HR 1 EAS
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In the Senate of the United States,
/*
/
February 10, 2009.
/
/ Resolved, /That the bill from the House of Representatives (H.R. 1)
entitled `An Act making supplemental appropriations for job preservation
and creation, infrastructure investment, energy efficiency and science,
assistance to the unemployed, and State and local fiscal stabilization,
for the fiscal year ending September 30, 2009, and for other purposes.',
do pass with the following
/AMENDMENT:/
Strike out all after the enacting clause and insert the following:
/SECTION 1. SHORT TITLE./
/ This Act may be cited as the `American Recovery and Reinvestment
Act of 2009'./
/SEC. 2. TABLE OF CONTENTS./
/ The table of contents for this Act is as follows:/
/DIVISION A--APPROPRIATIONS PROVISIONS/
/TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES/
/TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES/
/TITLE III--DEPARTMENT OF DEFENSE/
/TITLE IV--ENERGY AND WATER DEVELOPMENT/
/TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT/
/TITLE VI--DEPARTMENT OF HOMELAND SECURITY/
/TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES/
/TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES/
/TITLE IX--LEGISLATIVE BRANCH/
/TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND
RELATED AGENCIES/
/TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS/
/TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES/
/TITLE XIII--HEALTH INFORMATION TECHNOLOGY/
/TITLE XIV--STATE FISCAL STABILIZATION/
/TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
AND RECOVERY INDEPENDENT ADVISORY PANEL/
/TITLE XVI--GENERAL PROVISIONS--THIS ACT/
/DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND
OTHER PROVISIONS/
/TITLE I--TAX PROVISIONS/
/TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING
FAMILIES/
/TITLE III--HEALTH INSURANCE ASSISTANCE/
/TITLE IV--HEALTH INFORMATION TECHNOLOGY/
/TITLE V--STATE FISCAL RELIEF/
/SEC. 3. REFERENCES./
/ Except as expressly provided otherwise, any reference to `this
Act' contained in any division of this Act shall be treated as
referring only to the provisions of that division./
/DIVISION A--APPROPRIATIONS PROVISIONS/
/ That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, and for other purposes, namely:/
/TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES/
/DEPARTMENT OF AGRICULTURE/
/Office of the Secretary/
/(including transfers of funds)/
/ For an additional amount for the `Office of the Secretary',
$200,000,000, to remain available until September 30, 2010:
/Provided,/ That the Secretary may transfer these funds to
agencies of the Department, other than the Forest Service, for
necessary replacement, modernization, or upgrades of laboratories
or other facilities to improve workplace safety and mission-area
efficiencies as deemed appropriate by the Secretary: /Provided
further,/ that the Secretary shall provide to the Committees on
Appropriations of the House and Senate a plan on the allocation of
these funds no later than 60 days after the date of enactment of
this Act./
/office of inspector general/
/ For an additional amount for `Office of Inspector General',
$5,000,000, to remain available until September 30, 2011, for
oversight and audit of programs, grants, and activities funded
under this title and an additional $17,500,000 for such purposes,
to remain available until September 30, 2011./
/Cooperative State Research, Education and Economic Service/
/research and education activities/
/ For an additional amount for competitive grants authorized at 7
U.S.C. 450(i)(b), $50,000,000, to remain available until September
30, 2010./
/Farm Service Agency/
/agricultural credit insurance fund program account/
/ For an additional amount for gross obligations for the principal
amount of direct and guaranteed farm ownership (7 U.S.C 1922 et
seq.) and operating (7 U.S.C. 1941 et seq.) loans, to be available
from funds in the Agricultural Credit Insurance Fund Program
Account, as follows: farm ownership loans, $400,000,000 of which
$100,000,000 shall be for unsubsidized guaranteed loans and
$300,000,000 shall be for direct loans; and operating loans,
$250,000,000 of which $50,000,000 shall be for unsubsidized
guaranteed loans and $200,000,000 shall be for direct loans./
/ For an additional amount for the cost of direct and guaranteed
loans, including the cost of modifying loans, as defined in
section 502 of the Congressional Budget Act of 1974, to remain
available until September 30, 2010, as follows: farm ownership
loans, $17,530,000 of which $330,000 shall be for unsubsidized
guaranteed loans and $17,200,000 shall be for direct loans; and
operating loans, $24,900,000 of which $1,300,000 shall be for
unsubsidized guaranteed loans and $23,600,000 shall be for direct
loans./
/ Funds appropriated by this Act to the Agricultural Credit
Insurance Fund Program Account for farm ownership, operating, and
emergency direct loans and unsubsidized guaranteed loans may be
transferred among these programs: /Provided,/ That the Committees
on Appropriations of both Houses of Congress are notified at least
15 days in advance of any transfer./
/Natural Resources Conservation Service/
/watershed and flood prevention operations/
/ For an additional amount for `Watershed and Flood Prevention
Operations', $275,000,000, to remain available until September 30,
2010./
/watershed rehabilitation program/
/ For an additional amount for the `Watershed Rehabilitation
Program', $65,000,000, to remain available until September 30, 2010./
/rural development salaries and expenses/
/ For an additional amount for `Rural Development, Salaries and
Expenses', $80,000,000, to remain available until September 30, 2010./
/Rural Housing Service/
/rural housing insurance program account/
/ For an additional amount for gross obligations for the principal
amount of direct and guaranteed loans as authorized by title V of
the Housing Act of 1949, to be available from funds in the Rural
Housing Insurance Fund Program Account, as follows: $1,000,000,000
for section 502 direct loans; and $10,472,000,000 for section 502
unsubsidized guaranteed loans./
/ For an additional amount for the cost of direct and guaranteed
loans, including the cost of modifying loans, as defined in
section 502 of the Congressional Budget Act of 1974, to remain
available until September 30, 2010, as follows: $67,000,000 for
section 502 direct loans; and $133,000,000 for section 502
unsubsidized guaranteed loans./
/rural community facilities program account/
/ For an additional amount for the cost of direct loans, loan
guarantees, and grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of
the Consolidated Farm and Rural Development Act, $127,000,000, to
remain available until September 30, 2010./
/Rural Business--cooperative Service/
/rural business program account/
/ For an additional amount for the cost of guaranteed loans and
grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932),
$150,000,000, to remain available until September 30, 2010./
/biorefinery assistance/
/ For the cost of loan guarantees and grants, as authorized by
section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103), $200,000,000, to remain available until September
30, 2010./
/rural energy for america program/
/ For an additional amount for the cost of loan guarantees and
grants, as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $50,000,000, to
remain available until September 30, 2010: /Provided,/ That these
funds may be used by tribes, local units of government, and
schools in rural areas, as defined in section 343(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))./
/Rural Utilities Service/
/rural water and waste disposal program account/
/ For an additional amount for the cost of direct loans, loan
guarantees, and grants for the rural water, waste water, waste
disposal, and solid waste management programs authorized by
sections 306, 306A, 306C, 306D, and 310B and described in sections
306C(a)(2), 306D, and 381E(d)(2) of the Consolidated Farm and
Rural Development Act, $1,375,000,000, to remain available until
September 30, 2010./
/distance learning, telemedicine, and broadband program account/
/ For an additional amount for direct loans and grants for
distance learning and telemedicine services in rural areas, as
authorized by 7 U.S.C. 950aaa, et seq., $100,000,000, to remain
available until September 30, 2010./
/Food and Nutrition Service/
/child nutrition programs/
/ For additional amount for the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et. seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.), except
sections 17 and 21, $100,000,000, to remain available until
September 30, 2010, to carry out a grant program for National
School Lunch Program equipment assistance: /Provided,/ That such
funds shall be provided to States administering a school lunch
program through a formula based on the ratio that the total number
of lunches served in the Program during the second preceding
fiscal year bears to the total number of such lunches served in
all States in such second preceding fiscal year: /Provided
further,/ That of such funds, the Secretary may approve the
reserve by States of up to $20,000,000 for necessary enhancements
to the State Distributing Agency's commodity ordering and
management system to achieve compatibility with the Department's
web-based supply chain management system: /Provided further,/ That
of the funds remaining, the State shall provide competitive grants
to school food authorities based upon the need for equipment
assistance in participating schools with priority given to schools
in which not less than 50 percent of the students are eligible for
free or reduced price meals under the Richard B. Russell National
School Lunch Act and priority given to schools purchasing
equipment for the purpose of offering more healthful foods and
meals, in accordance with standards established by the Secretary./
/special supplemental nutrition program for women, infants, and
children (wic)/
/ For an additional amount for the special supplemental nutrition
program as authorized by section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786), to remain available until September 30,
2010, $500,000,000, of which $380,000,000 shall be placed in
reserve to be allocated as the Secretary deems necessary,
notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget
estimates, and of which $120,000,000 shall be for the purposes
specified in section 17(h)(10)(B)(ii): /Provided,/ That up to one
percent of the funding provided for the purposes specified in
section 17(h)(10)(B)(ii) may be reserved by the Secretary for
Federal administrative activities in support of those purposes./
/commodity assistance program/
/ For an additional amount for the `Commodity Assistance Program',
to remain available until September 30, 2010, $150,000,000, which
the Secretary shall use to purchase a variety of commodities as
authorized by the Commodity Credit Corporation or under section 32
of the Act entitled `An Act to amend the Agricultural Adjustment
Act, and for other purposes', approved August 24, 1935 (7 U.S.C.
612c): /Provided,/ That the Secretary shall distribute the
commodities to States for distribution in accordance with section
214 of the Emergency Food Assistance Act of 1983 (Public Law 98-8;
7 U.S.C. 612c note): /Provided further,/ That of the funds made
available, the Secretary may use up to $50,000,000 for costs
associated with the distribution of commodities./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 101. Funds appropriated by this Act and made available to
the United States Department of Agriculture for broadband direct
loans and loan guarantees, as authorized under title VI of the
Rural Electrification Act of 1936 (7 U.S.C. 950bb) and for grants,
shall be available for broadband infrastructure in any area of the
United States notwithstanding title VI of the Rural
Electrification Act of 1936: /Provided,/ That at least 75 percent
of the area served by the projects receiving funds from such
grants, loans, or loan guarantees is in a rural area without
sufficient access to high speed broadband service to facilitate
rural economic development, as determined by the Secretary:
/Provided further,/ That priority for awarding funds made
available under this paragraph shall be given to projects that
provide service to the highest proportion of rural residents that
do not have sufficient access to broadband service: /Provided
further,/ That priority for awarding such funds shall be given to
project applications that demonstrate that, if the application is
approved, all project elements will be fully funded: /Provided
further,/ That priority for awarding such funds shall be given to
activities that can commence promptly following approval:
/Provided further,/ That the Department shall submit a report on
planned spending and actual obligations describing the use of
these funds not later than 90 days after the date of enactment of
this Act, and quarterly thereafter until all funds are obligated,
to the Committees on Appropriations of the House of
Representatives and the Senate./
/ Sec. 102. Nutrition for Economic Recovery./
/ (a) Maximum Benefit Increases- /
/ (1) ECONOMIC RECOVERY 1-MONTH BEGINNING STIMULUS PAYMENT-
For the first month that begins not less than 25 days after
the date of enactment of this Act, the Secretary of
Agriculture (referred to in this section as the `Secretary')
shall increase the cost of the thrifty food plan for
purposes of section 8(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2017(a)) by 85 percent./
/ (2) REMAINDER OF FISCAL YEAR 2009- Beginning with the
second month that begins not less than 25 days after the
date of enactment of this Act, and for each subsequent month
through the month ending September 30, 2009, the Secretary
shall increase the cost of the thrifty food plan for
purposes of section 8(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2017(a)) by 12 percent./
/ (3) SUBSEQUENT INCREASE FOR FISCAL YEAR 2010- Beginning on
October 1, 2009, and for each subsequent month through the
month ending September 30, 2010, the Secretary shall
increase the cost of the thrifty food plan for purposes of
section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(a)) by an amount equal to 12 percent, less the
percentage by which the Secretary determines the thrifty
food plan would otherwise be adjusted on October 1, 2009, as
required under section 3(u) of that Act (7 U.S.C. 2012(u)),
if the percentage is less than 12 percent./
/ (4) SUBSEQUENT INCREASE FOR FISCAL YEAR 2011- Beginning on
October 1, 2010, and for each subsequent month through the
month ending September 30, 2011, the Secretary shall
increase the cost of the thrifty food plan for purposes of
section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(a)) by an amount equal to 12 percent, less the sum of
the percentages by which the Secretary determines the
thrifty food plan would otherwise be adjusted on October 1,
2009 and October 1, 2010, as required under section 3(u) of
that Act (7 U.S.C. 2012(u)), if the sum of such percentages
is less than 12 percent./
/ (5) TERMINATION OF EFFECTIVENESS- Effective beginning
October 1, 2011, the authority provided by this subsection
terminates and has no effect./
/ (b) Administration- In carrying out this section, the Secretary
shall--/
/ (1) consider the benefit increases described in subsection
(a) to be a mass change;/
/ (2) require a simple process for States to notify
households of the changes in benefits;/
/ (3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors
in the implementation of this section, without regard to the
120-day limit described in section 16(c)(3)(A) of that Act;/
/ (4) disregard the additional amount of benefits that a
household receives as a result of this section in
determining the amount of overissuances under section 13 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2022) and the
hours of participation in a program under section 6(d), 20,
or 26 of that Act (7 U.S.C. 2015(d), 2029, 2035); and/
/ (5) set the tolerance level for excluding small errors for
the purposes of section 16(c) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(c)) at $50 for the period that the
benefit increase under subsection (a) is in effect./
/ (c) Administrative Expenses- /
/ (1) IN GENERAL- For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) (referred to in this section as the
`supplemental nutrition assistance program') during a period
of rising program caseloads, and for the expenses of the
Secretary under paragraph (6), the Secretary shall make
available $150,000,000 for each of fiscal years 2009 and
2010, to remain available through September 30, 2010./
/ (2) TIMING FOR FISCAL YEAR 2009- Not later than 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) ALLOCATION OF FUNDS- Except as provided in paragraph
(6), funds described in paragraph (1) shall be made
available to States that meet the requirements of paragraph
(5) as grants to State agencies for each fiscal year as
follows:/
/ (A) 75 percent of the amounts available for each
fiscal year shall be allocated to States based on the
share of each State of households that participate in
the supplemental nutrition assistance program as
reported to the Department of Agriculture for the most
recent 12-month period for which data are available,
adjusted by the Secretary (in the discretion of the
Secretary) for participation in disaster programs
under section 5(h) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(h)); and/
/ (B) 25 percent of the amounts available for each
fiscal year shall be allocated to States based on the
increase in the number of households that participate
in the supplemental nutrition assistance program as
reported to the Department of Agriculture over the
most recent 12-month period for which data are
available, adjusted by the Secretary (in the
discretion of the Secretary) for participation in
disaster programs under section 5(h) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(h))./
/ (4) REDISTRIBUTION- The Secretary shall determine an
appropriate procedure for redistribution of amounts
allocated to States that would otherwise be provided
allocations under paragraph (3) for a fiscal year but that
do not meet the requirements of paragraph (5)./
/ (5) MAINTENANCE OF EFFORT- /
/ (A) DEFINITION OF SPECIFIED STATE ADMINISTRATIVE
COSTS- In this paragraph:/
/ (i) IN GENERAL- The term `specified State
administrative costs' includes all State
administrative costs under the supplemental
nutrition assistance program./
/ (ii) EXCLUSIONS- The term `specified State
administrative costs' does not include--/
/ (I) the costs of employment and training
programs under section 6(d), 20, or 26 of
the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d), 2029, 2035);/
/ (II) the costs of nutrition education
under section 11(f) of that Act (7 U.S.C.
2020(f)); and/
/ (III) any other costs the Secretary
determines should be excluded./
/ (B) REQUIREMENT- The Secretary shall make funds
under this subsection available only to States that,
as determined by the Secretary, maintain State
expenditures on specified State administrative costs./
/ (6) MONITORING AND EVALUATION- Of the amounts made
available under paragraph (1), the Secretary may retain up
to $5,000,000 for the costs incurred by the Secretary in
monitoring the integrity and evaluating the effects of the
payments made under this section./
/ (d) Food Distribution Program on Indian Reservations- For the
costs of administrative expenses associated with the food
distribution program on Indian reservations established under
section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)), the Secretary shall make available $5,000,000, to remain
available until September 30, 2010./
/ (e) Consolidated Block Grants for Puerto Rico and American Samoa- /
/ (1) FISCAL YEAR 2009- /
/ (A) IN GENERAL- For fiscal year 2009, the Secretary
shall increase by 12 percent the amount available for
nutrition assistance for eligible households under the
consolidated block grants for the Commonwealth of
Puerto Rico and American Samoa under section 19 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2028)./
/ (B) AVAILABILITY OF FUNDS- Funds made available
under subparagraph (A) shall remain available through
September 30, 2010./
/ (2) FISCAL YEAR 2010- For fiscal year 2010, the Secretary
shall increase the amount available for nutrition assistance
for eligible households under the consolidated block grants
for the Commonwealth of Puerto Rico and American Samoa under
section 19 of the Food and Nutrition Act of 2008 (7 U.S.C.
2028) by 12 percent, less the percentage by which the
Secretary determines the consolidated block grants would
otherwise be adjusted on October 1, 2009, as required by
section 19(a)(2)(A)(ii) of that Act (7 U.S.C.
2028(a)(2)(A)(ii)), if the percentage is less than 12 percent./
/ (3) FISCAL YEAR 2011- For fiscal year 2011, the Secretary
shall increase the amount available for nutrition assistance
for eligible households under the consolidated block grants
for the Commonwealth of Puerto Rico and American Samoa under
section 19 of the Food and Nutrition Act of 2008 (7 U.S.C.
