in the case of each insurablecommodity of the eligible producers onthe farm, excluding grazing land, agreeto obtain a policy or plan of insuranceunder the Federal Crop Insurance Act (7U.S.C. 1501 et seq.) (excluding a crop

insurance pilot program under that Act)for the next insurance year for whichcrop insurance is available to the eligibleproducers on the farm at a level ofcoverage equal to 70 percent or more ofthe recorded or appraised average yieldindemnified at 100 percent of theexpected market price, or an equivalentcoverage; and

(II) in the case of eachnoninsurable commodity of the eligibleproducers on the farm, agree to file therequired paperwork, and pay the


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administrative fee by the applicableState filing deadline, for the noninsuredcrop assistance program for the nextyear for which a policy is available.(B) AMOUNT OF ASSISTANCE.Eligible

producers on a farm that meet therequirements of subparagraph (A) shall beeligible to receive assistance under thissection as if the eligible producers on thefarm

(i) in the case of each insurablecommodity of the eligible producers onthe farm, had obtained a policy or planof insurance for the 2008 crop year at alevel of coverage not to exceed 70percent or more of the recorded orappraised average yield indemnified at100 percent of the expected marketprice, or an equivalent coverage; and

(ii) in the case of each noninsurablecommodity of the eligible producers on thefarm, had filed the required paperwork,

and paid the administrative fee by theapplicable State filing deadline, for the non-

insured crop assistance program for the2008 crop year, except that in determining

the level of coverage, the Secretary shalluse 70 percent of the applicable yield. (C)EQUITABLE RELIEF.Except as provided insubparagraph (D), eligible producers on a

farm that met the requirements ofparagraph (1) before the deadline described

in paragraph (4)(A) and are eligible toreceive, a disaster assistance payment

under this section for a production lossduring the 2008 crop year shall be eligible

to receive an amount equal to the greaterof

(i) the amount that would have beencalculated under subparagraph (B) if theeligible producers on the farm had paidthe appropriate fee under thatsubparagraph; or

(ii) the amount that would havebeen calculated under subparagraph

(A) of subsection (b)(3) if(I) in clause (i) of that

subparagraph, 120 percent issubstituted for 115 percent; and

(II) in clause (ii) of thatsubparagraph, 125 is substitutedfor 120 percent.

(D) LIMITATION.For amounts madeavailable under this paragraph, theSecretary may make such adjustments asare necessary to ensure that no producerreceives a payment under this paragraphfor an amount in excess of the assistance


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received by a similarly situated producerthat had purchased the same or higher levelof crop insurance prior to the date ofenactment of this paragraph.

(E) AUTHORITY OF THE SECRETARY.TheSecretary may provide such additionalassistance as the Secretary considersappropriate to provide equitable treatmentfor eligible producers on a farm that sufferedproduction losses in the 2008 crop year thatresult in multiyear production losses, asdetermined by the Secretary.

(F) LACK OF ACCESS .Notwithstandingany other provision of this section, theSecretary may provide assistance under thissection to eligible producers on a farmthat

(i) suffered a production loss dueto a natural cause during the 2008 crop

year; and(ii) as determined by the Secretary(I)(aa) except as provided in

item (bb), lack access to a policyor plan of insurance under sub-title A; or

(bb) do not qualify for awritten agreement because 1 ormore farming practices, which theSecretary has determined aregood farming practices, of theeligible producers on the farmdiffer significantly from the

farming practices used byproducers of the same crop inother regions of the UnitedStates; and

(II) are not eligible for thenoninsured crop disasterassistance program established bysection 196 of the FederalAgriculture Improvement andReform Act of 1996 (7 U.S.C.7333)..

(c) FAR M OPERATING LOANS.(1) IN GENERAL.For the principal amount of

direct farm operating loans under section 311 ofthe Consolidated Farm and Rural DevelopmentAct (7 U.S.C. 1941), $173,367,000.

(2) DIRECT FARM OPERATING LOANS.For thecost of direct farm operating loans, including thecost of modifying loans, as defined in section 502of the Congressional Budget Act of 1974 (2 U.S.C.661a), $20,440,000.(d) 2008 AQUACULTUREASSISTANCE.

(1) DEFINITIONS.In this subsection:(A) ELIGIBLE AQUACULTURE

PRODUCER.The term eligible aquacultureproducer means an aquaculture producer


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that during the 2008 calendar year, asdetermined by the Secretary

(i) produced an aquaculture speciesfor which feed costs represented asubstantial percentage of the input costsof the aquaculture operation; and

(ii) experienced a substantial priceincrease of feed costs above theprevious 5-year average.(B) SECRETARY.The term Secretary

means the Secretary of Agriculture.(2) GRANT PROGRAM.

(A) IN GENERAL.Of the funds of theCommodity Credit Corporation, theSecretary shall use not more than$50,000,000, to remain available untilSeptember 30, 2010, to carry out a programof grants to States to assist eligibleaquaculture producers for losses associated

with high feed input costs during the 2008calendar year.(B) NOTIFICATION.Not later than 60

days after the date of enactment of this Act,the Secretary shall notify the Statedepartment of agriculture (or similar entity)in each State of the availability of funds toassist eligible aquaculture producers,including such terms as determined by theSecretary to be necessary for the equitabletreatment of eligible aquaculture producers.

(C) PROVISION OF GRANTS.


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(i) IN GENERAL.The Secretary shallmake grants to States under thissubsection on a pro rata basis based onthe amount of aquaculture feed used ineach State during the 2007 calendaryear, as determined by the Secretary.

(ii) TIMING.Not later than 120days after the date of enactment of thisAct, the Secretary shall make grants toStates to provide assistance under thissubsection.(D) REQUIREMENTS.The Secretary shall

make grants under this subsection only toStates that demonstrate to the satisfaction ofthe Secretary that the State will

(i) use grant funds to assist eligibleaquaculture producers;

(ii) provide assistance to eligibleaquaculture producers not later than 60

days after the date on which the Statereceives grant funds; and(iii) not later than 30 days after the

date on which the State providesassistance to eligible aquacultureproducers, submit to the Secretary areport that describes

(I) the manner in which theState provided assistance;

(II) the amounts of assistanceprovided per species ofaquaculture; and

(III) the process by which the

State determined the levels ofassistance to eligible aquacultureproducers.

(3) REDUCTION IN PAYMENTS.An eligibleaquaculture producer that receives assistanceunder this subsection shall not be eligible toreceive any other assistance under the supple-mental agricultural disaster assistance programestablished under section 531 of the FederalCrop 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 samespecies of aquaculture.