2028) by 12 percent, less the sum of the percentages by
which the Secretary determines the consolidated block grants
would otherwise be adjusted on October 1, 2009, and October
1, 2010, as required by section 19(a)(2)(A)(ii) of that Act
(7 U.S.C. 2028(a)(2)(A)(ii)), if the sum of the percentages
is less than 12 percent./
/ (f) Treatment of Jobless Workers- /
/ (1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR
2011- 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, 2011,
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./
/ (2) FISCAL YEAR 2012 AND THEREAFTER- Beginning on October
1, 2011, for the purposes of section 6(o) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency
shall disregard any period during which an individual
received benefits under the supplemental nutrition
assistance program prior to October 1, 2011./
/ (g) Funding- There are appropriated to the Secretary out of
funds of the Treasury not otherwise appropriated such sums as are
necessary to carry out this section./
/ Sec. 103. Agricultural Disaster Assistance Transition. (a)
Federal Crop Insurance Act- Section 531(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) 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 the appropriate fee described in
paragraph (4)(A) not later than 90 days after
the date of enactment of this paragraph; and/
/ `(ii)(I) in the case of each insurable
commodity of the eligible producers on the farm,
excluding grazing land, agree to obtain a policy
or plan of insurance under subtitle A (excluding
a crop insurance pilot program under that
subtitle) 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 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,
agree to file the required paperwork, and pay
the administrative fee by the applicable State
filing deadline, for the noninsured crop
assistance program for the 2009 crop year./
/ `(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 yield under that
program, the Secretary shall use a percentage
that is 70 percent./
/ `(C) EQUITABLE RELIEF- Except as provided in
subparagraph (D), eligible producers on a farm that
met the requirements of paragraph (1) before the
deadline described in paragraph (4)(A) and received,
or are eligible to receive, a disaster assistance
payment under this section for a production loss
during the 2008 crop year shall be eligible to receive
an additional amount equal to the greater of--/
/ `(i) the amount that would have been
calculated under subparagraph (B) if the
eligible producers on the farm had paid the
appropriate fee under that subparagraph; or/
/ `(ii) the amount that would have been
calculated under subparagraph (A) of subsection
(b)(3) if--/
/ `(I) in clause (i) of that subparagraph,
`120 percent' is substituted for `115
percent'; and/
/ `(II) in clause (ii) of that
subparagraph, `125' is substituted for
`120 percent'./
/ `(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./
/ `(E) AUTHORITY OF THE SECRETARY- The Secretary may
provide such additional assistance as the Secretary
considers appropriate to provide equitable treatment
for eligible producers on a farm that suffered
production losses in the 2008 crop year that result in
multiyear production losses, as determined by the
Secretary./
/ `(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; and/
/ `(ii) as determined by the Secretary--/
/ `(I)(aa) except as provided in item
(bb), lack access to a policy or plan of
insurance under subtitle A; or/
/ `(bb) do not qualify for a written
agreement because 1 or more farming
practices, which the Secretary has
determined are good farming practices, of
the eligible producers on the farm differ
significantly from the farming practices
used by producers of the same crop in
other regions of the United States; and/
/ `(II) are not eligible for the
noninsured crop disaster assistance
program established by section 196 of the
Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).'./
/ (b) Trade Act of 1974- Section 901(g) of the Trade Act of 1974
(19 U.S.C. 2497(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) 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 the appropriate fee described in
paragraph (4)(A) not later than 90 days after
the date of enactment of this paragraph; and/
/ `(ii)(I) in the case of each insurable
commodity of the eligible producers on the farm,
excluding grazing land, agree to obtain a policy
or plan of insurance under the Federal Crop
Insurance Act (7 U.S.C. 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 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,
agree to file the required paperwork, and pay
the administrative fee by the applicable State
filing deadline, for the noninsured crop
assistance program for the 2009 crop year./
/ `(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 yield under that
program, the Secretary shall use a percentage
that is 70 percent./
/ `(C) EQUITABLE RELIEF- Except as provided in
subparagraph (D), eligible producers on a farm that
met the requirements of paragraph (1) before the
deadline described in paragraph (4)(A) and received,
or are eligible to receive, a disaster assistance
payment under this section for a production loss
during the 2008 crop year shall be eligible to receive
an additional amount equal to the greater of--/
/ `(i) the amount that would have been
calculated under subparagraph (B) if the
eligible producers on the farm had paid the
appropriate fee under that subparagraph; or/
/ `(ii) the amount that would have been
calculated under subparagraph (A) of subsection
(b)(3) if--/
/ `(I) in clause (i) of that subparagraph,
`120 percent' is substituted for `115
percent'; and/
/ `(II) in clause (ii) of that
subparagraph, `125' is substituted for
`120 percent'./
/ `(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./
/ `(E) AUTHORITY OF THE SECRETARY- The Secretary may
provide such additional assistance as the Secretary
considers appropriate to provide equitable treatment
for eligible producers on a farm that suffered
production losses in the 2008 crop year that result in
multiyear production losses, as determined by the
Secretary./
/ `(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; and/
/ `(ii) as determined by the Secretary--/
/ `(I)(aa) except as provided in item
(bb), lack access to a policy or plan of
insurance under subtitle A; or/
/ `(bb) do not qualify for a written
agreement because 1 or more farming
practices, which the Secretary has
determined are good farming practices, of
the eligible producers on the farm differ
significantly from the farming practices
used by producers of the same crop in
other regions of the United States; and/
/ `(II) are not eligible for the
noninsured crop disaster assistance
program established by section 196 of the
Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).'./
/ (c) Emergency Loans- /
/ (1) IN GENERAL- For the principal amount of direct
emergency loans under section 321 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961), $200,000,000./
/ (2) DIRECT EMERGENCY LOANS- For the cost of direct
emergency loans, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), $28,440,000, to remain available until
September 30, 2010./
/ (d) 2008 Aquaculture Assistance- /
/ (1) DEFINITIONS- In this subsection:/
/ (A) ELIGIBLE AQUACULTURE PRODUCER- The term
`eligible aquaculture producer' means an aquaculture
producer that during the 2008 calendar year, as
determined by the Secretary--/
/ (i) produced an aquaculture species for which
feed costs represented a substantial percentage
of the input costs of the aquaculture operation;
and/
/ (ii) experienced a substantial price increase
of feed costs above the previous 5-year average./
/ (B) SECRETARY- The term `Secretary' means the
Secretary of Agriculture./
/ (2) GRANT PROGRAM- /
/ (A) IN GENERAL- Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than
$50,000,000, to remain available until September 30,
2010, to carry out a program of grants to States to
assist eligible aquaculture producers for losses
associated with high feed input costs during the 2008
calendar year./
/ (B) NOTIFICATION- Not later 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) PROVISION OF GRANTS- /
/ (i) IN GENERAL- The Secretary shall make
grants to States under this subsection on a pro
rata basis based on the amount of aquaculture
feed used in each State during the 2007 calendar
year, as determined by the Secretary./
/ (ii) TIMING- Not 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 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;/
/ (ii) provide assistance to eligible
aquaculture producers not later than 60 days
after the date on which the State receives grant
funds; and/
/ (iii) 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;/
/ (II) the amounts of assistance provided
per species of aquaculture; and/
/ (III) the process by which the State
determined the levels of assistance to
eligible aquaculture producers./
/ (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./
/ (4) REPORT TO CONGRESS- Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that--/
/ (A) describes in detail the manner in which this
subsection has been carried out; and/
/ (B) includes the information reported to the
Secretary under paragraph (2)(D)(iii)./
/ (e) Administration- There is hereby appropriated $54,000,000 to
carry out this section./
/ Sec. 104. (a) Hereafter, in this section, the term
`nonambulatory disabled cattle' means cattle, other than cattle
that are less than 5 months old or weigh less than 500 pounds,
subject to inspection under section 3(b) of the Federal Meat
Inspection Act (21 U.S.C. 603(b)) that cannot rise from a
recumbent position or walk, including cattle with a broken
appendage, severed tendon or ligament, nerve paralysis, fractured
vertebral column, or a metabolic condition./
/ (b) Hereafter, none of the funds made available under this or
any other Act may be used to pay the salaries or expenses of any
personnel of the Food Safety and Inspection Service to pass
through inspection any nonambulatory disabled cattle for use as
human food, regardless of the reason for the nonambulatory status
of the cattle or the time at which the cattle became nonambulatory./
/ Sec. 105. State and Local Governments. Section 1001(f)(6)(A) of
the Food Security Act of 1985 (7 U.S.C. 1308(f)(6)(A)) is amended
by inserting `(other than the conservation reserve program
established under subchapter B of chapter 1 of subtitle D of title
XII of this Act)' before the period at the end./
/ Sec. 106. Except for title I of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), Commodity Credit
Corporation funds provided in that Act shall be available for
administrative expenses, including technical assistance, without
regard to the limitation in 15 U.S.C. 714i./
/TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES/
/DEPARTMENT OF COMMERCE/
/Bureau of Industry and Security/
/operations and administration/
/ For an additional amount for `Operations and Administration',
$20,000,000, to remain available until September 30, 2010./
/Economic Development Administration/
/economic development assistance programs/
/ For an additional amount for `Economic Development Assistance
Programs', $150,000,000, to remain available until September 30,
2010: /Provided,/ That $50,000,000 shall be for economic
adjustment assistance as authorized by section 209 of the Public
Works and Economic Development Act of 1965, as amended (42 U.S.C.
3149): /Provided further,/ That in allocating the funds provided
in the previous proviso, the Secretary of Commerce shall give
priority consideration to areas of the Nation that have
experienced sudden and severe economic dislocation and job loss
due to corporate restructuring./
/Bureau of the Census/
/periodic censuses and programs/
/ For an additional amount for `Periodic Censuses and Programs',
$1,000,000,000, to remain available until September 30, 2010./
/National Telecommunications and Information Administration/
/broadband technology opportunities program/
/ For an amount for `Broadband Technology Opportunities Program',
$7,000,000,000, to remain available until September 30, 2010:
/Provided,/ That of the funds provided under this heading,
$6,650,000,000 shall be expended pursuant to section 201 of this
Act, of which: not less than $200,000,000 shall be available for
competitive grants for expanding public computer center capacity,
including at community colleges and public libraries; not less
than $250,000,000 shall be available for competitive grants for
innovative programs to encourage sustainable adoption of broadband
service; and $10,000,000 shall be transferred to `Department of
Commerce, Office of Inspector General' for the purposes of audits
and oversight of funds provided under this heading and such funds
shall remain available until expended: /Provided further,/ That 50
percent of the funds provided in the previous proviso shall be
used to support projects in rural communities, which in part may
be transferred to the Department of Agriculture for administration
through the Rural Utilities Service if deemed necessary and
appropriate by the Secretary of Commerce, in consultation with the
Secretary of Agriculture, 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: /Provided
further,/ That of the funds provided under this heading, up to
$350,000,000 may be expended pursuant to Public Law 110-385 (47
U.S.C. 1301 note) and for the purposes of developing and
maintaining a broadband inventory map pursuant to section 201 of
this Act: /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 section
201 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: /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 Department of Agriculture
and the FCC./
/digital-to-analog converter box program/
/ For an amount for `Digital-to-Analog Converter Box Program',
$650,000,000, for additional coupons and related activities under
the program implemented under section 3005 of the Digital
Television Transition and Public Safety Act of 2005, to remain
available until September 30, 2010: /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-on-one assistance to vulnerable
populations, including help with converter box installation:
/Provided further,/ That the amounts provided in the previous
proviso may be transferred to the Federal Communications
Commission (Commission) if deemed necessary and appropriate by the
Secretary of Commerce in consultation with the Commission, 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: /Provided further,/ That $2,000,000 of funds provided
under this heading shall be transferred to `Department of
Commerce, Office of Inspector General' for audits and oversight of
funds provided under this heading./
/National Institute of Standards and Technology/
/scientific and technical research and services/
/ For an additional amount for `Scientific and Technical Research
and Services', $168,000,000, to remain available until September
30, 2010./
/construction of research facilities/
/ For an additional amount for `Construction of Research
Facilities', $307,000,000, to remain available until September 30,
2010./
/National Oceanic and Atmospheric Administration/
/operations, research, and facilities/
/ For an additional amount for `Operations, Research, and
Facilities', $377,000,000, to remain available until September 30,
2010./
/procurement, acquisition and construction/
/ For an additional amount for `Procurement, Acquisition and
Construction', $645,000,000, to remain available until September
30, 2010./
/Office of Inspector General/
/ For an additional amount for `Office of Inspector General',
$6,000,000, to remain available until September 30, 2012./
/DEPARTMENT OF JUSTICE/
/General Administration/
/tactical law enforcement wireless communications/
/ For an additional amount for `Tactical Law Enforcement Wireless
Communications', $100,000,000 for the costs of developing and
implementing a nationwide Integrated Wireless network supporting
Federal law enforcement, to remain available until September 30,
2010./
/Detention Trustee/
/ For an additional amount for `Detention Trustee', $100,000,000,
to remain available until September 30, 2010./
/Office of Inspector General/
/ For an additional amount for `Office of Inspector General',
$2,000,000, to remain available until September 30, 2011./
/United States Marshals Service/
/salaries and expenses/
/ For an additional amount for `Salaries and Expenses',
$50,000,000, to remain available until September 30, 2010./
/construction/
/ For an additional amount for `Construction', $100,000,000, to
remain available until September 30, 2010./
/Federal Bureau of Investigation/
/salaries and expenses/
/ For an additional amount for `Salaries and Expenses',
$75,000,000, to remain available until September 30, 2010./
/construction/
/ For an additional amount for `Construction', $300,000,000, to
remain available until September 30, 2010./
/Federal Prison System/
/buildings and facilities/
/ For an additional amount for `Federal Prison System, Buildings
and Facilities', $800,000,000, to remain available until September
30, 2010./
/State and Local Law Enforcement Activities/
/Office on Violence Against Women/
/violence against women prevention and prosecution programs/
/ For an additional amount for `Violence Against Women Prevention
and Prosecution Programs', $300,000,000 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. 3711 et
seq.): /Provided,/ That, $50,000,000 shall be 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 of Justice Programs/
/state and local law enforcement assistance/
/ For an additional amount for `State and Local Law Enforcement
Assistance', $1,200,000,000 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 Street Act 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), to remain available until
September 30, 2010./
/ For an additional amount for `State and Local Law Enforcement
Assistance', $300,000,000 for competitive grants to improve the
functioning of the criminal justice system, to assist victims of
crime (other than compensation), and youth mentoring grants, to
remain available until September 30, 2010./
/ For an additional amount for `State and Local Law Enforcement
Assistance', $90,000,000, to remain available until September 30,
2010, for competitive grants to provide assistance and equipment
to local law enforcement along the Southern border and in
High-Intensity Drug Trafficking Areas to combat criminal narcotics
activity stemming from the Southern border, of which $10,000,000
shall be transferred to `Bureau of Alcohol, Tobacco, Firearms and
Explosives, Salaries and Expenses' for the ATF Project Gunrunner./
/ For an additional amount for `State and Local Law Enforcement
Assistance', $300,000,000, to remain available until September 30,
2010, for assistance to Indian tribes, notwithstanding Public Law
108-199, division B, title I, section 112(a)(1) (118 Stat. 62), of
which--/
/ (1) $250,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322);/
/ (2) $25,000,000 shall be available for the Tribal Courts
Initiative; and/
/ (3) $25,000,000 shall be available for tribal alcohol and
substance abuse drug reduction assistance grants./
/For an additional amount for `State and Local Law Enforcement
Assistance', $100,000,000, to remain available until September 30,
2010, to be distributed by the Office for Victims of Crime in
accordance with section 1402(d)(4) of the Victims of Crime Act of
1984 (Public Law 98-473)./
/ For an additional amount for `State and Local Law Enforcement
Assistance', $150,000,000, to remain available until September 30,
2010, for assistance to law enforcement in rural areas, to prevent
and combat crime, especially drug-related crime./
/ For an additional amount for `State and Local Law Enforcement
Assistance', $50,000,000, to remain available until September 30,
2010, for Internet Crimes Against Children (ICAC) initiatives./
/Community Oriented Policing Services/
/ For an additional amount for `Community Oriented Policing
Services', for grants under section 1701 of title I of the 1968
Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for
hiring and rehiring of additional career law enforcement officers
under part Q of such title, and civilian public safety personnel,
notwithstanding subsection (i) of such section and notwithstanding
42 U.S.C. 3796dd-3(c), $1,000,000,000, to remain available until
September 30, 2010./
/Salaries and Expenses/
/ For an additional amount, not elsewhere specified in this title,
for management and administration and oversight of programs within
the Office on Violence Against Women, the Office of Justice
Programs, and the Community Oriented Policing Services Office,
$10,000,000, to remain available until September 30, 2010./
/SCIENCE/
/National Aeronautics and Space Administration/
/science/
/ For an additional amount for `Science', $450,000,000, to remain
available until September 30, 2010./
/aeronautics/
/ For an additional amount for `Aeronautics', $200,000,000, to
remain available until September 30, 2010./
/exploration/
/ For an additional amount for `Exploration', $450,000,000, to
remain available until September 30, 2010./
/cross agency support/
/ For an additional amount for `Cross Agency Support',
$200,000,000, to remain available until September 30, 2010./
/office of inspector general/
/ For an additional amount for `Office of Inspector General',
$2,000,000, to remain available until September 30, 2011./
/National Science Foundation/
/research and related activities/
/ For an additional amount for `Research and Related Activities',
$1,000,000,000, to remain available until September 30, 2010./
/major research equipment and facilities construction/
/ For an additional amount for `Major Research Equipment and
Facilities Construction', $150,000,000, to remain available until
September 30, 2010./
/education and human resources/
/ For an additional amount for `Education and Human Resources',
$50,000,000, to remain available until September 30, 2010./
/office of inspector general/
/ For an additional amount for `Office of Inspector General',
$2,000,000, to remain available until September 30, 2011./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 201. The Assistant Secretary of Commerce for Communications
and Information (Assistant Secretary), in consultation with the
Federal Communications Commission (Commission) (and, with respect
to rural areas, the Secretary of Agriculture), shall establish a
national broadband service development and expansion program in
conjunction with the technology opportunities program, which shall
be referred to the Broadband Technology Opportunities Program. The
Assistant Secretary shall ensure that the program complements and
enhances and does not conflict with other Federal broadband
initiatives and programs./
/ (1) The purposes of the program are to--/
/ (A) provide access to broadband service to citizens
residing in unserved areas of the United States;/
/ (B) provide improved access to broadband service to
citizens residing in underserved areas of the United
States;/
/ (C) provide broadband education, awareness,
training, access, equipment, and support to--/
/ (i) schools, libraries, medical and healthcare
providers, community colleges and other
institutions of higher education, and other
community support organizations and entities to
facilitate greater use of broadband service by
or through these organizations;/
/ (ii) organizations and agencies that provide
outreach, access, equipment, and support
services to facilitate greater use of broadband
service by low-income, unemployed, aged, and
otherwise vulnerable populations; and/
/ (iii) job-creating strategic facilities
located within a State-designated economic zone,
Economic Development District designated by the
Department of Commerce, Renewal Community or
Empowerment Zone designated by the Department of
Housing and Urban Development, or Enterprise
Community designated by the Department of
Agriculture./
/ (D) improve access to, and use of, broadband service
by public safety agencies; and/
/ (E) stimulate the demand for broadband, economic
growth, and job creation./
/ (2) The Assistant Secretary may consult with the chief
executive officer of any State with respect to--/
/ (A) the identification of areas described in
subsection (1)(A) or (B) located in that State; and/
/ (B) the allocation of grant funds within that State
for projects in or affecting the State./
/ (3) The Assistant Secretary shall--/
/ (A) establish and implement the grant program as
expeditiously as practicable;/
/ (B) ensure that all awards are made before the end
of fiscal year 2010;/
/ (C) seek such assurances as may be necessary or
appropriate from grantees under the program that they
will substantially complete projects supported by the
program in accordance with project timelines, not to
exceed 2 years following an award; and/
/ (D) report on the status of the program to the
Committees on Appropriations of the House and the
Senate, the Committee on Energy and Commerce of the
House, and the Committee on Commerce, Science, and
Transportation of the Senate, every 90 days./
/ (4) To be eligible for a grant under the program an
applicant shall--/
/ (A) be a State or political subdivision thereof, a
nonprofit foundation, corporation, institution or
association, Indian tribe, Native Hawaiian
organization, or other non-governmental entity in
partnership with a State or political subdivision
thereof, Indian tribe, or Native Hawaiian organization
if the Assistant Secretary determines the partnership
consistent with the purposes this section;/
/ (B) submit an application, at such time, in such
form, and containing such information as the Assistant
Secretary may require;/
/ (C) provide a detailed explanation of how any amount
received under the program will be used to carry out
the purposes of this section in an efficient and
expeditious manner, including a demonstration that the
project would not have been implemented during the
grant period without Federal grant assistance;/
/ (D) demonstrate, to the satisfaction of the
Assistant Secretary, that it is capable of carrying
out the project or function to which the application
relates in a competent manner in compliance with all
applicable Federal, State, and local laws;/
/ (E) demonstrate, to the satisfaction of the
Assistant Secretary, that it will appropriate (if the
applicant is a State or local government agency) or
otherwise unconditionally obligate, from non-Federal
sources, funds required to meet the requirements of
paragraph (5);/
/ (F) disclose to the Assistant Secretary the source
and amount of other Federal or State funding sources
from which the applicant receives, or has applied for,
funding for activities or projects to which the
application relates; and/
/ (G) provide such assurances and procedures as the
Assistant Secretary may require to ensure that grant
funds are used and accounted for in an appropriate
manner./
/ (5) The Federal share of any project may not exceed 80
percent, except that the Assistant Secretary may increase
the Federal share of a project above 80 percent if--/
/ (A) the applicant petitions the Assistant Secretary
for a waiver; and/
/ (B) the Assistant Secretary determines that the
petition demonstrates financial need./
/ (6) The Assistant Secretary may make competitive grants
under the program to--/
/ (A) acquire equipment, instrumentation, networking
capability, hardware and software, digital network
technology, and infrastructure for broadband services;/
/ (B) construct and deploy broadband service related
infrastructure;/
/ (C) ensure access to broadband service by community
anchor institutions;/
/ (D) facilitate access to broadband service by
low-income, unemployed, aged, and otherwise vulnerable
populations in order to provide educational and
employment opportunities to members of such populations;/
/ (E) construct and deploy broadband facilities that
improve public safety broadband communications
services; and/
/ (F) undertake such other projects and activities as
the Assistant Secretary finds to be consistent with
the purposes for which the program is established./
/ (7) The Assistant Secretary--/
/ (A) shall require any entity receiving a grant
pursuant to this section to report quarterly, in a
format specified by the Assistant Secretary, on such
entity's use of the assistance and progress fulfilling
the objectives for which such funds were granted, and
the Assistant Secretary shall make these reports
available to the public;/
/ (B) may establish additional reporting and
information requirements for any recipient of any
assistance made available pursuant to this section;/
/ (C) shall establish appropriate mechanisms to ensure
appropriate use and compliance with all terms of any
use of funds made available pursuant to this section;/
/ (D) may, in addition to other authority under
applicable law, deobligate awards to grantees that
demonstrate an insufficient level of performance, or
wasteful or fraudulent spending, as defined in advance
by the Assistant Secretary, and award these funds
competitively to new or existing applicants consistent
with this section; and/
/ (E) shall create and maintain a fully searchable
database, accessible on the Internet at no cost to the
public, that contains at least the name of each entity
receiving funds made available pursuant to this
section, the purpose for which such entity is
receiving such funds, each quarterly report submitted
by the entity pursuant to this section, and such other
information sufficient to allow the public to
understand and monitor grants awarded under the program./
/ (8) Concurrent with the issuance of the Request for
Proposal for grant applications pursuant to this section,
the Assistant Secretary shall, in coordination with the
Federal Communications Commission, publish the
non-discrimination and network interconnection obligations
that shall be contractual conditions of grants awarded under
this section./
/ (9) Within 1 year after the date of enactment of this Act,
the Commission shall complete a rulemaking to develop a
national broadband plan. In developing the plan, the
Commission shall--/
/ (A) consider the most effective and efficient
national strategy for ensuring that all Americans have
access to, and take advantage of, advanced broadband
services;/
/ (B) have access to data provided to other Government
agencies under the Broadband Data Improvement Act (47
U.S.C. 1301 note);/
/ (C) evaluate the status of deployments of broadband
service, including the progress of projects supported
by the grants made pursuant to this section; and/
/ (D) develop recommendations for achieving the goal
of nationally available broadband service for the
United States and for promoting broadband adoption
nationwide./
/ (10) The Assistant Secretary shall develop and maintain a
comprehensive nationwide inventory map of existing broadband
service capability and availability in the United States
that entities and depicts the geographic extent to which
broadband service capability is deployed and available from
a commercial provider or public provider throughout each
State: /Provided,/ That not later than 2 years after the
date of the enactment of the Act, the Assistant Secretary
shall make the broadband inventory map developed and
maintained pursuant to this section accessible to the public./
/ Sec. 202. The Assistant Secretary of Commerce for Communications
and Information may reissue any coupon issued under section
3005(a) of the Digital Television Transition and Public Safety Act
of 2005 that has expired before use, and shall cancel any
unredeemed coupon reported as lost and may issue a replacement
coupon for the lost coupon./
/TITLE III--DEPARTMENT OF DEFENSE/
/OPERATION AND MAINTENANCE/
/Operation and Maintenance, Army/
/ For an additional amount for `Operation and Maintenance, Army',
$1,169,291,000, to remain available for obligation until September
30, 2010./
/Operation and Maintenance, Navy/
/ For an additional amount for `Operation and Maintenance, Navy',
$571,843,000, to remain available for obligation until September
30, 2010./
/Operation and Maintenance, Marine Corps/
/ For an additional amount for `Operation and Maintenance, Marine
Corps', $112,167,000, to remain available for obligation until
September 30, 2010./
/Operation and Maintenance, Air Force/
/ For an additional amount for `Operation and Maintenance, Air
Force', $927,113,000, to remain available for obligation until
September 30, 2010./
/Operation and Maintenance, Army Reserve/
/ For an additional amount for `Operation and Maintenance, Army
Reserve', $79,543,000, to remain available for obligation until
September 30, 2010./
/Operation and Maintenance, Navy Reserve/
/ For an additional amount for `Operation and Maintenance, Navy
Reserve', $44,586,000, to remain available for obligation until
September 30, 2010./
/Operation and Maintenance, Marine Corps Reserve/
/ For an additional amount for `Operation and Maintenance, Marine
Corps Reserve', $32,304,000, to remain available for obligation
until September 30, 2010./
/Operation and Maintenance, Air Force Reserve/
/ For an additional amount for `Operation and Maintenance, Air
Force Reserve', $10,674,000, to remain available for obligation
until September 30, 2010./
/Operation and Maintenance, Army National Guard/
/ For an additional amount for `Operation and Maintenance, Army
National Guard', $215,557,000, to remain available for obligation
until September 30, 2010./
/Operation and Maintenance, Air National Guard/
/ For an additional amount for `Operation and Maintenance, Air
National Guard', $20,922,000, to remain available for obligation
until September 30, 2010./
/PROCUREMENT/
/Defense Production Act Purchases/
/ For an additional amount for `Defense Production Act Purchases',
$100,000,000, to remain available for obligation until September
30, 2010./
/RESEARCH, DEVELOPMENT, TEST AND EVALUATION/
/Research, Development, Test and Evaluation, Defense-Wide/
/ For an additional amount for `Research, Development, Test and
Evaluation, Defense-Wide', $200,000,000, to remain available for
obligation until September 30, 2010./
/OTHER DEPARTMENT OF DEFENSE PROGRAMS/
/Defense Health Program/
/ For an additional amount for `Defense Health Program',
$250,000,000 for operation and maintenance, to remain available
for obligation until September 30, 2010./
/Office of the Inspector General/
/ For an additional amount for `Office of the Inspector General',
$12,000,000 for operation and maintenance, to remain available for
obligation until September 30, 2011, and an additional $3,000,000
for such purposes, to remain available until September 30, 2011./
/TITLE IV--ENERGY AND WATER DEVELOPMENT/
/DEPARTMENT OF DEFENSE--CIVIL/
/Department of the Army/
/Corps of Engineers--Civil/
/investigations/
/ For an additional amount for `Investigations' for expenses
necessary where authorized by law for the collection and study of
basic information pertaining to river and harbor, flood and storm
damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects and related efforts prior to construction;
for restudy of authorized projects; and for miscellaneous
investigations and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to
construction, $25,000,000: /Provided,/ That funds provided under
this heading in this title shall only be used for programs,
projects or activities that heretofore or hereafter receive funds
provided in Acts making appropriations available for Energy and
Water Development: /Provided further,/ That funds provided under
this heading in this title shall be used for programs, projects or
activities or elements of programs, projects or activities that
can be completed within the funds made available in that account
and that will not require new budget authority to complete:
/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,
over engineering and design on those projects and on subsequent
claims, if any: /Provided further,/ That the Secretary shall have
unlimited reprogramming authority for these funds provided under
this heading./
/construction/
/ For an additional amount for `Construction' for expenses
necessary for the construction of river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law,
$2,000,000,000, of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund as authorized by Public Law
104-303: /Provided,/ That not less than $200,000,000 of the funds
provided shall be for water-related environmental infrastructure
assistance: /Provided further,/ That section 102 of Public Law
109-103 (33 U.S.C. 2221) shall not apply to funds provided in this
title: /Provided further,/ That notwithstanding any other
provision of law, no funds shall be drawn from the Inland
Waterways Trust Fund, as authorized in Public Law 99-662:
/Provided further,/ That funds provided under this heading in this
title shall only be used for programs, projects or activities that
heretofore or hereafter receive funds provided in Acts making
appropriations available for Energy and Water Development:
/Provided further,/ That funds provided under this heading in this
title shall be used for programs, projects or activities or
elements of programs, projects or activities that can be completed
within the funds made available in that account and that will not
require new budget authority to complete: /Provided further,/ That
the limitation concerning total project costs in section 902 of
the Water Resources Development Act of 1986, as amended (33 U.S.C.
2280), shall not apply during fiscal year 2009 to any project that
received funds provided in this title: /Provided further,/ That
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. 701r); section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s); section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330); or
section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a), notwithstanding the program cost limitations set
forth in those sections: /Provided further,/ That 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, over engineering and design on those
projects and on subsequent claims, if any: /Provided further,/
That the Secretary shall have unlimited reprogramming authority
for these funds provided under this heading./
/mississippi river and tributaries/
/ For an additional amount for `Mississippi River and Tributaries'
for expenses necessary for flood damage reduction projects and
related efforts as authorized by law, $500,000,000, of which such
sums as are necessary to cover the Federal share of operation and
maintenance costs for inland harbors shall be derived from the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
/Provided,/ That funds provided under this heading in this title
shall only be used for programs, projects or activities that
heretofore or hereafter receive funds provided in Acts making
appropriations available for Energy and Water Development:
/Provided further,/ That funds provided under this heading in this
title shall be used for programs, projects or activities or
elements of programs, projects or activities that can be completed
within the funds made available in that account and that will not
require new budget authority to complete: /Provided further,/ That
the limitation concerning total project costs in section 902 of
the Water Resources Development Act of 1986, as amended (33 U.S.C.
2280), shall not apply during fiscal year 2009 to any project that
received funds provided in this title: /Provided further,/ That
for projects that are being completed with funds appropriated in
this Act that would otherwise be expired for obligation, expired
funds appropriated in this Act may be used to pay the cost of
associated supervision, inspection, over engineering and design on
those projects and on subsequent claims, if any: /Provided
further,/ That the Secretary shall have unlimited reprogramming
authority for these funds provided under this heading./
/operation and maintenance/
/ For an additional amount for `Operation and Maintenance' for
expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law, and for surveys and charting of northern and northwestern
lakes and connecting waters, clearing and straightening channels,
and removal of obstructions to navigation, $1,900,000,000, of
which such sums as are necessary to cover the Federal share of
operation and maintenance costs for coastal harbors and channels,
and inland harbors shall be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662; and of which such sums
as become available under section 217 of the Water Resources
Development Act of 1996, Public Law 104-303, shall be used to
cover the cost of operation and maintenance of the dredged
material disposal facilities for which fees have been collected:
/Provided,/ That funds provided under this heading in this title
shall only be used for programs, projects or activities that
heretofore or hereafter receive funds provided in Acts making
appropriations available for Energy and Water Development:
/Provided further,/ That funds provided under this heading in this
title shall be used for programs, projects or activities or
elements of programs, projects or activities that can be completed
within the funds made available in that account and that will not
require new budget authority to complete: /Provided further,/ That
$90,000,000 of the funds provided under this heading shall be used
for activities described in section 9004 of Public Law 110-114:
/Provided further,/ That section 9006 of Public Law 110-114 shall
not apply to funds provided in this title: /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, over engineering and design
on those projects and on subsequent claims, if any: /Provided
further,/ That the Secretary shall have unlimited reprogramming
authority for these funds provided under this heading./
/regulatory program/
/ For an additional amount for `Regulatory Program' for expenses
necessary for administration of laws pertaining to regulation of
navigable waters and wetlands, $25,000,000 is provided./
/formerly utilized sites remedial action program/
/ For an additional amount for `Formerly Utilized Sites Remedial
Action Program' for expenses necessary to clean up contamination
from sites in the United States resulting from work performed as
part of the Nation's early atomic energy program, $100,000,000:
/Provided further,/ That funds provided under this heading in this
title shall be used for programs, projects or activities or
elements of programs, projects or activities that can be completed
within the funds made available in that account and that will not
require new budget authority to complete: /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, over engineering and design on
those projects and on subsequent claims, if any: /Provided
further,/ That the Secretary shall have unlimited reprogramming
authority for these funds provided under this heading./
/flood control and coastal emergencies/
/ For an additional amount for `Flood Control and Coastal
Emergencies' for expenses necessary for pre-placement of materials
and equipment, advance measures and other activities authorized by
law, $50,000,000 is provided./
/DEPARTMENT OF THE INTERIOR/
/Bureau of Reclamation/
/water and related resources/
/ For an additional amount for management, development, and
restoration of water and related natural resources and for related
activities, including the operation, maintenance, and
rehabilitation of reclamation and other facilities, participation
in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other
agreements with, State and local governments, federally recognized
Indian tribes, and others, $1,400,000,000; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: /Provided,/ That of the total appropriated, the amount for
program activities that can be financed by the Reclamation Fund or
the Bureau of Reclamation special fee account established by 16
U.S.C. 460l-6a(i) shall be derived from that Fund or account:
/Provided further,/ That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which contributed:
/Provided further,/ That funds advanced under 43 U.S.C. 397a shall
be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
/Provided further,/ That funds provided under this heading in this
title shall only be used for programs, projects or activities that
heretofore or hereafter receive funds provided in Acts making
appropriations available for Energy and Water Development:
/Provided further,/ That funds provided in this Act shall be used
for elements of projects, programs or activities that can be
completed within these funding amounts and not create budgetary
obligations in future fiscal years: /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 102-575): /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
108-361): /Provided further,/ That not less than $60,000,000 of
the funds provided under this heading shall be used for rural
water projects and shall be expended primarily on water intake and
treatment facilities of such projects: /Provided further,/ That
not less than $10,000,000 of the funds provided under this heading
shall be used for a bureau-wide inspection of canals program in
urbanized areas: /Provided further,/ That not less than
$110,000,000 of the funds provided under this heading shall be
used for water reclamation and reuse projects (title 16 of Public
Law 102-575): /Provided further,/ That the costs of reimbursable
activities, other than for maintenance and rehabilitation, carried