(4) REPORT TO CONGRESS.Not later than 180days after the date of enactment of this Act, theSecretary shall submit to the appropriatecommittees of Congress a report that

1) describes in detail the manner inwhich this subsection has been carried out;and

2) includes the information reported tothe Secretary under paragraph (2)(D)(iii).

SEC . 103. For fiscal years 2009 and 2010, in thecase of each program established or amended by theFood, Conservation, and Energy Act of 2008 (PublicLaw 110246), other than by title I of such Act, that is


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authorized or required to be carried out using funds ofthe Commodity Credit Corporation

(1) such funds shall be available for thepurpose of covering salaries and relatedadministrative expenses, including technicalassistance, associated with the implementationof the program, without regard to the limitationon the total amount of allotments and fundtransfers contained in section 11 of theCommodity Credit Corporation Charter Act (15U.S.C. 714i); and

(2) the use of such funds for such purposeshall not be considered to be a fund transfer orallotment for purposes of applying the limitationon the total amount of allotments and fundtransfers contained in such section.

SEC . 104. In addition to other available funds, ofthe funds made available to the Rural Developmentmission area in this title, not more than 3 percent of

the funds can be used for administrative costs tocarry out loan, loan guarantee and grant activitiesfunded in this title, which shall be transferred to andmerged with the appropriation for RuralDevelopment, Salaries and Expenses: Provided,That of this amount $1,750,000 shall be committed toagency projects associated with maintaining thecompliance, safety, and soundness of the portfolio ofloans guaranteed through the section 502guaranteed loan program.

SEC . 105. Of the amounts appropriated in thistitle to the Rural Housing Service, RuralCommunity Facilities Program Account, the Rural

Business-Cooperative Service, Rural BusinessProgram Account, and the Rural Utilities Service,Rural Water and Waste Disposal Program Account,at least 10 percent shall be allocated for assistance inpersistent poverty counties: Provided, That for thepurposes of this section, the term persistent povertycounties means any county that has had 20 percentor more of its population living in poverty over thepast 30 years, as measured by the 1980, 1990, and2000 decennial censuses.

TITLE IICOMMERCE, JUSTICE, SCIENCE,AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENTADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For an additional amount for EconomicDevelopment Assistance Programs, $150,000,000:Provided, That $50,000,000 shall be for economicadjustment assistance as authorized by section 209 ofthe Public Works and Economic Development Act of1965, as amended (42 U.S.C. 3149): Provided further,


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That in allocating the funds provided in the previousproviso, the Secretary of Commerce shall give priorityconsideration to areas of the Nation that haveexperienced sudden and severe economic dislocationand job loss due to corporate restructuring: Providedfurther, That not to exceed 2 percent of the fundsprovided under this heading may be transferred toand merged with the appropriation for Salaries andExpenses for purposes of program administrationand oversight: Provided further, That up to$50,000,000 of the funds provided under this headingmay be transferred to federally authorized regionaleconomic development commissions.

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

For an additional amount for Periodic Censusesand Programs, $1,000,000,000.

NATIONAL TELECOMMUNICATIONS ANDINFORMATIONADMINISTRATION

BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM

For an amount for Broadband TechnologyOpportunities Program, $4,700,000,000: Provided,That of the funds provided under this heading, notless than $4,350,000,000 shall be expended pursuantto division B of this Act, of which: not less than$200,000,000 shall be available for competitivegrants for expanding public computer center capacity,

including at community colleges and public libraries;not less than $250,000,000 shall be available forcompetitive grants for innovative programs toencourage sustainable adoption of broadband service;and $10,000,000 shall be transferred to Departmentof Commerce, Office of Inspector General for thepurposes of audits and oversight of funds providedunder this heading and such funds shall remainavailable until expended: Provided further, That ofthe funds provided under this heading, up to$350,000,000 may be expended pursuant to PublicLaw 110 385 (47 U.S.C. 1301 note) and for thepurposes of developing and maintaining a broadband

inventory map pursuant to division B of this Act:Provided further, That of the funds provided underthis heading, amounts deemed necessary andappropriate by the Secretary of Commerce, inconsultation with the Federal CommunicationsCommission (FCC), may be transferred to the FCC forthe purposes of developing a national broadband planor for carrying out any other FCC responsibilitiespursuant to division B of this Act, and only if theCommittees on Appropriations of the House and theSenate are notified not less than 15 days in advanceof the transfer of such funds: Provided further, Thatnot more than 3 percent of funds provided under this


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heading may be used for administrative costs, andthis limitation shall apply to funds which may betransferred to the FCC.

DIGITAL-TO-AN ALOG CO NV ERTER B OX PROG RA M

For an amount for Digital-to-Analog Converter

Box Program, $650,000,000, for additional couponsand related activities under the programimplemented under section 3005 of the Digital Tele-vision Transition and Public Safety Act of 2005:Provided, That of the amounts provided under thisheading, $90,000,000 may be for education andoutreach, including grants to organizations forprograms to educate vulnerable populations,including senior citizens, minority communities,people with disabilities, low-income individuals, andpeople living in rural areas, about the transition andto provide one-on-one assistance to vulnerablepopulations, including help with converter box

installation: Provided further, That the amountsprovided in the previous proviso may be transferredto the Federal Communications Commission (FCC) ifdeemed necessary and appropriate by the Secretaryof Commerce in consultation with the FCC, and onlyif the Committees on Appropriations of the House andthe Senate are notified not less than 5 days inadvance of transfer of such funds.

NATIONA L INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For an additional amount for Scientific andTechnical Research and Services, $220,000,000.

CONSTRUCTION OF RESEARCH FACILITIES

For an additional amount for Construction ofResearch Facilities, $360,000,000, of which$180,000,000 shall be for a competitive constructiongrant program for research science buildings.

NATIONA L OCEANIC ANDATMOSPHERICADMINISTRATION

OPERATIONS, RESEARCH, AN D FACILIT IES

For an additional amount for Operations,Research, and Facilities, $230,000,000.

PROCUREMENT, AC QU ISITION AN D CONS TRUCTIO N

For an additional amount for Procurement,Acquisition and Construction, $600,000,000.


For an additional amount for Office of InspectorGeneral, $6,000,000, to remain available untilSeptember 30, 2013.


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DEPARTMENT OF JUSTICE

GENERALADMINISTRATION


For an additional amount for Office of Inspector

General, $2,000,000, to remain available untilSeptember 30, 2013.