out with funds provided in this Act shall be repaid pursuant to
existing authorities and agreements: /Provided further,/ That the
costs of maintenance and rehabilitation activities carried out
with funds provided in this Act shall be repaid pursuant to
existing authority, except the length of repayment period shall be
determined on needs-based criteria to be established and adopted
by the Commissioner, but in no case shall the repayment period
exceed 25 years: /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, over engineering and design on those projects and on
subsequent claims, if any: /Provided further,/ That the Secretary
shall have unlimited reprogramming authority for these funds
provided under this heading./
/DEPARTMENT OF ENERGY/
/Energy Programs/
/energy efficiency and renewable energy/
/ For an additional amount for `Energy Efficiency and Renewable
Energy', $14,398,000,000, for necessary expenses, to remain
available until September 30, 2010: /Provided,/ That
$4,200,000,000 shall be available for Energy Efficiency and
Conservation Block Grants for implementation of programs
authorized under subtitle E of title V of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17151 et seq.), of which
$2,100,000,000 is available through the formula in subtitle E:
/Provided further,/ That the remaining $2,100,000,000 shall be
awarded on a competitive basis only to competitive grant
applicants from States in which the Governor certifies to the
Secretary of Energy that the applicable State regulatory authority
will implement the integrated resource planning and rate design
modifications standards required to be considered under paragraphs
(16) and (17) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)(16) and (17)); and the
Governor will take all actions within his or her authority to
ensure that the State, or the applicable units of local government
that have authority to adopt building codes, will implement--/
/ (A) building energy codes for residential buildings that
the Secretary determines are likely to meet or exceed the
2009 International Energy Conservation Code;/
/ (B) building energy codes for commercial buildings that
the Secretary determines are likely to meet or exceed the
ANSI/ASHRAE/IESNA Standard 90.1-2007; and/
/ (C) a plan for implementing and enforcing the building
energy codes described in subparagraphs (A) and (B) that is
likely to ensure that at least 90 percent of the new and
renovated residential and commercial building space will
meet the standards within 8 years after the date of
enactment of this Act:/
//Provided 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: /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
such authority shall not apply to positions in the Excepted
Service or the Senior Executive Service: /Provided further,/ That
any action authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the Department
shall comply with the public notice requirements of section 3327
of such title 5./
/Electricity Delivery and Energy Reliability/
/ For an additional amount for `Electricity Delivery and Energy
Reliability', $4,500,000,000, for necessary expenses, to remain
available until September 30, 2010: /Provided,/ That $100,000,000
shall be available for worker training activities: /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
such authority shall not apply to positions in the Excepted
Service or the Senior Executive Service: /Provided further,/ That
any action authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the Department
shall comply with the public notice requirements of section 3327
of such title 5: /Provided,/ That for the purpose of facilitating
the development of regional transmission plans, the Office of
Electricity Delivery and Energy Reliability within the Department
of Energy is provided $80,000,000 within the available funds to
conduct a resource assessment and an analysis of future demand and
transmission requirements: /Provided further,/ That the Office of
Electricity Delivery and Energy Reliability 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-based transmission plans for the Eastern and
Western Interconnections and ERCOT: /Provided further,/ That such
assistance may include modeling, support to regions and States for
the development of coordinated State electricity policies,
programs, laws, and regulations: /Provided further,/ That
$10,000,000 is provided to implement section 1305 of Public Law
110-140./
/Fossil Energy Research and Development/
/ For an additional amount for `Fossil Energy Research and
Development', $4,600,000,000, to remain available until September
30, 2010: /Provided,/ That $2,000,000,000 is available for one or
more near zero emissions powerplant(s): /Provided further,/
$1,000,000,000 is available for selections under the Department's
Clean Coal Power Initiative Round III Funding Opportunity
Announcement; notwithstanding the mandatory eligibility
requirements of the Funding Opportunity Announcement, the
Department shall consider applications that utilize petroleum coke
for some or all of the project's fuel input: /Provided further,/
$1,520,000,000 is available for a competitive solicitation
pursuant to section 703 of Public Law 110-140 for projects that
demonstrate carbon capture from industrial sources: /Provided
further,/ That awards for such projects may include plant
efficiency improvements for integration with carbon capture
technology./
/Non-Defense Environmental Cleanup/
/ For an additional amount for `Non-Defense Environmental
Cleanup', $483,000,000, to remain available until September 30, 2010./
/Uranium Enrichment Decontamination and Decommissioning Fund/
/ For an additional amount for `Uranium Enrichment Decontamination
and Decommissioning Fund', $390,000,000, to remain available until
September 30, 2010, of which $70,000,000 shall be available in
accordance with title X, subtitle A of the Energy Policy Act of 1992./
/Science/
/ For an additional amount for `Science', $330,000,000, to remain
available until September 30, 2010./
/Title 17--Innovative Technology Loan Guarantee Program/
/ Subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans under section 1702(b)(2) of the
Energy Policy Act of 2005, shall not exceed a total principal
amount of $50,000,000,000 for eligible projects, to remain
available until committed: /Provided,/ That these amounts are in
addition to any authority provided elsewhere in this Act and this
and previous fiscal years: /Provided further,/ That such sums as
are derived from amounts received from borrowers pursuant to
section 1702(b)(2) of the Energy Policy Act of 2005 under this
heading in this and prior Acts, shall be collected in accordance
with section 502(7) of the Congressional Budget Act of 1974:
/Provided further,/ That the source of such payment received from
borrowers is not a loan or other debt obligation that is
guaranteed by the Federal Government: /Provided further,/ That
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005,
no appropriations are available to pay the subsidy cost of such
guarantees: /Provided further,/ That none of the loan guarantee
authority made available in this Act shall be available for
commitments to guarantee loans under section 1702(b)(2) of the
Energy Policy Act of 2005 for any projects where funds, personnel,
or property (tangible or intangible) of any Federal agency,
instrumentality, personnel or affiliated entity are expected to be
used (directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other
arrangements, to support the project or to obtain goods or
services from the project: /Provided further,/ That none of the
loan guarantee authority made available in this Act shall be
available under section 1702(b)(2) of the Energy Policy Act of
2005 for any project unless the Director of the Office of
Management and Budget has certified in advance in writing that the
loan guarantee and the project comply with the provisions under
this title: /Provided further,/ That for an additional amount for
the cost of guaranteed loans authorized by section 1702(b)(1) and
section 1705 of the Energy Policy Act of 2005, $8,500,000,000,
available until expended, to pay the costs of guarantees made
under this section: /Provided further,/ That of the amount
provided for Title XVII, $15,000,000 shall be used for
administrative expenses in carrying out the guaranteed loan program./
/Office of the Inspector General/
/ For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $5,000,000, to remain available until September 30,
2012, and an additional $10,000,000 for such purposes, to remain
available until September 30, 2012./
/ATOMIC ENERGY DEFENSE ACTIVITIES/
/National Nuclear Security Administration/
/weapons activities/
/ For an additional amount for weapons activities, $1,000,000,000,
to remain available until September 30, 2010./
/Environmental and Other Defense Activities/
/defense environmental cleanup/
/ For an additional amount for `Defense Environmental Cleanup',
$5,527,000,000, to remain available until September 30, 2010./
/Construction, Rehabilitation, Operation, and Maintenance, Western
Area Power Administration/
/ For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $10,000,000, to remain available
until expended: /Provided,/ That the Administrator shall establish
such personnel staffing levels as he deems necessary to
economically and efficiently complete the activities pursued under
the authority granted by section 402 of this Act: /Provided
further,/ That this appropriation is non-reimbursable./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 401. Bonneville Power Administration Borrowing Authority.
For the purposes of providing funds to assist in financing the
construction, acquisition, and replacement of the transmission
system of the Bonneville Power Administration and to implement the
authority of the Administrator of the Bonneville Power
Administration under the Pacific Northwest Electric Power Planning
and Conservation Act (16 U.S.C. 839 et seq.), an additional
$3,250,000,000 in borrowing authority is made available under the
Federal Columbia River Transmission System Act (16 U.S.C. 838 et
seq.), to remain outstanding at any time./
/ Sec. 402. Western Area Power Administration Borrowing Authority.
The Hoover Power Plant Act of 1984 (Public Law 98-381) is amended
by adding at the end the following:/
/`TITLE III--BORROWING AUTHORITY/
/`SEC. 301. WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY./
/ `(a) Definitions- In this section:/
/ `(1) ADMINISTRATOR- The term `Administrator' means the
Administrator of the Western Area Power Administration./
/ `(2) SECRETARY- The term `Secretary' means the Secretary
of the Treasury./
/ `(b) Authority- /
/ `(1) IN GENERAL- Notwithstanding any other provision of
law, subject to paragraphs (2) through (5)--/
/ `(A) the Western Area Power Administration may
borrow funds from the Treasury; and/
/ `(B) the Secretary shall, without further
appropriation and without fiscal year limitation, loan
to the Western Area Power Administration, on such
terms as may be fixed by the Administrator and the
Secretary, such sums (not to exceed, in the aggregate
(including deferred interest), $3,250,000,000 in
outstanding repayable balances at any one time) as, in
the judgment of the Administrator, are from time to
time required for the purpose of--/
/ `(i) constructing, financing, facilitating,
planning, operating, maintaining, or studying
construction of new or upgraded electric power
transmission lines and related facilities with
at least one terminus within the area served by
the Western Area Power Administration; and/
/ `(ii) delivering or facilitating the delivery
of power generated by renewable energy resources
constructed or reasonably expected to be
constructed after the date of enactment of this
section./
/ `(2) INTEREST- The rate of interest to be charged in
connection with any loan made pursuant to this subsection
shall be fixed by the Secretary, taking into consideration
market yields on outstanding marketable obligations of the
United States of comparable maturities as of the date of the
loan./
/ `(3) REFINANCING- The Western Area Power Administration
may refinance loans taken pursuant to this section within
the Treasury./
/ `(4) PARTICIPATION- The Administrator may permit other
entities to participate in the financing, construction and
ownership projects financed under this section./
/ `(5) CONGRESSIONAL REVIEW OF DISBURSEMENT- Effective upon
the date of enactment of this section, the Administrator
shall have the authority to have utilized $1,750,000,000 at
any one time. If the Administrator seeks to borrow funds
above $1,750,000,000, the funds will be disbursed unless
there is enacted, within 90 calendar days of the first such
request, a joint resolution that rescinds the remainder of
the balance of the borrowing authority provided in this
section./
/ `(c) Transmission Line and Related Facility Projects- /
/ `(1) IN GENERAL- For repayment purposes, each transmission
line and related facility project in which the Western Area
Power Administration participates pursuant to this section
shall be treated as separate and distinct from--/
/ `(A) each other such project; and/
/ `(B) all other Western Area Power Administration
power and transmission facilities./
/ `(2) PROCEEDS- The Western Area Power Administration shall
apply the proceeds from the use of the transmission capacity
from an individual project under this section to the
repayment of the principal and interest of the loan from the
Treasury attributable to that project, after reserving such
funds as the Western Area Power Administration determines
are necessary--/
/ `(A) to pay for any ancillary services that are
provided; and/
/ `(B) to meet the costs of operating and maintaining
the new project from which the revenues are derived./
/ `(3) SOURCE OF REVENUE- Revenue from the use of projects
under this section shall be the only source of revenue for--/
/ `(A) repayment of the associated loan for the
project; and/
/ `(B) payment of expenses for ancillary services and
operation and maintenance./
/ `(4) LIMITATION ON AUTHORITY- Nothing in this section
confers on the Administrator any additional authority or
obligation to provide ancillary services to users of
transmission facilities developed under this section./
/ `(5) TREATMENT OF CERTAIN REVENUES- Revenue from ancillary
services provided by existing Federal power systems to users
of transmission projects funded pursuant to this section
shall be treated as revenue to the existing power system
that provided the ancillary services./
/ `(d) Certification- /
/ `(1) IN GENERAL- For each project in which the Western
Area Power Administration participates pursuant to this
section, the Administrator shall certify, prior to
committing funds for any such project, that--/
/ `(A) the project is in the public interest;/
/ `(B) the project will not adversely impact system
reliability or operations, or other statutory
obligations; and/
/ `(C) it is reasonable to expect that the proceeds
from the project shall be adequate to make repayment
of the loan./
/ `(2) FORGIVENESS OF BALANCES- /
/ `(A) IN GENERAL- If, at the end of the useful life
of a project, there is a remaining balance owed to the
Treasury under this section, the balance shall be
forgiven./
/ `(B) UNCONSTRUCTED PROJECTS- Funds expended to study
projects that are considered pursuant to this section
but that are not constructed shall be forgiven./
/ `(C) NOTIFICATION- The Administrator shall notify
the Secretary of such amounts as are to be forgiven
under this paragraph./
/ `(e) Public Processes- /
/ `(1) POLICIES AND PRACTICES- Prior to requesting any loans
under this section, the Administrator shall use a public
process to develop practices and policies that implement the
authority granted by this section./
/ `(2) REQUESTS FOR INTEREST- In the course of selecting
potential projects to be funded under this section, the
Administrator shall seek Requests For Interest from entities
interested in identifying potential projects through one or
more notices published in the Federal Register.'/
/ Sec. 403. Technical Corrections to the Energy Independence and
Security Act of 2007. Title XIII of the Energy Independence and
Security Act of 2007 (15 U.S.C. 17381 and following) is amended as
follows:/
/ (1) By amending subparagraph (A) of section 1304(b)(3) to
read as follows:/
/ `(A) IN GENERAL- In carrying out the initiative, the
Secretary shall provide financial support to smart
grid demonstration projects including those in rural
areas and/or areas where the majority of generation
and transmission assets are controlled by a tax-exempt
entity.'./
/ (2) By amending subparagraph (C) of section 1304(b)(3) to
read as follows:/
/ `(C) FEDERAL SHARE OF COST OF TECHNOLOGY
INVESTMENTS- The Secretary shall provide to an
electric utility described in subparagraph (B) or to
other parties financial assistance for use in paying
an amount equal to not more than 50 percent of the
cost of qualifying advanced grid technology
investments made by the electric utility or other
party to carry out a demonstration project.'./
/ (3) By inserting a new subparagraph (E) after
1304(b)(3)(D) as follows:/
/ `(E) AVAILABILITY OF DATA- The Secretary shall
establish and maintain a smart grid information
clearinghouse in a timely manner which will make
data from smart grid demonstration projects and
other sources available to the public. As a
condition of receiving financial assistance
under this subsection, a utility or other
participant in a smart grid demonstration
project shall provide such information as the
Secretary may require to become available
through the smart grid information clearinghouse
in the form and within the timeframes as
directed by the Secretary. The Secretary shall
assure that business proprietary information and
individual customer information is not included
in the information made available through the
clearinghouse.'./
/ (4) By amending paragraph (2) of section 1304(c) to read
as follows:/
/ `(2) to carry out subsection (b), such sums as may be
necessary.'./
/ (5) By amending subsection (a) of section 1306 by striking
`reimbursement of one-fifth (20 percent)' and inserting
`grants of up to one-half (50 percent)'./
/ (6) By striking the last sentence of subsection (b)(9) of
section 1306./
/ (7) By striking `are eligible for' in subsection (c)(1) of
section 1306 and inserting `utilize'./
/ (8) By amending subsection (e) of section 1306 to read as
follows:/
/ `(e) The Secretary shall--/
/ `(1) establish within 60 days after the enactment of the
American Recovery and Reinvestment Act of 2009 procedures by
which applicants can obtain grants of not more than one-half
of their documented costs;/
/ `(2) establish procedures to ensure that there is no
duplication or multiple payment for the same investment or
costs, that the grant goes to the party making the actual
expenditures for Qualifying Smart Grid Investments, and that
the grants made have significant effect in encouraging and
facilitating the development of a smart grid;/
/ `(3) maintain public records of grants made, recipients,
and qualifying Smart Grid investments which have received
grants;/
/ `(4) establish procedures to provide advance payment of
moneys up to the full amount of the grant award; and/
/ `(5) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgment
of the Secretary.'./
/ Sec. 404. Temporary Stimulus Loan Guarantee Program. (a)
Amendment- Title XVII of the Energy Policy Act of 2005 (42 U.S.C.
16511 et seq.) is amended by adding the following at the end:/
/`SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE
ENERGY AND ELECTRIC POWER TRANSMISSION PROJECTS./
/ `(a) In General- Notwithstanding section 1703, the Secretary may
make guarantees under this section only for commercial technology
projects under subsection (b) that will reach financial close not
later than September 30, 2012./
/ `(b) Categories- Projects from only the following categories
shall be eligible for support under this section:/
/ `(1) Renewable energy systems./
/ `(2) Electric power transmission systems./
/ `(c) Authorization Limit- There are authorized to be
appropriated $10,000,000,000 to the Secretary for fiscal years
2009 through 2012 to provide the cost of guarantees made under
section./
/ `(d) Sunset- The authority to enter into guarantees under this
section shall expire on September 30, 2012.'./
/ (b) Table of Contents Amendment- The table of contents for the
Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1704 the following new item:/
/`Sec. 1705. Temporary program for rapid deployment of
renewable energy and electric power transmission projects.'./
/ Sec. 405. Weatherization Program Amendments. (a) Income Level-
Section 412(7) of the Energy Conservation and Production Act (42
U.S.C. 6862(7)) is amended by striking `150 percent' both places
it appears and inserting `200 percent'./
/ (b) Assistance Level Per Dwelling Unit- Section 415(c)(1) of the
Energy Conservation and Production Act (42 U.S.C. 6865(c)(1)) is
amended by striking `$2,500' and inserting `$5,000'./
/ (c) Training and Technical Assistance- Section 416 of the Energy
Conservation and Production Act (42 U.S.C. 6866) is amended by
striking `10 percent' and inserting `up to 20 percent'./
/ Sec. 406. Technical Corrections to Public Utility Regulatory
Policies Act of 1978. (a) Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
redesignating paragraph (16) relating to consideration of smart
grid investments (added by section 1307(a) of Public Law 110-140)
as paragraph (18) and by redesignating paragraph (17) relating to
smart grid information (added by section 1308(a) of Public Law
110-140) as paragraph (19)./
/ (b) Subsections (b) and (d) of section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) are each amended
by striking `(17) through (18)' in each place it appears and
inserting `(16) through (19)'./
/TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT/
/DEPARTMENT OF THE TREASURY/
/Community Development Financial Institutions Fund Program Account/
/ For an additional amount for `Community Development Financial
Institutions Fund Program Account', $250,000,000, to remain
available until September 30, 2010, for qualified applicants under
the fiscal year 2008 and 2009 funding rounds of the Community
Development Financial Institutions Program, of which up to
$20,000,000 may be for financial assistance, technical assistance,
training and outreach programs, including up to $5,000 for
subsistence expenses, 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
$5,000,000 may be used for administrative expenses: /Provided,/
That for purposes of the fiscal year 2008 and 2009 funding rounds,
the following statutory provisions are hereby waived: 12 U.S.C.
4707(e) and 12 U.S.C. 4707(d): /Provided further,/ That no
awardee, together with its subsidiaries and affiliates, may be
awarded more than 15 percent of the aggregate funds available
during each of fiscal years 2008 and 2009 from the Community
Development Financial Institutions Program: /Provided further,/
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./
/DISTRICT OF COLUMBIA/
/Federal Payments/
/federal payment to the district of columbia water and sewer
authority/
/ For a Federal payment to the District of Columbia Water and
Sewer Authority, $125,000,000, to remain available until September
30, 2010, to continue implementation of the Combined Sewer
Overflow Long-Term Control Plan: /Provided,/ That the District of
Columbia Water and Sewer Authority provide a 100 percent match for
this payment: /Provided further,/ That no later than 60 days after
the date of enactment of this Act, the District of Columbia Water
and Sewer Authority 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:
/Provided further,/ That such expenditure plan shall include a
description of each specific project, how specific projects will
further the objectives of the Long-Term Control Plan, and all
funding sources for each project./
/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, $5,548,000,000, to carry out the purposes of the
Fund, of which not less than $1,400,000,000 shall be available for
Federal buildings and United States courthouses, not less than
$1,200,000,000 shall be available for border stations, and not
less than $2,500,000,000 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: /Provided,/ That not
to exceed $108,000,000 of the amounts provided under this heading
may be expended for rental of space, related to leasing of
temporary space in connection with projects funded under this
heading: /Provided further,/ That not to exceed $127,000,000 of
the amounts provided under this heading may be expended for
building operations, for the administrative costs of completing
projects funded under this heading: /Provided further,/ That not
less than $5,000,000,000 of the funds provided under this heading
shall be obligated by September 30, 2010: /Provided further,/ That
the Administrator of General Services is authorized to initiate
design, construction, repair, alteration, and other projects
through existing authorities of the Administrator: /Provided
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 60 days of
enactment of this Act: /Provided further,/ That of the amounts
provided for converting GSA facilities to High-Performance Green
Buildings, $4,000,000 shall be transferred to and merged with
`Government-Wide Policy', for carrying out the provisions of
section 436 of the Energy Independence and Security Act of 2007
(Public Law 110-140), establishing an Office of Federal
High-Performance Green Buildings, to remain available until
September 30, 2010: /Provided further,/ That within the overall
amount to be deposited into the Fund, $448,000,000 shall remain
available until September 30, 2011, for the development and
construction of the headquarters for the Department of Homeland
Security, except that none of the preceding provisos shall apply
to amounts made available under this proviso./
/Energy-Efficient Federal Motor Vehicle Fleet Procurement/
/ For capital expenditures and necessary expenses of acquiring
motor vehicles with higher fuel economy, including: hybrid
vehicles; neighborhood electric vehicles; electric vehicles; and
commercially-available, plug-in hybrid vehicles, $300,000,000, to
remain available until September 30, 2011./
/Office of Inspector General/
/ For an additional amount for the Office of the Inspector
General, to remain available until September 30, 2011, $2,000,000
and an additional $5,000,000 for such purposes, to remain
available until September 30, 2012./
/RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD/
/ For necessary expenses of the Recovery Act Accountability and
Transparency Board to carry out the provisions of title XV of this
Act, $7,000,000, to remain available until September 30, 2010./
/SMALL BUSINESS ADMINISTRATION/
/Salaries and Expenses/
/ For an additional amount, to remain available until September
30, 2010, $84,000,000, of which $24,000,000 is for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program, of which $15,000,000
is for lender oversight activities as authorized in section 501(c)
of this title, and of which $20,000,000 is for improving,
streamlining, and automating information technology systems
related to lender processes and lender oversight: /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./
/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, 2011./
/Surety Bond Guarantees Revolving Fund/
/ For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958,
$15,000,000, to remain available until expended./
/Business Loans Program Account/
/ For an additional amount for the cost of direct loans,
$6,000,000, to remain available until September 30, 2010, and for
an additional amount for the cost of guaranteed loans,
$615,000,000, to remain available until September 30, 2010:
/Provided,/ That of the amount for the cost of guaranteed loans,
$515,000,000 shall be for loan subsidies and loan modifications
for loans to small business concerns authorized in section 501(a)
of this title; and $100,000,000 shall be for loan subsidies and
loan modifications for loans to small business concerns authorized
in section 501(b) of this title: /Provided further,/ That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974./
/Administrative Provisions--Small Business Administration/
/ Sec. 501. Economic Stimulus for Small Business Concerns. (a)
Temporary Fee Elimination for the 7(a) Loan Program- Until
September 30, 2010, and to the extent that the cost of such
elimination of fees is offset by appropriations, with respect to
each loan guaranteed under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) for which the application is approved on or
after the date of enactment of this Act, the Administrator shall--/
/ (1) in lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee; and/
/ (2) in lieu of the fee otherwise applicable under section
7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee./
/ (b) Temporary Fee Elimination for the 504 Loan Program- /
/ (1) IN GENERAL- Until September 30, 2010, and to the
extent the cost of such elimination in fees is offset by
appropriations, with respect to each project or loan
guaranteed by the Administrator under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 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 Act of 1958 (15 U.S.C.
697(d)(2)), collect no fee;/
/ (B) a development company shall, in lieu of the
processing fee under section 120.971(a)(1) of title
13, Code of Federal Regulations (relating to fees paid
by borrowers), or any successor thereto, collect no fee./
/ (2) REIMBURSEMENT FOR WAIVED FEES- /
/ (A) IN GENERAL- To the extent that the cost of such
payments is offset by appropriations, the
Administrator shall reimburse each development company
that does not collect a processing fee pursuant to
paragraph (1)(B)./
/ (B) AMOUNT- The payment to a development company
under subparagraph (A) shall be in an amount equal to
1.5 percent of the net debenture proceeds for which
the development company does not collect a processing
fee pursuant to paragraph (1)(B)./
/ (c) Temporary Fee Elimination of Lender Oversight Fees- Until
September 30, 2010, and to the extent the cost of such elimination
in fees is offset by appropriations, the Administrator shall, in
lieu of the fee otherwise applicable under section 5(b)(14) of the
Small Business Act (15 U.S.C. 634(b)(14)), collect no fee./
/ (d) Application of Fee Eliminations- The Administrator shall
eliminate fees under subsections (a), (b), and (c) until the
amount provided for such purposes, as applicable, under the
headings `Salaries and Expenses' and `Business Loans Program
Account' under the heading `Small Business Administration' under
this Act are expended./
/ Sec. 502. Financial Assistance Program Improvements. (a) 7(a)
Loan Maximum Amount- Section 7(a)(3)(A) of the Small Business Act
(15 U.S.C. 636(a)(3)(A)) is amended by striking `$1,500,000 (or if
the gross loan amount would exceed $2,000,000)' and inserting
`$2,250,000 (or if the gross loan amount would exceed $3,000,000)'./
/ (b) Small Business Investment Companies- /
/ (1) MAXIMUM LEVERAGE- Section 303(b) of the Small Business
Investment Act of 1958 (15 U.S.C. 683(b)) is amended--/
/ (A) in paragraph (2), by striking subparagraphs (A),
(B), and (C) and inserting the following:/
/ `(A) IN GENERAL- The maximum amount of outstanding
leverage made available to any 1 company licensed
under section 301(c) may not exceed the lesser of--/
/ `(i) 300 percent of the private capital of the
company; or/
/ `(ii) $150,000,000./
/ `(B) MULTIPLE LICENSES UNDER COMMON CONTROL- The
maximum amount of outstanding leverage made available
to 2 or more companies licensed under section 301(c)
that are commonly controlled (as determined by the
Administrator) may not exceed $225,000,000./
/ `(C) INVESTMENTS IN LOW-INCOME GEOGRAPHIC AREAS- /
/ `(i) IN GENERAL- The maximum amount of
outstanding leverage made available to--/
/ `(I) any 1 company described in clause
(ii) may not exceed the lesser of--/
/ `(aa) 300 percent of private capital of the company; or/
/ `(bb) $175,000,000; and/
/ `(II) 2 or more companies described in
clause (ii) that are commonly controlled
(as determined by the Administrator) may
not exceed $250,000,000./
/ `(ii) APPLICABILITY- A company described in
this clause is a company licensed under section
301(c) that certifies in writing that not less
than 50 percent of the dollar amount of
investments of that company shall be made in
companies that are located in a low-income
geographic area (as that term is defined in
section 351).'; and/
/ (B) by striking paragraph (4)./
/ (2) INVESTMENTS IN SMALLER ENTERPRISES- Section 303(d) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(d))
is amended to read as follows:/
/ `(d) 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.'./
/ (3) MAXIMUM INVESTMENT IN A COMPANY- Section 306(a) of the
Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is
amended by striking `20 per centum' and inserting `30 percent'./
/ (c) Maximum 504 Loan Size- Section 502(2)(A) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended--/
/ (1) in clause (i), by striking `$1,500,000' and inserting
`$3,000,000';/
/ (2) in clause (ii), by striking `$2,000,000' and inserting
`$3,500,000'; and/
/ (3) in clause (iii), by striking `$4,000,000' and
inserting `$5,500,000'./
/ Sec. 503. Low-Interest Refinancing. Section 502 of the Small
Business Investment Act of 1958 (15 U.S.C. 696) is amended by
adding at the end the following:/
/ `(7) PERMISSIBLE DEBT FINANCING- A financing under this
title may include refinancing of existing indebtedness, in
an amount not to exceed 50 percent of the projected cost of
the project financed under this title, if--/
/ `(A) the project financed under this title involves
the expansion of a small business concern;/
/ `(B) the existing indebtedness is collateralized by
fixed assets;/
/ `(C) the existing indebtedness was incurred for the
benefit of the small business concern;/
/ `(D) the proceeds of the existing indebtedness were
used to acquire land (including a building situated
thereon), to construct or expand a building thereon,
or to purchase equipment;/
/ `(E) the borrower has been current on all payments
due on the existing indebtedness for not less than 1
year preceding the proposed date of refinancing;/
/ `(F) the financing under this title will provide
better terms or a better rate of interest than exists
on the existing indebtedness on the proposed date of
refinancing;/
/ `(G) the financing under this title is not being
used to refinance any debt guaranteed by the
Government; and/
/ `(H) the financing under this title will be used
only for--/
/ `(i) refinancing existing indebtedness; or/
/ `(ii) costs relating to the project financed
under this title.'./
/ Sec. 504. Definitions. Under the heading `Small Business
Administration' in this title--/
/ (1) the terms `Administration' and `Administrator' mean
the Small Business Administration and the Administrator
thereof, respectively;/
/ (2) the term `development company' has the meaning given
the term `development companies' in section 103 of the Small
Business Investment Act of 1958 (15 U.S.C. 662); and/
/ (3) the term `small business concern' has the same meaning
as in section 3 of the Small Business Act (15 U.S.C. 632)./
/SEC. 505. SURETY BONDS./
/ (a) Maximum Bond Amount- Section 411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended--/
/ (1) by inserting `(A)' after `(1)';/
/ (2) by striking `$2,000,000' and inserting `$5,000,000'; and/
/ (3) by adding at the end the following:/
/ `(B) The Administrator may guarantee a surety under subparagraph
(A) for a total work order or contract amount that does not exceed
$10,000,000, if a contracting officer of a Federal agency
certifies that such a guarantee is necessary.'./
/ (b) Size Standards- Section 410 of the Small Business Investment
Act of 1958 (15 U.S.C. 694a) is amended by adding at the end the
following:/
/ `(9) Notwithstanding any other provision of law or any
rule, regulation, or order of the Administration, for
purposes 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.'./
/ (c) Sunset- The amendments made by this section shall remain in
effect until September 30, 2010./
/ Sec. 506- Office of Inspector General. For an additional amount
for `Treasury Office of Inspector General for Tax Administration',
$7,000,000, to remain available until September 30, 2012, for
oversight and audit of programs grants and activities funded under
this title./
/TITLE VI--DEPARTMENT OF HOMELAND SECURITY/
/DEPARTMENT OF HOMELAND SECURITY/
/Office of the Under Secretary for Management/
/ For an additional amount for the `Office of the Under Secretary
for Management', $198,000,000, to remain available until September
30, 2011, solely for planning, design, and construction costs,
including site security, information technology infrastructure,
fixtures, and related costs to consolidate the Department of
Homeland Security headquarters: /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./
/office of inspector general/
/ For an additional amount for the `Office of Inspector General',
$5,000,000, to remain available until September 30, 2012, for
oversight and audit of programs, grants, and projects funded under
this title./
/U.S. Customs and Border Protection/
/salaries and expenses/
/ For an additional amount for `Salaries and Expenses',
$198,000,000, to remain available until September 30, 2010, of
which $100,800,000 shall be for the procurement and deployment of
non-intrusive inspection systems to improve port security; and of
which $97,200,000 shall be for procurement and deployment of
tactical communications equipment and radios: /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./
/border security fencing, infrastructure, and technology/
/ For an additional amount for `Border Security Fencing,
Infrastructure, and Technology', $200,000,000, to remain available
until September 30, 2010, for expedited development and deployment
of border security technology on the Southwest border: /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./
/construction/
/ For an additional amount for `Construction', $800,000,000, to
remain available until expended, solely for planning, management,
design, alteration, and construction of U.S. Customs and Border
Protection owned land border ports of entry: /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./
/U.S. Immigration and Customs Enforcement/
/automation modernization/
/ For an additional amount for `Automation Modernization',
$27,800,000, to remain available until September 30, 2010, for the
procurement and deployment of tactical communications equipment
and radios: /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./
/Transportation Security Administration/
/aviation security/
/ For an additional amount for `Aviation Security',
$1,000,000,000, to remain available until September 30, 2010, for
procurement and installation of checked baggage explosives
detection systems and checkpoint explosives detection equipment:
/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./
/Coast Guard/
/acquisition, construction, and improvements/
/ For an additional amount for `Acquisition, Construction, and
Improvements', $450,000,000, to remain available until September
30, 2010, of which $195,000,000 shall be for shore facilities and
aids to navigation facilities; and of which $255,000,000 shall be
for priority procurements due to materials and labor cost
increases, and to repair, renovate, assess, or improve vessels:
/Provided,/ That amounts made available for the activities under
this heading shall be available for all necessary expenses related
to the oversight and management of such activities: /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./
/alteration of bridges/
/ For an additional amount for `Alteration of Bridges',
$240,400,000, to remain available until September 30, 2010, for
alteration or removal of obstructive bridges, as authorized by
section 6 of the Truman-Hobbs Act (33 U.S.C. 516): /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./
/Federal Emergency Management Agency/
/management and administration/
/ For an additional amount for `Management and Administration',
$6,000,000 for the acquisition of communications response vehicles
to be deployed in response to a disaster or a national security
event./
/state and local programs/
/ For an additional amount for grants, $950,000,000, to be
allocated as follows:/
/ (1) $100,000,000, to remain available until September 30,
2010, for Public Transportation Security Assistance,
Railroad Security Assistance, and Systemwide Amtrak Security
Upgrades under sections 1406, 1513, and 1514 of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1164)./
/ (2) $100,000,000, to remain available until September 30,
2010, for Port Security Grants in accordance with 46 U.S.C.