STATE AND LOCAL LAW ENFORCEMENTACTIVITIES

OFFICE ONVIOLENCEAGAINST WOMEN

VIOLEN CE AG AINST W OM EN PREVEN TIO N AN DPROSECUTION PROGRAMS

For an additional amount for Violence AgainstWomen Prevention and Prosecution Programs,$225,000,000 for grants to combat violence againstwomen, as authorized by part T of the OmnibusCrime Control and Safe Streets Act of 1968 (42 U.S.C.3796gg et seq.): Provided, That, $50,000,000 shallbe for transitional housing assistance grants forvictims of domestic violence, stalking or sexualassault as authorized by section 40299 of the ViolentCrime Control and Law Enforcement Act of 1994(Public Law 103322).

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 theEdward Byrne Memorial Justice Assistance Grantprogram as authorized by subpart 1 of part E of titleI of the Omnibus Crime Control and Safe StreetsActs of 1968 (1968 Act), (except that section 1001(c),and the special rules for Puerto Rico under section505(g), of the 1968 Act, shall not apply for purposesof this Act).

For an additional amount for State and LocalLaw Enforcement Assistance, $225,000,000, forcompetitive grants to improve the functioning of thecriminal justice system, to assist victims of crime(other than compensation), and youth mentoring

grants.For an additional amount for State and Local

Law Enforcement Assistance, $40,000,000, forcompetitive grants to provide assistance andequipment to local law enforcement along theSouthern border and in High-Intensity DrugTrafficking Areas to combat criminal narcoticsactivity stemming from the Southern border, ofwhich $10,000,000 shall be transferred to Bureau ofAlcohol, Tobacco, Firearms and Explosives, Salariesand Expenses for the ATF Project Gunrunner.

For an additional amount for State and LocalLaw Enforcement Assistance, $225,000,000, for


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assistance to Indian tribes, notwithstanding PublicLaw 108199, division B, title I, section 112(a)(1)(118 Stat. 62), which shall be available for grantsunder section 20109 of subtitle A of title II of theViolent Crime Control and Law Enforcement Act of1994 (Public Law 103322).

For an additional amount for State and LocalLaw Enforcement Assistance, $100,000,000, to bedistributed by the Office for Victims of Crime inaccordance with section 1402(d)(4) of the Victims ofCrime Act of 1984 (Public Law 98473).

For an additional amount for State and LocalLaw Enforcement Assistance, $125,000,000, forassistance to law enforcement in rural States andrural areas, to prevent and combat crime, especiallydrug-related crime.

For an additional amount for State and Local LawEnforcement Assistance, $50,000,000, for InternetCrimes Against Children (ICAC) initiatives.

COMMUNITY ORIENTED POLICING SERVICES

For an additional amount for Community OrientedPolicing Services, for grants under section 1701 oftitle I of the 1968 Omnibus Crime Control and SafeStreets Act (42 U.S.C. 3796dd) for hiring and rehiringof additional career law enforcement officers underpart Q of such title, notwithstanding subsection (i) ofsuch section, $1,000,000,000.

SALAR IES AN D EXPENSES

For an additional amount, not elsewhere specified

in this title, for management and administration andoversight of programs within the Office on ViolenceAgainst Women, the Office of Justice Programs, andthe Community Oriented Policing Services Office,$10,000,000.

SCIENCE

NATIONA LAERONAUTICS AND SPACEADMINISTRATION

SCIENCE

For an additional amount for Science, $400,000,000.

AE RONA UT ICS

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

EXPLORATION

For an additional amount for Exploration, $400,000,000.

CROSS AGENCY SUPPORT

For an additional amount for Cross AgencySupport, $50,000,000.


For an additional amount for Office of Inspector


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General, $2,000,000, to remain available untilSeptember 30, 2013.

NATIONA L SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For an additional amount for Research andRelated Activities, $2,500,000,000: Provided, That$300,000,000 shall be available solely for the MajorResearch Instrumentation program and $200,000,000shall be for activities authorized by title II of PublicLaw 100570 for academic research facilitiesmodernization.

EDUCATION AND HUMAN RESOURCES

For an additional amount for Education andHuman Resources, $100,000,000.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For an additional amount for Major ResearchEquipment and Facilities Construction,$400,000,000.


For an additional amount for Office of InspectorGeneral, $2,000,000, to remain available untilSeptember 30, 2013.

GENERAL PROVISIONTHIS TITLE

SEC . 201. Sections 1701(g) and 1704(c) of theOmnibus Crime Control and Safe Streets Act of 1968(42 U.S.C. 3796dd(g) and 3796dd3(c)) shall not applywith respect to funds appropriated in this or any otherAct making appropriations for fiscal year 2009 or 2010for Community Oriented Policing Services authorizedunder part Q of such Act of 1968.

TITLE IIIDEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

OPERATION AND MAIN TENA NC E, ARM Y

For an additional amount for Operation and

Maintenance, Army, $1,474,525,000, to remainavailable for obligation until September 30, 2010, toimprove, repair and modernize Department ofDefense facilities, restore and modernize realproperty to include barracks, and invest in theenergy efficiency of Department of Defense facilities.

OPERATION AND MAIN TENA NC E, NAV Y

For an additional amount for Operation andMaintenance, Navy, $657,051,000, to remainavailable for obligation until September 30, 2010, toimprove, repair and modernize Department ofDefense facilities, restore and modernize real


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property to include barracks, and invest in theenergy efficiency of Department of Defense facilities.

OPERATION AND MAINTENAN CE , MAR INE CORPS

For an additional amount for Operation andMaintenance, Marine Corps, $113,865,000, to

remain available for obligation until September 30,2010, to improve, repair and modernize Departmentof Defense facilities, restore and modernize realproperty to include barracks, and invest in theenergy efficiency of Department of Defense facilities.

OPERATION AND MAIN TE NANC E, AIR FORCE

For an additional amount for Operation andMaintenance, Air Force, $1,095,959,000, to remainavailable for obligation until September 30, 2010, toimprove, repair and modernize Department of Defensefacilities, restore and modernize real property to

include barracks, and invest in the energy efficiency ofDepartment of Defense facilities.

OPERATION AND MAINTENAN CE , ARMY RESERVE

For an additional amount for Operation andMaintenance, Army Reserve, $98,269,000, to remainavailable for obligation until September 30, 2010, toimprove, repair and modernize Department of Defensefacilities, restore and modernize real property toinclude barracks, and invest in the energy efficiency ofDepartment of Defense facilities.

OPERATION AND MAINTENAN CE , NAVY RESERVE

For an additional amount for Operation andMaintenance, Navy Reserve, $55,083,000, to remainavailable for obligation until September 30, 2010, toimprove, repair and modernize Department of Defensefacilities, restore and modernize real property toinclude barracks, and invest in the energy efficiency ofDepartment of Defense facilities.

OPERATION AND MAINTEN AN CE , MAR INE CORPS RESERVE

For an additional amount for Operation andMaintenance, Marine Corps Reserve, $39,909,000,to remain available for obligation until September 30,2010, to improve, repair and modernize Departmentof Defense facilities, restore and modernize real prop-erty to include barracks, and invest in the energyefficiency of Department of Defense facilities.

OPERATION AND MAINTEN AN CE , AIR FORCE RESERVE

For an additional amount for Operation andMaintenance, Air Force Reserve, $13,187,000, toremain available for obligation until September 30,2010, to improve, repair and modernize Departmentof Defense facilities, restore and modernize realproperty to include barracks, and invest in the


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energy efficiency of Department of Defense facilities.

OPERATION AND MAINTEN AN CE , ARMY NATIONA L GUARD

For an additional amount for Operation andMaintenance, Army National Guard, $266,304,000,to remain available for obligation until September 30,

2010, to improve, repair and modernize Departmentof Defense facilities, restore and modernize real prop-erty to include barracks, and invest in the energyefficiency of Department of Defense facilities.

OPERATION AND MAINTEN AN CE , AIR NATIONA L GUARD

For an additional amount for Operation andMaintenance, Air National Guard, $25,848,000, toremain available for obligation until September 30,2010, to improve, repair and modernize Departmentof Defense facilities, restore and modernize realproperty to include barracks, and invest in the

energy efficiency of Department of Defense facilities.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARM Y

For an additional amount for Research,Development, Test and Evaluation, Army,$75,000,000, to remain available for obligation untilSeptember 30, 2010.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAV Y

For an additional amount for Research,

Development, Test and Evaluation, Navy,$75,000,000, to remain available for obligation untilSeptember 30, 2010.

RESEARCH, DEVELOPMENT, TEST AND EVALU ATION, AIR FORCE

For an additional amount for Research,Development, Test and Evaluation, Air Force,$75,000,000, to remain available for obligation untilSeptember 30, 2010.

RESEARCH, DEVELOPMENT, TEST AND EVA LUATION, DEFENSE-WIDE

For an additional amount for Research,

Development, Test and Evaluation, Defense-Wide ,$75,000,000, to remain available for obligation untilSeptember 30, 2010.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for Defense HealthProgram, $400,000,000 for operation andmaintenance, to remain available for obligation untilSeptember 30, 2010, to improve, repair andmodernize military medical facilities, and invest in


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the energy efficiency of military medical facilities.

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for Office of theInspector General , $15,000,000 for operation andmaintenance, to remain available for obligation until

September 30, 2011.TITLE IVENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSECIVIL

DEPARTMENT

OF THEARM Y

CORPS OF

ENGINEERS

CIVIL

INVESTIGATIONS

For an additional amount for Investigations,$25,000,000: Provided, That funds provided underthis heading in this title shall only be used forprograms, projects or activities that heretofore orhereafter receive funds provided in Acts makingappropriations available for Energy and WaterDevelopment: Provided further, That funds providedunder this heading in this title shall be used forprograms, projects or activities or elements of

programs, projects or activities that can be completedwithin the funds made available in that account andthat will not require new budget authority tocomplete: Provided further, That for projects thatare being completed with funds appropriated in thisAct that would otherwise be expired for obligation,expired funds appropriated in this Act may be usedto pay the cost of associated supervision, inspection,overhead, engineering and design on those projectsand on subsequent claims, if any: Provided further,That the Secretary of the Army shall submit aquarterly report to the Committees on Appropriationsof the House of Representatives and the Senate

detailing the allocation, obligation and expendituresof these funds, beginning not later than 45 days afterenactment of this Act: Provided further, That theSecretary shall have unlimited reprogrammingauthority for these funds provided under thisheading.

CONSTRUCTION

For an additional amount for Construction,$2,000,000,000: Provided, That not less than$200,000,000 of the funds provided shall be forwater-related environmental infrastructure


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assistance: Provided further, That section 102 ofPublic Law 109103 (33 U.S.C.2221) shall not apply to funds provided in this title:Provided further, That notwithstanding any otherprovision of law, funds provided in this paragraphshall not be cost shared with the Inland WaterwaysTrust Fund as authorized in Public Law 99662: Pro-vided further, That funds provided under thisheading in this title shall only be used for programs,projects or activities that heretofore or hereafterreceive funds provided in Acts making appropriationsavailable for Energy and Water Development:Provided further, That funds provided under thisheading in this title shall be used for programs,projects or activities or elements of programs, projectsor activities that can be completed within the fundsmade available in that account and that will notrequire new budget authority to complete: Providedfurther, That the limitation concerning total project

costs in section 902 of the Water ResourcesDevelopment Act of 1986, as amended (33 U.S.C.2280), shall not apply during fiscal year 2009 to anyproject that received funds provided in this title:Provided further, That funds appropriated underthis heading may be used by the Secretary of theArmy, acting through the Chief of Engineers, toundertake work authorized to be carried out inaccordance with section 14 of the Flood Control Act of1946 (33 U.S.C. 701r); section 205 of the FloodControl Act of 1948 (33 U.S.C. 701s); section 206 ofthe Water Resources Development Act of 1996 (33U.S.C. 2330); or section 1135 of the Water Resources

Development Act of 1986 (33 U.S.C. 2309a), notwith-standing the program cost limitations set forth inthose sections: Provided further, That for projectsthat are being completed with funds appropriated inthis Act that would otherwise be expired forobligation, expired funds appropriated in this Actmay be used to pay the cost of associatedsupervision, inspection, overhead, engineering anddesign on those projects and on subsequent claims, ifany: Provided further, That the Secretary of theArmy shall submit a quarterly report to theCommittees on Appropriations of the House ofRepresentatives and the Senate detailing the alloca-

tion, obligation and expenditures of these funds,beginning not later than 45 days after enactment ofthis Act: Provided further, That the Secretary shallhave unlimited reprogramming authority for thesefunds provided under this heading.

MISSISSIPPI RIVER AND TRIBUTARIES

For an additional amount for Mississippi Riverand Tributaries, $375,000,000: Provided, Thatfunds provided under this heading in this title shallonly be used for programs, projects or activities thatheretofore or hereafter receive funds provided in


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Acts making appropriations available for Energy andWater Development: Provided further, That fundsprovided under this heading in this title shall beused for programs, projects or activities or elementsof programs, projects or activities that can becompleted within the funds made available in thataccount and that will not require new budgetauthority to complete: Provided further, That thelimitation concerning total project costs in section 902of the Water Resources Development Act of 1986, asamended (33 U.S.C. 2280), shall not apply duringfiscal year 2009 to any project that received fundsprovided in this title: Provided further, That forprojects that are being completed with fundsappropriated in this Act that would otherwise beexpired for obligation, expired funds appropriated inthis Act may be used to pay the cost of associatedsupervision, inspection, overhead, engineering anddesign on those projects and on subsequent claims, if

any: Provided further, That the Secretary of theArmy shall submit a quarterly report to theCommittees on Appropriations of the House ofRepresentatives and the Senate detailing theallocation, obligation and expenditures of these funds,beginning not later than 45 days after enactment ofthis Act: Provided further, That the Secretary shallhave unlimited reprogramming authority for thesefunds provided under this heading.