70107, notwithstanding 46 U.S.C. 70107(c)./
/ (3) $250,000,000, to remain available until September 30,
2010, for upgrading, modifying, or constructing emergency
operations centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
notwithstanding section 614(c) of that Act or for upgrading,
modifying, or constructing State and local fusion centers as
defined by section 210A(j)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 124h(j)(1))./
/ (4) $500,000,000 for construction to upgrade or modify
critical infrastructure, as defined in section 1016(e) of
the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)), to
mitigate consequences related to potential damage from
all-hazards: /Provided,/ That funds in this paragraph shall
remain available until September 30, 2011: /Provided
further,/ That 5 percent shall be for program
administration: /Provided further,/ That no later than 60
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./
/firefighter assistance grants/
/ For an additional amount for competitive grants, $500,000,000,
to remain available until September 30, 2010, for modifying,
upgrading, or constructing State and local fire stations:
/Provided,/ That up to 5 percent shall be for program
administration: /Provided further,/ That no grant shall exceed
$15,000,000./
/disaster assistance direct loan program account/
/ Notwithstanding section 417(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, the amount of any
such loan issued pursuant to this section for major disasters
occurring in calendar year 2008 may exceed $5,000,000, and may be
equal to not more than 50 percent of the annual operating budget
of the local government in any case in which that local government
has suffered a loss of 25 percent or more in tax revenues:
/Provided,/ That the cost of modifying such loans shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a)./
/emergency food and shelter/
/ For an additional amount to carry out the emergency food and
shelter program pursuant to title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11331 et seq.), $100,000,000:
/Provided,/ That total administrative costs shall not exceed 3.5
percent of the total amount made available under this heading./
/Federal Law Enforcement Training Center/
/acquisition, construction, improvements, and related expenses/
/ For an additional amount for `Acquisition, Construction,
Improvements, and Related Expenses', $15,000,000, to remain
available until September 30, 2010, for security systems and law
enforcement upgrades for all Federal Law Enforcement Training
Center facilities: /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./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 601. 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, Rita, Gustav, and
Ike within the Gulf Coast Region. The arbitration panel shall have
sufficient authority regarding the award or denial of disputed
public assistance applications for covered hurricane damage under
section 403, 406, or 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173) for
a project the total amount of which is more than $500,000./
/ Sec. 602. 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
eligible for hazard mitigation grant program assistance under
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) without approval in
writing from the Administrator./
/TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES/
/DEPARTMENT OF THE INTERIOR/
/Bureau of Land Management/
/management of lands and resources/
/ For an additional amount for `Management of Lands and
Resources', $135,000,000, to remain available until September 30,
2010./
/construction/
/ For an additional amount for `Construction', $180,000,000, to
remain available until September 30, 2010./
/wildland fire management/
/ For an additional amount for `Wildland Fire Management',
$15,000,000, to remain available until September 30, 2010./
/United States Fish and Wildlife Service/
/resource management/
/ For an additional amount for `Resource Management',
$165,000,000, to remain available until September 30, 2010./
/construction/
/ For an additional amount for `Construction', $110,000,000, to
remain available until September 30, 2010./
/National Park Service/
/operation of the national park system/
/ For an additional amount for `Operation of the National Park
System', $158,000,000, to remain available until September 30, 2010./
/construction/
/ For an additional amount for `Construction', $589,000,000, to
remain available until September 30, 2010./
/United States Geological Survey/
/surveys, investigations, and research/
/ For an additional amount for `Surveys, Investigations, and
Research', $135,000,000, to remain available until September 30,
2010./
/Bureau of Indian Affairs/
/operation of indian programs/
/ For an additional amount for `Operation of Indian Programs',
$40,000,000, to remain available until September 30, 2010, of
which $20,000,000 shall be for the housing improvement program./
/construction/
/ For an additional amount for `Construction', $522,000,000, to
remain available until September 30, 2010./
/indian guaranteed loan program account/
/ For an additional amount for `Indian Guaranteed Loan Program
Account', $10,000,000, to remain available until September 30, 2010./
/DEPARTMENTAL OFFICES/
/Insular Affairs/
/assistance to territories/
/ For an additional amount for `Assistance to Territories',
$62,000,000, to remain available until September 30, 2010./
/Office of Inspector General/
/salaries and expenses/
/ For an additional amount for `Office of Inspector General',
$7,600,000, to remain available until September 30, 2011, and an
additional $7,400,000 for such purposes, to remain available until
September 30, 2011./
/Department-Wide Programs/
/central hazardous materials fund/
/ For an additional amount for `Central Hazardous Materials Fund',
$20,000,000, to remain available until September 30, 2010./
/ENVIROMENTAL PROTECTION AGENCY/
/Hazardous Substance Superfund/
/(including transfers of funds)/
/ For an additional amount for `Hazardous Substance Superfund',
$600,000,000, to remain available until September 30, 2010, as a
payment from general revenues to the Hazardous Substance
Superfund, to carry out remedial actions: /Provided,/ That the
Administrator may retain up to 2 percent of the funds appropriated
herein for Superfund remedial actions for program oversight and
support purposes, and may transfer those funds to other accounts
as needed./
/Leaking Underground Storage Tank Trust Fund Program/
/ For an additional amount for `Leaking Underground Storage Tank
Trust Fund Program', $200,000,0000, to remain available until
September 30, 2010, for cleanup activities: /Provided,/ That none
of these funds shall be subject to cost share requirements./
/State and Tribal Assistance Grants/
/(including transfers of funds)/
/ For an additional amount for `State and Tribal Assistance
Grants', $6,400,000,000, to remain available until September 30,
2010, of which $4,000,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act, as amended; of which
$2,000,000,000 shall be for making capitalization grants for the
Drinking Water State Revolving Fund under section 1452 of the Safe
Drinking Water Act, as amended; of which $100,000,000 shall be
available for Brownfields remediation grants pursuant to section
104(k)(3) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended; and of which
$300,000,000 shall be for Diesel Emission Reduction Act grants
pursuant to title VII, subtitle G of the Energy Policy Act of
2005, as amended: /Provided,/ That notwithstanding the priority
ranking they would otherwise receive under each program, priority
for funds appropriated herein for the Clean Water State Revolving
Funds and Drinking Water State Revolving Funds (Revolving Funds)
shall be allocated to projects that are ready to proceed to
construction within 180 days of enactment of this Act: /Provided
further,/ That the Administrator of the Environmental Protection
Agency (Administrator) may reallocate funds appropriated herein
for the Revolving Funds that are not under binding commitments to
proceed to construction within 180 days of enactment of this Act:
/Provided further,/ That notwithstanding any other provision of
law, financial assistance provided from funds appropriated herein
for the Revolving Funds may include additional subsidization,
including forgiveness of principal and negative interest loans:
/Provided further,/ That not less than 15 percent of the funds
appropriated herein for the Revolving Funds shall be designated
for green infrastructure, water efficiency improvements or other
environmentally innovative projects: /Provided further,/ That
notwithstanding the limitation on amounts specified in section
518(c) of the Federal Water Pollution Control Act, up to a total
of 1.5 percent of the funds appropriated herein for the Clean
Water State Revolving Funds may be reserved by the Administrator
for tribal grants under section 518(c) of such Act: /Provided
further,/ That section 1452(k) of the Safe Drinking Water Act
shall not apply to amounts appropriated herein for the Drinking
Water State Revolving Funds: /Provided further,/ That the
Administrator may exceed the 30 percent limitation on State grants
for funds appropriated herein for Diesel Emission Reduction Act
grants if the Administrator determines such action will expedite
allocation of funds: /Provided further,/ That none of the funds
appropriated herein shall be subject to cost share requirements:
/Provided further,/ That the Administrator may retain up to 0.25
percent of the funds appropriated herein for the Clean Water State
Revolving Funds and Drinking Water State Revolving Funds and up to
1.5 percent of the funds appropriated herein for the Diesel
Emission Reduction Act grants program for program oversight and
support purposes and may transfer those funds to other accounts as
needed./
/DEPARTMENT OF AGRICULTURE/
/Forest Service/
/capital improvement and maintenance/
/ For an additional amount for `Capital Improvement and
Maintenance', $650,000,000, to remain available until September
30, 2010, which shall include remediation of abandoned mine sites
and support costs necessary to carry out this work./
/wildland fire management/
/ For an additional amount for `Wildland Fire Management',
$485,000,000, to remain available until September 30, 2010, for
hazardous fuels reduction and hazard mitigation activities in
areas at high risk of catastrophic wildfire, of which $260,000,000
is available for work on State and private lands using all the
authorities available to the Forest Service: /Provided,/ That of
the funds provided for State and private land fuels reduction
activities, up to $50,000,000 may be used to make grants for the
purpose of creating incentives for increased use of biomass from
national forest lands./
/DEPARTMENT OF HEALTH AND HUMAN SERVICES/
/Indian Health Service/
/indian health services/
/ For an additional amount for `Indian Health Services',
$135,000,000, to remain available until September 30, 2010, of
which $50,000,000 is for contract health services; and of which
$85,000,000 is for health information technology: /Provided,/ That
the amount made available for health information technology
activities may be used for both telehealth services development
and related infrastructure requirements that are typically funded
through the `Indian Health Facilities' account: /Provided
further,/ That notwithstanding any other provision of law, health
information technology funds provided within this title shall be
allocated at the discretion of the Director of the Indian Health
Service./
/indian health facilities/
/ For an additional amount for `Indian Health Facilities',
$410,000,000, to remain available until September 30, 2010:
/Provided,/ That for the purposes of this Act, spending caps
included within the annual appropriation for `Indian Health
Facilities' for the purchase of medical equipment shall not apply./
/SMITHSONIAN INSTITUTION/
/Facilities Capital/
/ For an additional amount for `Facilities Capital', $75,000,000,
to remain available until September 30, 2010./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 701. (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) 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)./
/ Sec. 702. In carrying out the work for which funds in this title
are being made available, the Secretary of the Interior and the
Secretary of Agriculture may utilize the Public Lands Corps, Youth
Conservation Corps, Job Corps and other related partnerships with
Federal, State, local, tribal or non-profit groups that serve
young adults./
/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/
/ For an additional amount for `Training and Employment Services'
for activities authorized by the Workforce Investment Act of 1998
(`WIA'), $3,250,000,000, which shall be available on the date of
enactment of this Act, as follows:/
/ (1) $500,000,000 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,/ That a priority use of these funds shall be
services to individuals described in 134(d)(4)(E) of the WIA;/
/ (2) $1,200,000,000 for grants to the States for youth
activities, including summer employment for youth:
/Provided,/ That no portion of such funds shall be reserved
to carry out section 127(b)(1)(A) of the WIA: /Provided
further,/ That for purposes of section 127(b)(1)(C)(iv) of
the WIA, funds available for youth activities shall be
allotted as if the total amount available for youth
activities in the fiscal year does not exceed
$1,000,000,000: /Provided further,/ That, with respect to
the youth activities provided with such funds, section
101(13)(A) of the WIA shall be applied by substituting `age
24' for `age 21': /Provided further,/ That the work
readiness performance indicator described in section
136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of
performance used to assess the effectiveness of youth
activities provided with such funds;/
/ (3) $1,000,000,000 for grants to the States for dislocated
worker employment and training activities;/
/ (4) $200,000,000 for national emergency grants;/
/ (5) $250,000,000 under the dislocated worker national
reserve for a program of competitive grants for worker
training in high growth and emerging industry sectors and
assistance under 132(b)(2)(A) of the WIA: /Provided,/ That
the Secretary of Labor shall give priority when awarding
such grants to projects that prepare workers for careers in
energy efficiency and renewable energy as described in
section 171(e)(1)(B) of the WIA and for careers in the
health care sector; and/
/ (6) $100,000,000 for YouthBuild activities as described in
section 173A of the WIA: /Provided,/ That for program years
2008 and 2009, the YouthBuild program may serve an
individual who has dropped out of high school and
re-enrolled in an alternative school, if that re-enrollment
is part of a sequential service strategy:/
/ /Provided,/ That funds made available in this paragraph
shall remain available through June 30, 2010: /Provided
further,/ That a local board may award a contract to an
institution of higher education if the local board
determines that it would facilitate the training of multiple
individuals in high-demand occupations, if such contract
does not limit customer choice./
/community service employment for older americans/
/ For an additional amount for `Community Service Employment for
Older Americans' for carrying out title V of the Older Americans
Act of 1965, $120,000,000, which shall be available on the date of
enactment of this Act and shall remain available through June 30,
2010: /Provided,/ That funds shall be allotted within 30 days of
such enactment to current grantees in proportion to their
allotment in program year 2008: /Provided further,/ That funds
made available under this heading in this Act may, in accordance
with section 517(c) of the Older Americans Act of 1965, be
recaptured and reobligated./
/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: /Provided,/ That such funds shall be
available on the date of enactment of this Act and remain
available to the States through September 30, 2010: /Provided
further,/ That $250,000,000 of such funds shall be used by States
for reemployment services for unemployment insurance claimants
(including the integrated Employment Service and Unemployment
Insurance information technology required to identify and serve
the needs of such claimants): /Provided further,/ That the
Secretary of Labor shall establish planning and reporting
procedures necessary to provide oversight of funds used for
reemployment services./
/Departmental Management/
/office of job corps/
/ For an additional amount for `Office of Job Corps' for
construction, alteration and repairs of buildings and other
facilities, $160,000,000, which shall remain available through
June 30, 2010: /Provided,/ That the Secretary of Labor may
transfer up to 15 percent of such funds to meet the operational
needs of Job Corps Centers, which may include training for careers
in the energy efficiency, renewable energy, and environmental
protection industries: /Provided further,/ That not later than 90
days after the date of enactment of this Act, the Secretary shall
provide to the Committee on Appropriations of the House of
Representatives and the Senate an operating plan describing the
planned uses of funds available in this paragraph./
/office of inspector general/
/ For an additional amount for the `Office of Inspector General',
$3,000,000, which shall remain available through September 30,
2011, for salaries and expenses necessary for oversight and audit
of programs, grants, and projects funded in this Act and
administered by the Department of Labor./
/DEPARTMENT OF HEALTH AND HUMAN SERVICES/
/Health Resources and Services Administration/
/health resources and services/
/ For an additional amount for `Health Resources and Services',
$1,958,000,000, which shall remain available through September 30,
2010, of which $88,000,000 shall be for necessary expenses related
to leasing and renovating a headquarters building for Public
Health Service agencies and other components of the Department of
Health and Human Services, including renovation and fit-out costs,
and of which $1,870,000,000 shall be for grants for construction,
renovation and equipment for health centers receiving operating
grants under section 330 of the Public Health Service Act,
notwithstanding the limitation in section 330(e)(3)./
/Centers for Disease Control and Prevention/
/disease control, research, and training/
/ For an additional amount for `Disease Control, Research, and
Training' for acquisition of real property, equipment,
construction, and renovation of facilities, including necessary
repairs and improvements to leased laboratories, $412,000,000,
which shall remain available through September 30, 2010:
/Provided,/ That notwithstanding any other provision of law, the
Centers for Disease Control and Prevention may award a single
contract or related contracts for development and construction of
facilities that collectively include the full scope of the
project: /Provided further,/ That the solicitation and contract
shall contain the clause `availability of funds' found at 48 CFR
52.232-18./
/National Institutes of Health/
/national center for research resources/
/ For an additional amount for `National Center for Research
Resources', $300,000,000, which shall be available through
September 30, 2010, for shared instrumentation and other capital
research equipment./
/office of the director/
/(including transfer of funds)/
/ For an additional amount for `Office of the Director',
$2,700,000,000, which shall be available through September 30,
2010: /Provided,/ That $1,350,000,000 shall be transferred to the
Institutes and Centers of the National Institutes of Health and to
the Common Fund established under section 402A(c)(1) of the Public
Health Service Act in proportion to the appropriations otherwise
made to such Institutes, Centers, and Common Fund for fiscal year
2009: /Provided further,/ That these funds shall be used to
support additional scientific research and shall be merged with
and be available for the same purposes as the appropriation or
fund to which transferred: /Provided further,/ That this transfer
authority is in addition to any other transfer authority available
to the National Institutes of Health: /Provided further,/ That
none of these funds may be transferred to `National Institutes of
Health--Buildings and Facilities', the Center for Scientific
Review, the Center for Information Technology, the Clinical
Center, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or
the Office of the Director (except for the transfer to the Common
Fund)./
/ The additional amount available for `Office of the Director' in
the previous sentence shall be increased by $6,500,000,000:
/Provided/, That a total of $7,850,000,000 shall be transferred
pursuant to such sentence: /Provided further/, That any amounts in
this sentence shall be designated as an emergency requirement and
necessary to meet emergency needs pursuant to section 204(a) of S.
Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con.
Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009./
/buildings and facilities/
/ For an additional amount for `Buildings and Facilities',
$500,000,000, which shall be available through September 30, 2010,
to fund high-priority repair, construction and improvement
projects for National Institutes of Health facilities on the
Bethesda, Maryland campus and other agency locations./
/Agency for Healthcare Research and Quality/
/healthcare research and quality/
/(including transfer of funds)/
/ For an additional amount for `Healthcare Research and Quality'
to carry out titles III and IX of the Public Health Service Act,
part A of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $700,000,000 for comparative clinical effectiveness
research, which shall remain available through September 30, 2010:
/Provided,/ That of the amount appropriated in this paragraph,
$400,000,000 shall be transferred to the Office of the Director of
the National Institutes of Health (`Office of the Director') to
conduct or support comparative clinical effectiveness research
under section 301 and title IV of the Public Health Service Act:
/Provided further,/ That funds transferred to the Office of the
Director may be transferred to the Institutes and Centers of the
National Institutes of Health and to the Common Fund established
under section 402A(c)(1) of the Public Health Service Act:
/Provided further,/ That this transfer authority is in addition to
any other transfer authority available to the National Institutes
of Health: /Provided further,/ That within the amount available in
this paragraph for the Agency for Healthcare Research and Quality,
not more than 1 percent shall be made available for additional
full-time equivalents./
/ In addition, $400,000,000 shall be available for comparative
clinical effectiveness research to be allocated at the discretion
of the Secretary of Health and Human Services (`Secretary') and
shall remain available through September 30, 2010: /Provided,/
That the funding appropriated in this paragraph shall be used to
accelerate the development and dissemination of research assessing
the comparative clinical effectiveness of health care treatments
and strategies, including through efforts that: (1) conduct,
support, or synthesize research that compares the clinical
outcomes, effectiveness, and appropriateness of items, services,
and procedures that are used to prevent, diagnose, or treat
diseases, disorders, and other health conditions and (2) encourage
the development and use of clinical registries, clinical data
networks, and other forms of electronic health data that can be
used to generate or obtain outcomes data: /Provided further,/ That
the Secretary shall enter into a contract with the Institute of
Medicine, for which no more than $1,500,000 shall be made
available from funds provided in this paragraph, to produce and
submit a report to the Congress and the Secretary by not later
than June 30, 2009 that includes recommendations on the national
priorities for comparative clinical effectiveness research to be