OPERATION AND MAINTENANCE

For an additional amount for Operation andMaintenance, $2,075,000,000: Provided, That funds

provided under this heading in this title shall only beused for programs, projects or activities thatheretofore or hereafter receive funds provided in Actsmaking appropriations available for Energy andWater Development: Provided further, That fundsprovided under this heading in this title shall beused for programs, projects or activities or elementsof programs, projects or activities that can becompleted within the funds made available in thataccount and that will not require new budgetauthority to complete: Provided further, Thatsection 9006 of Public Law 110114 shall not apply tofunds provided in this title: Provided further, Thatfor projects that are being completed with fundsappropriated in this Act that would otherwise beexpired for obligation, expired funds appropriated inthis Act may be used to pay the cost of associatedsupervision, inspection, overhead, engineering anddesign on those projects and on subsequent claims, ifany: Provided further, That the Secretary of theArmy shall submit a quarterly report to theCommittees on Appropriations of the House ofRepresentatives and the Senate detailing theallocation, obligation and expenditures of these funds,beginning not later than 45 days after enactment of


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this Act: Provided further, That the Secretary shallhave unlimited reprogramming authority for thesefunds provided under this heading.

REGULATORY PROGRAM

For an additional amount for Regulatory

Program, $25,000,000.FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For an additional amount for Formerly UtilizedSites Remedial Action Program, $100,000,000:Provided, That funds provided under this heading inthis title shall be used for programs, projects oractivities or elements of programs, projects oractivities that can be completed within the fundsmade available in that account and that will notrequire new budget authority to complete: Providedfurther, That for projects that are being completedwith funds appropriated in this Act that would

otherwise be expired for obligation, expired fundsappropriated in this Act may be used to pay the costof associated supervision, inspection, overhead,engineering and design on those projects and onsubsequent claims, if any: Provided further, Thatthe Secretary of the Army shall submit a quarterlyreport to the Committees on Appropriations of theHouse of Representatives and the Senate detailingthe allocation, obligation and expenditures of thesefunds, beginning not later than 45 days afterenactment of this Act: Provided further, That theSecretary shall have unlimited reprogrammingauthority for these funds provided under thisheading.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for Water and RelatedResources, $1,000,000,000: Provided, That of theamount appropriated under this heading, not lessthan $126,000,000 shall be used for waterreclamation and reuse projects authorized under title

XVI of Public Law 102575: Provided further, Thatfunds provided in this Act shall be used for elementsof projects, programs or activities that can becompleted within these funding amounts and notcreate budgetary obligations in future fiscal years:Provided further, That $50,000,000 of the fundsprovided under this heading may be transferred tothe Department of the Interior for programs, projectsand activities authorized by the Central Utah ProjectCompletion Act (titles IIV of Public Law 102575):Provided further, That $50,000,000 of the fundsprovided under this heading may be used forprograms, projects, and activities authorized by the


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California Bay-Delta Restoration Act (Public Law108361): Provided further, That not less than$60,000,000 of the funds provided under this headingshall be used for rural water projects and shall beexpended primarily on water intake and treatmentfacilities of such projects: Provided further, That notless than $10,000,000 of the funds provided underthis heading shall be used for a bureau-wideinspection of canals program in urbanized areas:Provided further, That the costs of extraordinarymaintenance and replacement activities carried outwith funds provided in this Act shall be repaidpursuant to existing authority, except the length ofrepayment period shall be as determined by theCommissioner, but in no case shall the repaymentperiod exceed 50 years and the repayment shallinclude interest, at a rate determined by theSecretary of the Treasury as of the beginning of thefiscal year in which the work is commenced, on the

basis of average market yields on outstandingmarketable obligations of the United States with theremaining periods of maturity comparable to theapplicable reimbursement period of the projectadjusted to the nearest one-eighth of 1 percent onthe unamortized balance of any portion of the loan:Provided further, That for projects that are beingcompleted with funds appropriated in this Act thatwould otherwise be expired for obligation, expiredfunds appropriated in this Act may be used to paythe cost of associated supervision, inspection,overhead, engineering and design on those projectsand on subsequent claims, if any: Provided further,

That the Secretary of the Interior shall submit aquarterly report to the Committees on Appropriationsof the House of Representatives and the Senatedetailing the allocation, obligation and expendituresof these funds, beginning not later than 45 days afterenactment of this Act: Provided further, That theSecretary shall have unlimited reprogrammingauthority for these funds provided under thisheading.

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY EFFICIENCY AND RENEWABLE ENERGY

For an additional amount for Energy Efficiencyand Renewable Energy, $16,800,000,000: Provided,That $3,200,000,000 shall be available for EnergyEfficiency and Conservation Block Grants forimplementation of programs authorized under subtitleE of title V of the Energy Independence and SecurityAct of 2007 (42 U.S.C.17151 et seq.), of which $2,800,000,000 is availablethrough the formula in subtitle E: Provided further,That the Secretary may use the most recent andaccurate population data available to satisfy the


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requirements of section 543(b) of the EnergyIndependence and Security Act of 2007: Providedfurther, That the remaining $400,000,000 shall beawarded on a competitive basis: Provided further,That $5,000,000,000 shall be for the WeatherizationAssistance Program under part A of title IV of theEnergy Conservation and Production Act (42 U.S.C.6861 et seq.): Provided further, That $3,100,000,000shall be for the State Energy Program authorizedunder part D of title III of the Energy Policy andConservation Act (42 U.S.C. 6321): Provided further,That $2,000,000,000 shall be available for grants forthe manufacturing of advanced batteries andcomponents and the Secretary shall provide facilityfunding awards under this section to manufacturersof advanced battery systems and vehicle batteriesthat are produced in the United States, includingadvanced lithium ion batteries, hybrid electricalsystems, component manufacturers, and software

designers: Provided further, That notwithstandingsection 3304 of title 5, United States Code, andwithout regard to the provisions of sections 3309through 3318 of such title 5, the Secretary of Energy,upon a determination that there is a severe shortageof candidates or a critical hiring need for particularpositions, may from within the funds provided,recruit and directly appoint highly qualifiedindividuals into the competitive service: Providedfurther, That such authority shall not apply topositions in the Excepted Service or the SeniorExecutive Service: Provided further, That any actionauthorized herein shall be consistent with the merit

principles of section 2301 of such title 5, and theDepartment shall comply with the public noticerequirements of section 3327 of such title 5.

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For an additional amount for ElectricityDelivery and Energy Reliability, $4,500,000,000:Provided, That funds shall be available for expensesnecessary for electricity delivery and energyreliability activities to modernize the electric grid, toinclude demand responsive equipment, enhancesecurity and reliability of the energy infrastructure,energy storage research, development, demonstrationand deployment, and facilitate recovery fromdisruptions to the energy supply, and forimplementation of programs authorized under titleXIII of the Energy Independence and Security Act of2007 (42 U.S.C. 17381 et seq.): Provided further,That $100,000,000 shall be available for workertraining activities: Provided further, Thatnotwithstanding section 3304 of title 5, United StatesCode, and without regard to the provisions ofsections 3309 through 3318 of such title 5, theSecretary of Energy, upon a determination thatthere is a severe shortage of candidates or a critical


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hiring need for particular positions, may from withinthe funds provided, recruit and directly appointhighly qualified individuals into the competitiveservice: Provided further, That such authority shallnot apply to positions in the Excepted Service or theSenior Executive Service: Provided further, Thatany action authorized herein shall be consistent withthe merit principles of section 2301 of such title 5,and the Department shall comply with the publicnotice requirements of section 3327 of such title 5:Provided further, That for the purpose of facilitatingthe development of regional transmission plans, theOffice of Electricity Delivery and Energy Reliabilitywithin the Department of Energy is provided$80,000,000 within the available funds to conduct aresource assessment and an analysis of futuredemand and transmission requirements afterconsultation with the Federal Energy RegulatoryCommission: Provided further, That the Office of

Electricity Delivery and Energy Reliability incoordination with the Federal Energy RegulatoryCommission will provide technical assistance to theNorth American Electric Reliability Corporation, theregional reliability entities, the States, and othertransmission owners and operators for the formationof interconnection-based transmission plans for theEastern and Western Interconnections and ERCOT:Provided further, That such assistance may includemodeling, support to regions and States for thedevelopment of coordinated State electricity policies,programs, laws, and regulations: Provided further,That $10,000,000 is provided to implement section

1305 of Public Law 110140: Provided further, Thatthe Secretary of Energy may use or transfer amountsprovided under this heading to carry out newauthority for transmission improvements, if suchauthority is enacted in any subsequent Act,consistent with existing fiscal management practicesand procedures.

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For an additional amount for Fossil EnergyResearch and Development, $3,400,000,000.

NON -DEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for Non-DefenseEnvironmental Cleanup, $483,000,000.

URANIUM ENRICHMENT DECONTAMINATION ANDDECOMMISSIONING FUN D

For an additional amount for UraniumEnrichment Decontamination and DecommissioningFund, $390,000,000, of which $70,000,000 shall beavailable in accordance with title X, subtitle A of theEnergy Policy Act of 1992.


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SCIENCE

For an additional amount for Science, $1,600,000,000.

ADVANCED RESEARCH PROJECTSAGENCYENERGY

For the Advanced Research ProjectsAgencyEnergy, $400,000,000, as authorized under

section 5012 of the America COMPETES Act (42 U.S.C.16538).

TITLE 17INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

For an additional amount for the cost ofguaranteed loans authorized by section 1705 of theEnergy Policy Act of 2005, $6,000,000,000, availableuntil expended, to pay the costs of guarantees madeunder this section: Provided, That of the amountprovided for title XVII, $25,000,000 shall be used foradministrative expenses in carrying out theguaranteed loan program: Provided further, That of

the amounts provided for title XVII, $10,000,000 shallbe transferred to and available for administrativeexpenses for the Advanced Technology VehiclesManufacturing Loan Program.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of theInspector General in carrying out the provisions of theInspector General Act of 1978, as amended,$15,000,000, to remain available until September 30,2012.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIESDEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for DefenseEnvironmental Cleanup, $5,127,000,000.

CONSTRUCTION, REHABILITATION , OPERATION, ANDMAIN TENA NC E, WESTERNAREA POWERADMINISTRATION

For carrying out the functions authorized by titleIII, section 302(a)(1)(E) of the Act of August 4, 1977 (42U.S.C. 7152), and other related activities includingconservation and renewable resources programs as

authorized, $10,000,000, to remain available untilexpended: Provided, That the Administrator shallestablish such personnel staffing levels as he deemsnecessary to economically and efficiently complete theactivities pursued under the authority granted bysection 402 of this Act: Provided further, That thisappropriation is non-reimbursable.

GENERAL PROVISIONSTHIS TITLE

SEC . 401. BONNEVILLE POWERADMINISTRATIONBORROWINGAUTHORITY. For the purposes of providingfunds to assist in financing the construction,


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acquisition, and replacement of the transmissionsystem of the Bonneville Power Administration andto implement the authority of the Administrator ofthe Bonneville Power Administration under thePacific Northwest Electric Power Planning andConservation Act (16 U.S.C. 839 et seq.), anadditional $3,250,000,000 in borrowing authority ismade available under the Federal Columbia RiverTransmission System Act (16 U.S.C. 838 et seq.), toremain outstanding at any time. SEC . 402. WESTERNAREA POWERADMINISTRATION BORROWINGAUTHORITY.The Hoover Power Plant Act of 1984 (Public Law 98381) is amended by adding at the end the following:

TITLE IIIBORROWING AUTHORITY

SEC. 3 0 1. W ESTERN AREA POW ER ADM INISTRATION BO RROW ING

AU THO RIT Y.

(a) DEFINITIONS.In this section:

(1) ADMINISTRATOR .The termAdministrator means the Administrator of theWestern Area Power Administration.

(2) SECRETARY.The term Secretarymeans the Secretary of the Treasury.(b) AUTHORITY.

(1) IN GENERAL.Notwithstanding anyother provision of law, subject to paragraphs (2)through (5)

(A) the Western Area PowerAdministration may borrow funds from theTreasury; and

(B) the Secretary shall, without further

appropriation and without fiscal yearlimitation, loan to the Western Area PowerAdministration, on such terms as may befixed by the Administrator and theSecretary, such sums (not to exceed, in theaggregate (including deferred interest),$3,250,000,000 in outstanding repayablebalances at any one time) as, in the judgmentof the Administrator, are from time to timerequired for the purpose of

(i) constructing, financing,facilitating, planning, operating,maintaining, or studying constructionof new or upgraded electric powertransmission lines and related facilitieswith at least one terminus within thearea served by the Western Area PowerAdministration; and

(ii) delivering or facilitating thedelivery of power generated byrenewable energy resources constructedor reasonably expected to be constructedafter the date of enactment of thissection.