conducted or supported with the funds provided in this paragraph
and that considers input from stakeholders: /Provided further,/
That the Secretary shall consider any recommendations of the
Federal Coordinating Council for Comparative Clinical
Effectiveness Research established by section 802 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 clinical effectiveness research: /Provided further,/
That the Secretary shall publish information on grants and
contracts awarded with the funds provided under this heading
within a reasonable time of the obligation of funds for such
grants and contracts and shall disseminate research findings from
such grants and contracts to clinicians, patients, and the general
public, as appropriate: /Provided further,/ That, to the extent
feasible, the Secretary shall ensure that the recipients of the
funds provided by this paragraph offer an opportunity for public
comment on the research: /Provided further,/ That the 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./
/Administration for Children and Families/
/payments to states for the child care and development block grant/
/ For an additional amount for `Payments to States for the Child
Care and Development Block Grant' for carrying out the Child Care
and Development Block Grant Act of 1990, $2,000,000,000, which
shall remain available through September 30, 2010: /Provided,/
That funds provided under this heading shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: /Provided further,/ That,
in addition to the amounts required to be reserved by the States
under section 658G of such Act, $255,186,000 shall be reserved by
the States for activities authorized under section 658G, of which
$93,587,000 shall be for activities that improve the quality of
infant and toddler care./
/social services block grant/
/ For an additional amount for `Social Services Block Grant,'
$400,000,000: /Provided,/ That notwithstanding section 2003 of the
Social Security Act, funds shall be allocated to States on the
basis of unemployment: /Provided further,/ That these funds shall
be obligated to States within 60 calendar days from the date they
become available for obligation./
/children and families services programs/
/ For an additional amount for `Children and Families Services
Programs' for carrying out activities under the Head Start Act,
$500,000,000, which shall remain available through September 30,
2010. In addition, $550,000,000, which shall remain available
through September 30, 2010, is hereby appropriated for expansion
of Early Head Start programs, as described in section 645A of such
Act: /Provided,/ That of the funds provided in this sentence, up
to 10 percent shall be available for the provision of training and
technical assistance to such programs consistent with section
645A(g)(2) of such Act, and up to 3 percent shall be available for
monitoring the operation of such programs consistent with section
641A of such Act./
/ For an additional amount for `Children and Families Services
Programs' for carrying out activities under sections 674 through
679 of the Community Services Block Grant Act, $200,000,000, which
shall remain available through September 30, 2010: /Provided,/
That of the funds provided under this paragraph, no part shall be
subject to paragraph (3) of section 674(b) of such Act: /Provided
further,/ That not less than 5 percent of the funds allotted to a
State from the appropriation under this paragraph shall be used
under section 675C(b)(1) for benefits enrollment coordination
activities relating to the identification and enrollment of
eligible individuals and families in Federal, State and local
benefit programs./
/Administration on Aging/
/aging services programs/
/ For an additional amount for `Aging Services Programs,'
$100,000,000, of which $67,000,000 shall be for Congregate
Nutrition Services and $33,000,000 shall be for Home-Delivered
Nutrition Services: /Provided,/ That these funds shall remain
available through September 30, 2010./
/Office of the Secretary/
/office of the national coordinator for health information technology/
/(including transfer of funds)/
/ For an additional amount for `Office of the National Coordinator
for Health Information Technology', $3,000,000,000, to carry out
title XIII of this Act which shall be available until expended:
/Provided,/ That of this amount, the Secretary of Health and Human
Services shall transfer $20,000,000 to the Director of the
National Institute of Standards and Technology in the Department
of Commerce for continued work on advancing health care
information enterprise integration through activities such as
technical standards analysis and establishment of conformance
testing infrastructure so long as such activities are coordinated
with the Office of the National Coordinator for Health Information
Technology: /Provided further,/ That funds available under this
heading shall become available for obligation only upon submission
of an annual operating plan by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate:
/Provided further,/ That the 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 under this heading is available for obligation or
expenditure./
/office of the inspector general/
/ For an additional amount for the Office of the Inspector
General, $4,000,000 which shall remain available until September
30, 2012, and an additional $15,000,000 for such purposes, to
remain available until September 30, 2012./
/DEPARTMENT OF EDUCATION/
/Education for the Disadvantaged/
/ For an additional amount for carrying out title I of the
Elementary and Secondary Education Act of 1965, $12,400,000,000,
which shall be available through September 30, 2010: /Provided,/
That $5,500,000,000 shall be for targeted grants under section
1125, $5,500,000,000 shall be for education finance incentive
grants under section 1125A, and $1,400,000,000 shall be for school
improvement grants under section 1003(g): /Provided further/, That
each local educational agency receiving funds available under this
paragraph for sections 1125 and 1125A shall use not less than 15
percent of such funds for activities serving children who are
eligible pursuant to section 1115(b)(1)(A)(ii) and programs in
section 1112(b)(1)(K): /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 2008-2009 academic year./
/School Improvement Programs/
/ For an additional amount for `School Improvement Programs,'
$1,070,000,000, which shall be available through September 30,
2010, for carrying out activities authorized by part D of title II
of the Elementary and Secondary Education Act of 1965, and
subtitle B of title VII of the McKinney-Vento Homeless Assistance
Act (`McKinney-Vento'): /Provided,/ 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 2007-2008 school year relative to the number of
such children identified nationally during that school year:
/Provided further,/ That State educational agencies shall subgrant
the McKinney-Vento funds to local educational agencies on a
competitive basis or according to a formula based on the number of
homeless students identified by the local educational agencies in
the State: /Provided further,/ That the Secretary shall distribute
the McKinney-Vento funds to the States not later than 60 days
after the date of the enactment of this Act: /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./
/special education/
/ For an additional amount for `Special Education' for carrying
out parts B and C of the Individuals with Disabilities Education
Act (`IDEA'), $13,500,000,000, which shall remain available
through September 30, 2010: /Provided,/ That if every State, as
defined by section 602(31) of the IDEA, reaches its maximum
allocation under section 611(d)(3)(B)(iii) of the IDEA, and there
are remaining funds, such funds shall be proportionally allocated
to each State subject to the maximum amounts contained in section
611(a)(2) of the IDEA: /Provided further,/ That 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 amount for section 611(b)(2) of the
IDEA shall be equal to the lesser of the amount available for that
activity during fiscal year 2008, increased by the amount of
inflation as specified in section 619(d)(2)(B), or the percentage
increase in the funds appropriated under section 611(i): /Provided
further/, That each local educational agency receiving funds
available under this paragraph for part B shall use not less than
15 percent for special education and related services to children
described in section 619(a) of the IDEA./
/Rehabilitation Services and Disability Research/
/ For an additional amount for `Rehabilitation Services and
Disability Research' for providing grants to States to carry out
the Vocational Rehabilitation Services program under part B of
title I and parts B and C of chapter 1 and chapter 2 of title VII
of the Rehabilitation Act of 1973, $610,000,000, which shall
remain available through September 30, 2010: /Provided,/ That
$500,000,000 shall be available for part B of title I of the
Rehabilitation Act: /Provided further,/ That funds provided herein
shall not be considered in determining the amount required to be
appropriated under section 100(b)(1) of the Rehabilitation Act of
1973 in any fiscal year: /Provided further,/ That, notwithstanding
section 7(14)(A), the Federal share of the costs of vocational
rehabilitation services provided with the funds provided herein
shall be 100 percent./
/Student Financial Assistance/
/ For an additional amount for `Student Financial Assistance' to
carry out subpart 1 of part A of title IV of the Higher Education
Act of 1965, $13,869,000,000: /Provided,/ That such funds shall be
used to increase the maximum Pell Grant by $281 for award year
2009-2010, to increase the maximum Pell Grant by $400 for the
award year 2010-2011, and to reduce or eliminate the Pell Grant
shortfall: /Provided further,/ That these funds shall remain
available through September 30, 2011./
/ For an additional amount for `Student Financial Assistance' to
carry out part E of title IV of the Higher Education Act of 1965,
$61,000,000: /Provided,/ That these funds shall remain available
through September 30, 2010./
/Higher Education/
/ For an additional amount for `Higher Education' for carrying out
activities under part A of title II of the Higher Education Act of
1965, $50,000,000: /Provided,/ That these funds shall remain
available through September 30, 2010./
/Departmental Management/
/office of the inspector general/
/ For an additional amount for the `Office of the Inspector
General', $4,000,000, 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 and administered by the Department of Education and an
additional $10,000,000 for such purposes, to remain available
until September 30, 2012./
/RELATED AGENCIES/
/CORPORATION FOR NATIONAL AND COMMUNITY SERVICE/
/Operating Expenses/
/(including transfer of funds)/
/ For an additional amount for `Operating Expenses' to carry out
the Domestic Volunteer Service Act of 1973 (`1973 Act') and the
National and Community Service Act of 1990 (`1990 Act'),
$160,000,000, to remain available through September 30, 2010:
/Provided,/ That funds made available in this paragraph 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 of the
amount made available in this paragraph, not less than $6,000,000
shall be transferred to `Salaries and Expenses' for necessary
expenses relating to information technology upgrades: /Provided
further,/ That of the amount provided in this paragraph,
$10,000,000 shall be available for additional members in the
Civilian Community Corps authorized under subtitle E of title I of
the 1990 Act: /Provided further,/ That of the amount provided in
this paragraph, $1,000,000 shall be made available for a one-time
supplement grant to State commissions on national and community
service under section 126(a) of the 1990 Act without regard to the
limitation on Federal share under section 126(a)(2) of the 1990
Act: /Provided further,/ That of the amount made available in this
paragraph, not less than $13,000,000 shall be for research
activities authorized under subtitle H of title I of the 1990 Act:
/Provided further,/ That of the amount made available in this
paragraph, not less than $65,000,000 shall be for programs under
title I, part A of the 1973 Act: /Provided further,/ That funds
provided in the previous proviso shall not be made available in
connection with cost-share agreements authorized under section
192A(g)(10) of the 1990 Act: /Provided further/, That of the 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 further,/ That, except as provided herein and in
addition to requirements identified herein, funds provided in this
paragraph shall be subject to the terms and conditions under which
funds were appropriated in fiscal year 2008: /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 November 1, 2009, that detail the
allocation of resources and the increased number of members
supported by the AmeriCorps programs: /Provided further,/ That the
CEO shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a report on the actual
obligations, expenditures, and unobligated balances for each
activity funded under this heading not later than November 1,
2009, and every 6 months thereafter as long as funding provided
under this heading is available for obligation or expenditure./
/Office of the Inspector General/
/ For an additional amount for the Office of the Inspector
General, $1,000,000, which shall remain available until September
30, 2011./
/National Service Trust/
/(including transfer of funds)/
/ For an additional amount for `National Service Trust'
established under subtitle D of title I of the National and
Community Service Act of 1990 (`1990 Act'), $40,000,000, which
shall remain available until expended: /Provided,/ That the
Corporation for National and Community Service may transfer
additional funds from the amount provided within `Operating
Expenses' for grants made under subtitle C of 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 further,/ the amount appropriated for or transferred to
the National Service Trust may be invested under section 145(b) of
the 1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b)./
/SOCIAL SECURITY ADMINISTRATION/
/Limitation on Administrative Expenses/
/(including transfer of funds)/
/ For an additional amount for `Limitation on Administrative
Expenses', $890,000,000 shall be available as follows:/
/ (1) $750,000,000 shall remain available until expended for
necessary expenses of the replacement of the National
Computer Center and the information technology costs
associated with such Center: /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:
/Provided further,/ That unobligated balances of funds not
needed for this purpose may be used as described in
subparagraph (2); and/
/ (2) $140,000,000 shall be available through September 30,
2010 for information technology acquisitions and research,
which may include research and activities to facilitate the
adoption of electronic medical records in disability claims
and the transfer of funds to `Supplemental Security Income'
to carry out activities under section 1110 of the Social
Security Act: /Provided further,/ That not later than 10
days prior to the obligation of such funds, the Commissioner
shall provide to the Committees on Appropriations of the
House of Representatives and the Senate an operating plan
describing the planned uses of such funds./
/Office of Inspector General/
/ For an additional amount for the `Office of Inspector General',
$3,000,000, which shall remain available through September 30,
2012, for salaries and expenses necessary for oversight and audit
of programs, projects, and activities funded in this Act and
administered by the Social Security Administration./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 801. Report on the Impact of Past and Future Minimum Wage
Increases. (a) In General- Section 8104 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28; 121
Stat. 189) is amended to read as follows:/
/`SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE
INCREASES./
/ `(a) 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; and/
/ `(2) estimate the impact of any further wage increases on
rates of employment and the living standards of workers in
American Samoa and the Commonwealth of the Northern Mariana
Islands, with full consideration of the other factors that
may impact the rates of employment and the living standards
of workers, including assessing how the profitability of
major private sector firms may be impacted by wage increases
in comparison to other factors such as energy costs and the
value of tax benefits./
/ `(b) Report- No earlier than March 15, 2009, and not later than
April 15, 2009, the Government Accountability Office shall
transmit its first report to Congress concerning the findings of
the study required under subsection (a). The Government
Accountability Office shall transmit any subsequent reports to
Congress concerning the findings of a study required by subsection
(a) between March 15 and April 15 of each year./
/ `(c) Economic Information- To provide sufficient economic data
for the conduct of the study under subsection (a)--/
/ `(1) the Department of Labor shall include and separately
report on American Samoa and the Commonwealth of the
Northern Mariana Islands in its household surveys and
establishment surveys;/
/ `(2) the Bureau of Economic Analysis of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands
in its gross domestic product data; and/
/ `(3) the Bureau of the Census of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands
in its population estimates and demographic profiles from
the American Community Survey,/
/with the same regularity and to the same extent as the Department
or each Bureau collects and reports such data for the 50 States.
In the event that the inclusion of American Samoa and the
Commonwealth of the Northern Mariana Islands in such surveys and
data compilations requires time to structure and implement, the
Department of Labor, the Bureau of Economic Analysis, and the
Bureau of the Census (as the case may be) shall in the interim
annually report the best available data that can feasibly be
secured with respect to such territories. Such interim reports
shall describe the steps the Department or the respective Bureau
will take to improve future data collection in the territories to
achieve comparability with the data collected in the United
States. The Department of Labor, the Bureau of Economic Analysis,
and the Bureau of the Census, together with the Department of the
Interior, shall coordinate their efforts to achieve such
improvements.'./
/ (b) Effective Date- The amendment made by this section shall
take effect on the date of enactment of this Act./
/ Sec. 802. Federal Coordinating Council for Comparative Clinical
Effectiveness Research. (a) Establishment- There is hereby
established a Federal Coordinating Council for Comparative
Clinical Effectiveness Research (in this section referred to as
the `Council')./
/ (b) Purpose; Duties- The Council shall--/
/ (1) assist the offices and agencies of the Federal
Government, including the Departments of Health and Human
Services, Veterans Affairs, and Defense, and other Federal
departments or agencies, to coordinate the conduct or
support of comparative clinical effectiveness and related
health services research; and/
/ (2) advise the President and Congress on--/
/ (A) strategies with respect to the infrastructure
needs of comparative clinical effectiveness research
within the Federal Government;/
/ (B) appropriate organizational expenditures for
comparative clinical effectiveness research by
relevant Federal departments and agencies; and/
/ (C) opportunities to assure optimum coordination of
comparative clinical effectiveness and related health
services research conducted or supported by relevant
Federal departments and agencies, with the goal of
reducing duplicative efforts and encouraging
coordinated and complementary use of resources./
/ (c) Membership- /
/ (1) NUMBER AND APPOINTMENT- The Council shall be composed
of not more than 15 members, all of whom are senior Federal
officers or employees with responsibility for health-related
programs, appointed by the President, acting through the
Secretary of Health and Human Services (in this section
referred to as the `Secretary'). Members shall first be
appointed to the Council not later than 30 days after the
date of the enactment of this Act./
/ (2) MEMBERS- /
/ (A) IN GENERAL- The members of the Council shall
include one senior officer or employee from each of
the following agencies:/
/ (i) The Agency for Healthcare Research and
Quality./
/ (ii) The Centers for Medicare and Medicaid
Services./
/ (iii) The National Institutes of Health./
/ (iv) The Office of the National Coordinator
for Health Information Technology./
/ (v) The Food and Drug Administration./
/ (vi) The Veterans Health Administration within
the Department of Veterans Affairs./
/ (vii) The office within the Department of
Defense responsible for management of the
Department of Defense Military Health Care System./
/ (B) QUALIFICATIONS- At least half of the members of
the Council shall be physicians or other experts with
clinical expertise./
/ (3) CHAIRMAN; VICE CHAIRMAN- The Secretary shall serve as
Chairman of the Council and shall designate a member to
serve as Vice Chairman./
/ (d) Reports- /
/ (1) INITIAL REPORT- Not later than June 30, 2009, the
Council shall submit to the President and the Congress a
report containing information describing Federal activities
on comparative clinical effectiveness research and
recommendations for additional investments in such research
conducted or supported from funds made available for
allotment by the Secretary for comparative clinical
effectiveness research in this Act./
/ (2) ANNUAL REPORT- The Council shall submit to the
President and Congress an annual report regarding its
activities and recommendations concerning the infrastructure
needs, appropriate organizational expenditures and
opportunities for better coordination of comparative
clinical effectiveness research by relevant Federal
departments and agencies./
/ (e) Staffing; Support- From funds made available for allotment
by the Secretary for comparative clinical effectiveness research
in this Act, the Secretary shall make available not more than 1
percent to the Council for staff and administrative support./
/(transfer of funds)/
/ Sec. 803. (a) Not more than 1 percent of the funds made
available to the Department of Labor in this title may be
transferred by the Secretary of Labor to `Employment and Training
Administration--Program Administration', `Employment Standards
Administration--Salaries and Expenses', `Occupational Safety and
Health Administration--Salaries and Expenses' and `Departmental
Management--Salaries and Expenses' for expenses necessary to
administer and coordinate funds made available to the Department
of Labor in this title; oversee and evaluate the use of such
funds; and enforce applicable laws and regulations governing
worker rights and protections associated with the funds made
available in this Act./
/ (b) Not later than 10 days prior to obligating any funds
proposed to be transferred under subsection (a), 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./
/ (c) Funds transferred under this section may be available for
obligation through September 30, 2010./
/ Sec. 804. Eligible Employees in the Recreational Marine
Industry. Section 2(3)(F) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902(3)(F)) is amended--/
/ (1) by striking `, repair or dismantle'; and/
/ (2) by striking the semicolon and inserting `, or
individuals employed to repair any recreational vessel, or
to dismantle any part of a recreational vessel in connection
with the repair of such vessel;'./
/TITLE IX--LEGISLATIVE BRANCH/
/GOVERNMENT ACCOUNTABILITY OFFICE/
/Salaries and Expenses/
/ For an additional amount for `Salaries and Expenses' of the
Government Accountability Office, $20,000,000, to remain available
until September 30, 2010./
/GENERAL PROVISIONS--THIS TITLE/
/ Sec. 901. Government Accountability Office Reviews and Reports.