(2) INTEREST.The rate of interest to be

charged in connection with any loan made


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ancillary services to users of transmission facili-ties developed under this section.

(5) TREATMENT OF CERTAINREVENUES.Revenue from ancillary servicesprovided by existing Federal power systems tousers of transmission projects funded pursuantto this section shall be treated as revenue to theexisting power system that provided theancillary services. (d) CERTIFICATION.

(1) IN GENERAL.For each project in whichthe Western Area Power Administrationparticipates pursuant to this section, theAdministrator shall certify, prior to committingfunds for any such project, that

(A) the project is in the public interest;(B) the project will not adversely

impact system reliability or operations, orother statutory obligations; and (C) it isreasonable to expect that the proceeds from

the project shall be adequate to makerepayment of the loan.(2) FORGIVENESS OF BALANCES.

(A) IN GENERAL.If, at the end of theuseful life of a project, there is a remainingbalance owed to the Treasury under thissection, the balance shall be forgiven.

(B) UNCONSTRUCTED PROJECTS.Fundsexpended to study projects that areconsidered pursuant to this section but thatare not constructed shall be forgiven.

(C) NOTIFICATION.The Administratorshall notify the Secretary of such amounts as

are to be forgiven under this paragraph.(e) PUBLIC PROCESSES.

(1) POLICIES AND PRACTICES.Prior torequesting any loans under this section, theAdministrator shall use a public process todevelop practices and policies that implementthe authority granted by this section.

(2) REQUESTS FOR INTEREST.In the course ofselecting potential projects to be funded under thissection, the Administrator shall seek Requests For

Interest from entities interested in identifyingpotential projects through one or more notices

published in the Federal Register. SEC . 403.

SET-AS IDE FOR MAN AG EM EN T A ND OVE RSIGHT . Up to 0.5percent of each amount appropriated in this title may

be used for the expenses of management andoversight of the programs, grants, and activities

funded by such appropriation, and may betransferred by the head of the Federal department or

agency involved to any other appropriate accountwithin the department or agency for that purpose:

Provided, That the Secretary will provide a report tothe Committees on Appropriations of the House of

Representatives and the Senate 30 days prior to thetransfer: Provided further, That funds set aside

under this section shall remain available for


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obligation until September 30, 2012.SEC . 404. TECHNICAL CORRECTIONS TO THE ENERGY

INDEPENDENCE AND SECURITYACT OF 2007. (a) Section543(a) of the Energy Independence and Security Actof 2007 (42 U.S.C. 17153(a)) is amended

(1) by redesignating paragraphs (2) through(4) as paragraphs (3) through (5), respectively;and

(2) by striking paragraph (1) and insertingthe following: (1) 34 percent to eligible units oflocal governmentalternative 1, in accordancewith subsection (b);

(2) 34 percent to eligible units of localgovernmentalternative 2, in accordance withsubsection (b);.

(b) Section 543(b) of the Energy Independence andSecurity Act of 2007 (42 U.S.C. 17153(b)) is amendedby striking subsection (a)(1) and insertingsubsection (a)(1) or (2).

(c) Section 548(a)(1) of the Energy Independenceand Security Act of 2007 (42 U.S.C. 17158(a)(1)) isamending by striking ; provided and all that followsthrough 541(3)(B).

SEC . 405. AMENDMENTS TO TITLE XIII OF THEENERGY INDEPENDENCE AND SECURITYACT OF 2007.Title XIII of the Energy Independence and SecurityAct of 2007 (42 U.S.C. 17381 and following) isamended as follows:

(1) By amending subparagraph (A) ofsection 1304(b)(3) to read as follows:

(A) IN GENERAL.In carrying out theinitiative, the Secretary shall provide

financial support to smart griddemonstration projects in urban, suburban,tribal, and rural areas, including areaswhere electric system assets are controlledby nonprofit entities and areas where electricsystem assets are controlled byinvestor-owned utilities..(2) By amending subparagraph (C) of

section 1304(b)(3) to read as follows:(C) FEDERAL SHARE OF COST OF

TECHNOLOGY INVESTMENTS.The Secretaryshall provide to an electric utility describedin subparagraph (B) or to other parties

financial assistance for use in paying anamount equal to not more than 50 percentof the cost of qualifying advanced gridtechnology investments made by the electricutility or other party to carry out ademonstration project.. (3)By inserting after section 1304(b)(3)(D) the

following new subparagraphs:(E) AVAILA BILITY OF DATA.The

Secretary shall establish and maintain asmart grid information clearinghouse in atimely manner which will make data fromsmart grid demonstration projects and


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other sources available to the public. As acondition of receiving financial assistanceunder this subsection, a utility or otherparticipant in a smart grid demonstrationproject shall provide such information asthe Secretary may require to become avail-able through the smart grid informationclearinghouse in the form and within thetimeframes as directed by the Secretary.The Secretary shall assure that businessproprietary information and individualcustomer information is not included in theinformation made available through theclearinghouse.

( F ) O P E N P R O T O C O L S A N DSTANDARDS.The Secretary shall require asa condition of receiving funding under thissubsection that demonstration projects utilizeopen protocols and standards (including

Internet-based protocols and standards) ifavailable and appropriate..(4) By amending paragraph (2) of section

1304(c) to read as follows:(2) to carry out subsection (b), such sums

as may be necessary. .(5) By amending subsection (a) of section 1306

by striking reimbursement of one-fifth (20percent) and inserting grants of up to one-half(50 percent).

(6) By striking the last sentence ofsubsection (b)(9) of section 1306.

(7) By striking are eligible for in

subsection (c)(1) of section 1306 and insertingutilize.

(8) By amending subsection (e) of section1306 to read as follows:

(e) PROCEDURES AND RULES.(1) The Secretaryshall, within 60 days after the enactment of theAmerican Recovery and Reinvestment Act of 2009, bymeans of a notice of intent and subsequentsolicitation of grant proposals

(A) establish procedures by whichapplicants can obtain grants of not more thanone-half of their documented costs;

(B) require as a condition of receiving

funding under this subsection thatdemonstration projects utilize open protocolsand standards (including Internet-basedprotocols and standards) if available andappropriate;

(C) establish procedures to ensure thatthere is no duplication or multiple payment forthe same investment or costs, that the grantgoes to the party making the actualexpenditures for the qualifying Smart Gridinvestments, and that the grants made have asignificant effect in encouraging and facilitatingthe development of a smart grid;


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(D) establish procedures to ensure there willbe public records of grants made, recipients, andqualifying Smart Grid investments which havereceived grants; and

(E) establish procedures to provide advancepayment of moneys up to the full amount of thegrant award.

(2) The Secretary shall have discretion andexercise reasonable judgment to deny grants forinvestments that do not qualify.. SEC . 406.

RENEWABLE ENERGY AND ELECTRIC POWER TRANS-MISSION LOAN GUARANTEE PROGRAM. (a)AMENDMENT.Title XVII of the Energy Policy Act of2005 (42 U.S.C. 16511 et seq.) is amended by addingthe following at the end:

SEC. 1 7 05 . TEM PORARY PROGRAM FOR RAPID DEPLOYM EN T OF

RENEW ABLE ENERGY AND ELECTRIC

POW ER TRANSM ISSION PROJ ECTS.

(a) IN GENERAL.Notwithstanding section 1703,

the Secretary may make guarantees under this sectiononly for the following categories of projects thatcommence construction not later than September 30,2011:

(1) Renewable energy systems, includingincremental hydropower, that generate electricityor thermal energy, and facilities thatmanufacture related components.

(2) Electric power transmission systems,including upgrading and reconductoringprojects.

(3) Leading edge biofuel projects that will

use technologies performing at the pilot ordemonstration scale that the Secretarydetermines are likely to become commercialtechnologies and will produce transportationfuels that substantially reduce life-cyclegreenhouse gas emissions compared to othertransportation fuels.

(b) FACTO RS RELATING TO ELECTRIC POWERTRANSMISSION SYS TEMS .In determining to makeguarantees to projects described in subsection (a)(2),the Secretary may consider the following factors:

(1) The viability of the project without guarantees.(2) The availability of other Federal and

State incentives. (3) The importance of theproject in meeting reliability needs.(4) The effect of the project in meeting a

State or regions environment (includingclimate change) and energy goals.

(c) WAG E RATE REQUIREMENTS.The Secretaryshall require that each recipient of support underthis section provide reasonable assurance that alllaborers and mechanics employed in the performanceof the project for which the assistance is provided,including those employed by contractors orsubcontractors, will be paid wages at rates not lessthan those prevailing on similar work in the locality


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as determined by the Secretary of Labor inaccordance with subchapter IV of chapter 31 of partA of subtitle II of title 40, United States Code(commonly referred to as the Davis-Bacon Act).

(d) LIMITATION.Funding under this section forprojects described in subsection (a)(3) shall notexceed $500,000,000.

(e) SUNSET.The authority to enter intoguarantees under this section shall expire onSeptember 30, 2011..

(b) TABLE OF CONTENTSAMENDMENT.The table ofcontents for the Energy Policy Act of 2005 is amendedby inserting after the item relating to section 1704 thefollowing new item:

Sec. 1705. Temporary program for rapid deployment of renewable

energy and electric power transmission projects..

SEC . 407. WEATHERIZATIONASSISTANCE PROGRAMAMENDMENTS. (a) INCOME LEVEL.Section 412(7) ofthe Energy Conservation and Production Act (42

U.S.C. 6862(7)) is amended by striking 150 percentboth places it appears and inserting 200 percent. (b)ASSISTANCE LEVEL PER DWELLING UNIT.Section

415(c)(1) of the Energy Conservation and ProductionAct (42 U.S.C. 6865(c)(1)) is amended by striking$2,500 and inserting $6,500.

(c) EFFECTIVE USE OF FUNDS.In providing fundsmade available by this Act for the WeatherizationAssistance Program, the Secretary may encourageStates to give priority to using such funds for themost cost-effective efficiency activities, which mayinclude insulation of attics, if, in the Secretarys view,such use of funds would increase the effectiveness of

the program.(d) TRAINING AND TECHNICALASSISTANCE.Section

416 of the Energy Conservation and Production Act (42U.S.C. 6866) is amended by striking 10 percent andinserting up to 20 percent.

(e) ASSISTANCE FOR PREVIOUSLY WEATHERIZEDDWELLING UNITS.Section 415(c)(2) of the EnergyConservation and Production Act (42 U.S.C.6865(c)(2)) is amended by striking September 30,1979 and inserting September 30, 1994.

SEC . 408. TECHNICAL CORRECTIONS TO PUBLICUTILITY REGULATORY POLICIESACT OF 1978. (a) Section111(d) of the Public Utility Regulatory Policies Act of

1978 (16 U.S.C. 2621(d)) is amended byredesignating paragraph (16) relating toconsideration of smart grid investments (added bysection 1307(a) of Public Law 110140) as paragraph(18) and by redesignating paragraph (17) relating tosmart grid information (added by section 1308(a) ofPublic Law 110140) as paragraph (19).

(b) Subsections (b) and (d) of section 112 of thePublic Utility Regulatory Policies Act of 1978 (16U.S.C. 2622) are each amended by striking (17)through (18) in each place it appears and inserting(16) through (19).

SEC . 409. RENEWABLE ELECTRICITY TRANSMISSION


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STUDY. In completing the 2009 National ElectricTransmission Congestion Study, the Secretary ofEnergy shall include

(1) an analysis of the significant potentialsources of renewable energy that areconstrained in accessing appropriate marketareas by lack of adequate transmission capacity;

(2) an analysis of the reasons for failure todevelop the adequate transmission capacity;

(3) recommendations for achieving adequatetransmission capacity;

(4) an analysis of the extent to which legalchallenges filed at the State and Federal levelare delaying the construction of transmissionnecessary to access renewable energy; and

(5) an explanation of assumptions andprojections made in the Study, including

(A) assumptions and projections

relating to energy efficiency improvementsin each load center;(B) assumptions and projections

regarding the location and type of projectednew generation capacity; and

(C) assumptions and projectionsregarding projected deployment ofdistributed generation infrastructure.

SEC . 410. ADDITIONAL STATE ENERGY GRANTS. (a)IN GENERAL.Amounts appropriated under theheading Department of EnergyEnergyProgramsEnergy Efficiency and RenewableEnergy in this title shall be available to the

Secretary of Energy for making additional grantsunder part D of title III of the Energy Policy andConservation Act (42 U.S.C. 6321 et seq.). TheSecretary shall make grants under this section inexcess of the base allocation established for a Stateunder regulations issued pursuant to theauthorization provided in section 365(f) of such Actonly if the governor of the recipient State notifies theSecretary of Energy in writing that the governor hasobtained necessary assurances that each of thefollowing will oc

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