(a) Reviews and Reports- /
/ (1) IN GENERAL- The Comptroller General shall conduct
bimonthly reviews and prepare reports on such reviews on the
use by selected State and localities of funds made available
in this Act. Such reports, along with any audits conducted
by the Comptroller General of such funds, shall be posted on
the Internet and linked to the website established under
this Act by the Recovery Accountability and Transparency Board./
/ (2) REDACTIONS- Any portion of a report or audit under
this subsection may be redacted when made publicly
available, if that portion would disclose information that
is not subject to disclosure under section 552 of title 5,
United States Code (commonly known as the Freedom of
Information Act)./
/ (b) Examination of Records- The Comptroller General may examine
any records related to obligations of funds made available in this
Act./
/ Sec. 902. Access of Government Accountability Office. Each
contract awarded using funds made available in this Act shall
provide that the Comptroller General and his representatives are
authorized--/
/ (1) to examine any records of the contractor or any of its
subcontractors, or any State or local agency administering
such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and/
/ (2) to interview any current employee regarding such
transactions./
/TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES/
/DEPARTMENT OF DEFENSE/
/Military Construction, Army/
/ For an additional amount for `Military Construction, Army',
$637,875,000, to remain available until September 30, 2013, of
which $84,100,000 shall be for child development centers;
$481,000,000 shall be for warrior transition complexes; and
$42,400,000 shall be for health and dental clinics (including
acquisition, construction, installation, and equipment):
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects in the United States not
otherwise authorized by law: /Provided further,/ That of the funds
provided under this heading, not to exceed $30,375,000 shall be
available for study, planning, design, and architect and engineer
services: /Provided further,/ That within 30 days of enactment of
this Act the Secretary of the Army shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading prior to obligation./
/Military Construction, Navy and Marine Corps/
/ For an additional amount for `Military Construction, Navy and
Marine Corps', $990,092,000, to remain available until September
30, 2013, of which $172,820,000 shall be for child development
centers; $174,304,000 shall be for barracks; $125,000,000 shall be
for health clinic replacement, and $494,362,000 shall be for
energy conservation and alternative energy projects (including
acquisition, construction, installation, and equipment):
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects in the United States not
otherwise authorized by law: /Provided further,/ That of the funds
provided under this heading, not to exceed $23,606,000 shall be
available for study, planning, design, and architect and engineer
services: /Provided further,/ That within 30 days of enactment of
this Act the Secretary of the Navy shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading prior to obligation./
/Military Construction, Air Force/
/ For an additional amount for `Military Construction, Air Force',
$871,332,000, to remain available until September 30, 2013, of
which $80,100,000 shall be for child development centers;
$612,246,000 shall be for dormitories; and $138,100,000 shall be
for health clinics (including acquisition, construction,
installation, and equipment): /Provided,/ That notwithstanding any
other provision of law, such funds may be obligated and expended
to carry out planning and design and military construction
projects in the United States not otherwise authorized by law:
/Provided further,/ That of the funds provided under this heading,
not to exceed $40,886,000 shall be available for study, planning,
design, and architect and engineer services: /Provided further,/
That within 30 days of enactment of this Act the Secretary of the
Air Force shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under
this heading prior to obligation./
/Military Construction, Defense-Wide/
/ For an additional amount for `Military Construction,
Defense-Wide', $118,560,000 for the Energy Conservation Investment
Program, to remain available until September 30, 2010: /Provided,/
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects in the United States not otherwise
authorized by law: /Provided further,/ That within 30 days of
enactment of this Act the Secretary of Defense shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this heading prior to
obligation./
/Military Construction, Army National Guard/
/ For an additional amount for `Military Construction, Army
National Guard', $150,000,000 for readiness centers (including
construction, acquisition, expansion, rehabilitation, and
conversion), to remain available until September 30, 2013:
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects in the United States not
otherwise authorized by law: /Provided further,/ That within 30
days of enactment of this Act the Director of the Army National
Guard shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under
this heading prior to obligation./
/Military Construction, Air National Guard/
/ For an additional amount for `Military Construction, Air
National Guard', $110,000,000, to remain available until September
30, 2013: /Provided,/ That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects in the
United States not otherwise authorized by law: /Provided further,/
That within 30 days of enactment of this Act the Director of the
Air National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for
funds provided under this heading prior to obligation./
/Family Housing Construction, Army/
/ For an additional amount for `Family Housing Construction,
Army', $34,570,000, to remain available until September 30, 2013:
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects in the United States not
otherwise authorized by law: /Provided further,/ That within 30
days of enactment of this Act the Secretary of the Army shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading
prior to obligation./
/Family Housing Operation and Maintenance, Army/
/ For an additional amount for `Family Housing Operation and
Maintenance, Army', $3,932,000: /Provided,/ That notwithstanding
any other provision of law, such funds may be obligated and
expended for operation and maintenance and minor construction
projects in the United States not otherwise authorized by law./
/Family Housing Construction, Air Force/
/ For an additional amount for `Family Housing Construction, Air
Force', $80,100,000, to remain available until September 30, 2013:
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects in the United States not
otherwise authorized by law: /Provided further,/ That within 30
days of enactment of this Act the Secretary of the Air Force shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading
prior to obligation./
/Family Housing Operation and Maintenance, Air Force/
/ For an additional amount for `Family Housing Operation and
Maintenance, Air Force', $16,461,000: /Provided,/ That
notwithstanding any other provision of law, such funds may be
obligated and expended for operation and maintenance and minor
construction projects in the United States not otherwise
authorized by law./
/Homeowners Assistance Fund/
/ For an additional amount for `Homeowners Assistance Fund',
established by section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966, as amended (42 U.S.C. 3374),
$410,973,000, to remain available until expended./
/Administrative Provision/
/ Sec. 1001. (a) Temporary Expansion of Homeowners Assistance Plan
To Respond to Mortgage Foreclosure and Credit Crisis. Section 1013
of the Demonstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3374) is amended--/
/ (1) in subsection (a)--/
/ (A) by redesignating paragraphs (1), (2), and (3) as
clauses (i), (ii), and (iii), respectively, and
indenting such subparagraphs, as so redesignated, 6
ems from the left margin;/
/ (B) by striking `Notwithstanding any other provision
of law' and inserting the following:/
/ `(1) ACQUISITION OF PROPERTY AT OR NEAR MILITARY
INSTALLATIONS THAT HAVE BEEN ORDERED TO BE CLOSED-
Notwithstanding any other provision of law';/
/ (C) by striking `if he determines' and inserting `if--/
/ `(A) the Secretary determines--';/
/ (D) in clause (iii), as redesignated by subparagraph
(A), by striking the period at the end and inserting
`; or'; and/
/ (E) by adding at the end the following:/
/ `(B) the Secretary determines--/
/ `(i) that the conditions in clauses (i) and
(ii) of subparagraph (A) have been met;/
/ `(ii) that the closing or realignment of the
base or installation resulted from a realignment
or closure carried out under the 2005 round of
defense base closure and realignment under the
Defense Base Closure and Realignment Act of 1990
(part XXIX of Public Law 101-510; 10 U.S.C. 2687
note);/
/ `(iii) that the property was purchased by the
owner before July 1, 2006;/
/ `(iv) that the property was sold by the owner
between July 1, 2006, and September 30, 2012, or
an earlier end date designated by the Secretary;/
/ `(v) that the property is the primary
residence of the owner; and/
/ `(vi) that the owner has not previously
received benefit payments authorized under this
subsection./
/ `(2) HOMEOWNER ASSISTANCE FOR WOUNDED MEMBERS OF THE ARMED
FORCES, DEPARTMENT OF DEFENSE AND UNITED STATES COAST GUARD
CIVILIAN EMPLOYEES, AND THEIR SPOUSES- Notwithstanding any
other provision of law, the Secretary of Defense is
authorized to acquire title to, hold, manage, and dispose
of, or, in lieu thereof, to reimburse for certain losses
upon private sale of, or foreclosure against, any property
improved with a one- or two-family dwelling which was at the
time of the relevant wound, injury, or illness, the primary
residence of--/
/ `(A) any member of the Armed Forces in medical
transition who--/
/ `(i) incurred a wound, injury, or illness in
the line of duty during a deployment in support
of the Armed Forces;/
/ `(ii) is disabled to a degree of 30 percent or
more as a result of such wound, injury, or
illness, as determined by the Secretary of
Defense or the Secretary of Veterans Affairs; and/
/ `(iii) is reassigned in furtherance of medical
treatment or rehabilitation, or due to medical
retirement in connection with such disability;/
/ `(B) any civilian employee of the Department of
Defense or the United States Coast Guard who--/
/ `(i) was wounded, injured, or became ill in
the line of duty during a forward deployment in
support of the Armed Forces; and/
/ `(ii) is reassigned in furtherance of medical
treatment, rehabilitation, or due to medical
retirement resulting from the sustained
disability; or/
/ `(C) the spouse of a member of the Armed Forces or a
civilian employee of the Department of Defense or the
United States Coast Guard if--/
/ `(i) the member or employee was killed in the
line of duty during a deployment in support of
the Armed Forces or died from a wound, injury,
or illness incurred in the line of duty during
such a deployment; and/
/ `(ii) the spouse relocates from such residence
within 2 years after the death of such member or
employee./
/ `(3) TEMPORARY HOMEOWNER ASSISTANCE FOR MEMBERS OF THE
ARMED FORCES PERMANENTLY REASSIGNED DURING SPECIFIED
MORTGAGE CRISIS- Notwithstanding any other provision of law,
the Secretary of Defense is authorized to acquire title to,
hold, manage, and dispose of, or, in lieu thereof, to
reimburse for certain losses upon private sale of, or
foreclosure against, any property improved with a one- or
two-family dwelling situated at or near a military base or
installation, if the Secretary determines--/
/ `(A) that the owner is a member of the Armed Forces
serving on permanent assignment;/
/ `(B) that the owner is permanently reassigned by
order of the United States Government to a duty
station or home port outside a 50-mile radius of the
base or installation;/
/ `(C) that the reassignment was ordered between
February 1, 2006, and September 30, 2012, or an
earlier end date designated by the Secretary;/
/ `(D) that the property was purchased by the owner
before July 1, 2006;/
/ `(E) that the property was sold by the owner between
July 1, 2006, and September 30, 2012, or an earlier
end date designated by the Secretary;/
/ `(F) that the property is the primary residence of
the owner; and/
/ `(G) that the owner has not previously received
benefit payments authorized under this subsection.';/
/ (2) in subsection (b), by striking `this section' each
place it appears and inserting `subsection (a)(1)';/
/ (3) in subsection (c)--/
/ (A) by striking `Such persons' and inserting the
following:/
/ `(1) HOMEOWNER ASSISTANCE RELATED TO CLOSED MILITARY
INSTALLATIONS- /
/ `(A) IN GENERAL- Such persons';/
/ (B) by striking `set forth above shall elect either
(1) to receive' and inserting the following: `set
forth in subsection (a)(1) shall elect either--/
/ `(i) to receive';/
/ (C) by striking `difference between (A) 95 per
centum' and all that follows through `(B) the fair
market value' and inserting the following: `difference
between--/
/ `(I) 95 per centum of the fair market
value of their property (as such value is
determined by the Secretary of Defense)
prior to public announcement of intention
to close all or part of the military base
or installation; and/
/ `(II) the fair market value';/
/ (D) by striking `time of the sale, or (2) to
receive' and inserting the following: `time of the
sale; or/
/ `(ii) to receive';/
/ (E) by striking `outstanding mortgages. The
Secretary may also pay a person who elects to receive
a cash payment under clause (1) of the preceding
sentence an amount' and inserting `outstanding mortgages./
/ `(B) REIMBURSEMENT OF EXPENSES- The Secretary may
also pay a person who elects to receive a cash payment
under subparagraph (A) an amount'; and/
/ (F) by striking `best interest of the Federal
Government. Cash payment' and inserting the following:
`best interest of the United States./
/ `(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDIVIDUALS AND
THEIR SPOUSES- /
/ `(A) IN GENERAL- Persons eligible under the criteria
set forth in subsection (a)(2) may elect either--/
/ `(i) to receive a cash payment as compensation
for losses which may be or have been sustained
in a private sale, in an amount not to exceed
the difference between--/
/ `(I) 95 per centum of prior fair market
value of their property (as such value is
determined by the Secretary of Defense); and/
/ `(II) the fair market value of such
property (as such value is so determined)
at the time of the wound, injury, or
illness qualifying the individual for
benefits under subsection (a)(2); or/
/ `(ii) to receive, as purchase price for their
property an amount not to exceed 90 per centum
of prior fair market value as such value is
determined by the Secretary of Defense, or the
amount of the outstanding mortgages./
/ `(B) DETERMINATION OF BENEFITS- The Secretary may
also pay a person who elects to receive a cash payment
under subparagraph (A) an amount that the Secretary
determines appropriate to reimburse the person for the
costs incurred by the person in the sale of the
property if the Secretary determines that such payment
will benefit the person and is in the best interest of
the United States./
/ `(3) HOMEOWNER ASSISTANCE FOR PERMANENTLY REASSIGNED
INDIVIDUALS- /
/ `(A) IN GENERAL- Persons eligible under the criteria
set forth in subsection (a)(3) may elect either--/
/ `(i) to receive a cash payment as compensation
for losses which may be or have been sustained
in a private sale, in an amount not to exceed
the difference between--/
/ `(I) 95 per centum of prior fair market
value of their property (as such value is
determined by the Secretary of Defense); and/
/ `(II) the fair market value of such
property (as such value is so determined)
at the time the person received change of
permanent station orders; or/
/ `(ii) to receive, as purchase price for their
property an amount not to exceed 90 per centum
of prior fair market value as such value is
determined by the Secretary of Defense, or the
amount of the outstanding mortgages./
/ `(B) DETERMINATION OF BENEFITS- The Secretary may
also pay a person who elects to receive a cash payment
under subparagraph (A) an amount that the Secretary
determines appropriate to reimburse the person for the
costs incurred by the person in the sale of the
property if the Secretary determines that such payment
will benefit the person and is in the best interest of
the United States./
/ `(4) COMPENSATION AND LIMITATIONS RELATED TO FORECLOSURES
AND ENCUMBRANCES- Cash payment';/
/ (4) by striking subsection (g);/
/ (5) in subsection (l), by striking `(a)(2)' and inserting
`(a)(1)(A)(ii)';/
/ (6) in subsection (m), by striking `this section' and
inserting `subsection (a)(1)';/
/ (7) in subsection (n)--/
/ (A) in paragraph (1), by striking `this section' and
inserting `subsection (a)(1)'; and/
/ (B) in paragraph (2), by striking `this section' and
inserting `subsection (a)(1)';/
/ (8) in subsection (o)--/
/ (A) in paragraph (1), by striking `this section' and
inserting `subsection (a)(1)';/
/ (B) in paragraph (2), by striking `this section' and
inserting `subsection (a)(1)'; and/
/ (C) by striking paragraph (4); and/
/ (9) by adding at the end the following new subsection:/
/ `(p) Definitions- In this section:/
/ `(1) the term `Armed Forces' has the meaning given the
term `armed forces' in section 101(a) of title 10, United
States Code;/
/ `(2) the term `civilian employee' has the meaning given
the term `employee' in section 2105(a) of title 5, United
States Code;/
/ `(3) the term `medical transition', in the case of a
member of the Armed Forces, means a member who--/
/ `(A) is in Medical Holdover status;/
/ `(B) is in Active Duty Medical Extension status;/
/ `(C) is in Medical Hold status;/
/ `(D) is in a status pending an evaluation by a
medical evaluation board;/
/ `(E) has a complex medical need requiring six or
more months of medical treatment; or/
/ `(F) is assigned or attached to an Army Warrior
Transition Unit, an Air Force Patient Squadron, a Navy
Patient Multidisciplinary Care Team, or a Marine
Patient Affairs Team/Wounded Warrior Regiment; and/
/ `(4) the term `nonappropriated fund instrumentality
employee' means a civilian employee who--/
/ `(A) is a citizen of the United States; and/
/ `(B) is paid from nonappropriated funds of Army and
Air Force Exchange Service, Navy Resale and Services
Support Office, Marine Corps exchanges, or any other
instrumentality of the United States under the
jurisdiction of the Armed Forces which is conducted
for the comfort, pleasure, contentment, or physical or
mental improvement of members of the Armed Forces.'./
/ (b) Clerical Amendment- Such section is further amended in the
section heading by inserting `and certain property owned by
members of the armed forces, department of defense and united
states coast guard civilian employees, and surviving spouses'
after `ordered to be closed'./
/ (c) Authority to Use Appropriated Funds- Notwithstanding
subsection (i) of such section, amounts appropriated or otherwise
made available by this title under the heading `Homeowners
Assistance Fund' may be used for the Homeowners Assistance Fund
established under such section./
/DEPARTMENT OF VETERANS AFFAIRS/
/Veterans Health Administration/
/medical support and compliance/
/ For an additional amount for `Medical Support and Compliance',
$5,000,000, to remain available until September 30, 2010, to
support contract administration and energy initiative execution at
the Veterans Health Administration./
/medical facilities/
/ For an additional amount for `Medical Facilities',
$1,370,459,000, to remain available until September 30, 2010, of
which $1,047,313,000 shall be for facility condition assessment
deficiencies and non-recurring maintenance at existing medical
facilities; and $323,146,000 shall be for energy efficiency
initiatives./
/national cemetery administration/
/ For an additional amount for `National Cemetery Administration',
$64,961,000, to remain available until September 30, 2010, of
which $59,476,000 shall be for capital infrastructure and memorial
and monument repairs; and $5,485,000 shall be for energy
efficiency initiatives./
/Departmental Administration/
/general operating expenses/
/ For an additional amount for `General Operating Expenses',
$1,125,000, to remain available until September 30, 2010, for
additional Full Time Equivalent salary and expenses for major
construction project administration and execution and energy
initiative execution./
/information technology systems/
/ For an additional amount for `Information Technology Systems',
$195,000,000, to remain available until September 30, 2010, of
which $145,000,000 shall be for the Veterans Benefits
Administration's development of paperless claims processing; and
$50,000,000 shall be for the development of systems required to
implement chapter 33 of title 38, United States Code./
/office of inspector general/
/ For an additional amount for `Office of Inspector General',
$4,400,000, to remain available until September 30, 2011, for
oversight and audit of programs, grants and projects funded under
this title./
/construction, major projects/
/ For an additional amount for `Construction, Major Projects',
$1,105,333,000, to remain available until September 30, 2013,
which shall be for acceleration and construction of ongoing and
planned construction, including physical security construction, of
major medical facilities and National Cemeteries consistent with
the Department of Veterans Affairs' Five Year Capital Plan:
/Provided,/ That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and major medical facility construction not otherwise
authorized by law: /Provided further,/ That within 30 days of
enactment of this Act the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading
prior to obligation./
/construction, minor projects/
/ For an additional amount for `Construction, Minor Projects',
$939,836,000, to remain available until September 30, 2010, of
which $860,742,000 shall be for Veterans Health Administration
minor construction; $20,300,000 shall be for Veterans Benefits
Administration minor construction, including $300,000 for energy
efficiency initiatives; and $29,012,000 shall be for National
Cemetery Administration minor construction./
/grants for construction of state extended care facilities/
/ For an additional amount for `Grants for Construction of State
Extended Care Facilities', $257,986,000, to remain available until
September 30, 2010, for grants to assist States to acquire or
construct State nursing home and domiciliary facilities and to
remodel, modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title 38,
United States Code./
/Administrative Provision/
/ Sec. 1002. Payments to Eligible Persons Who Served in the United
States Armed Forces in the Far East During World War II. (a)
Findings- Congress makes the following findings:/
/ (1) The Philippine islands became a United States
possession in 1898 when they were ceded from Spain following
the Spanish-American War./
/ (2) During World War II, Filipinos served in a variety of
units, some of which came under the direct control of the
United States Armed Forces./
/ (3) The regular Philippine Scouts, the new Philippine
Scouts, the Guerrilla Services, and more than 100,000
members of the Philippine Commonwealth Army were called into
the service of the United States Armed Forces of the Far
East on July 26, 1941, by an executive order of President
Franklin D. Roosevelt./
/ (4) Even after hostilities had ceased, wartime service of
the new Philippine Scouts continued as a matter of law until
the end of 1946, and the force gradually disbanded and was
disestablished in 1950./
/ (5) Filipino veterans who were granted benefits prior to
the enactment of the so-called Rescissions Acts of 1946
(Public Laws 79-301 and 79-391) currently receive full
benefits under laws administered by the Secretary of
Veterans Affairs, but under section 107 of title 38, United
States Code, the service of certain other Filipino veterans
is deemed not to be active service for purposes of such laws./
/ (6) These other Filipino veterans only receive certain
benefits under title 38, United States Code, and, depending
on where they legally reside, are paid such benefit amounts
at reduced rates./
/ (7) The benefits such veterans receive include
service-connected compensation benefits paid under chapter
11 of title 38, United States Code, dependency indemnity
compensation survivor benefits paid under chapter 13 of
title 38, United States Code, and burial benefits under
chapters 23 and 24 of title 38, United States Code, and such
benefits are paid to beneficiaries at the rate of $0.50 per
dollar authorized, unless they lawfully reside in the United
States./
/ (8) Dependents' educational assistance under chapter 35 of
title 38, United States Code, is also payable for the
dependents of such veterans at the rate of $0.50 per dollar
authorized, regardless of the veterans' residency./
/ (b) Compensation Fund- /
/ (1) IN GENERAL- There is in the general fund of the
Treasury a fund to be known as the `Filipino Veterans Equity
Compensation Fund' (in this section referred to as the
`compensation fund')./
/ (2) AVAILABILITY OF FUNDS- Subject to the availability of
appropriations for such purpose, amounts in the fund shall
be available to the Secretary of Veterans Affairs without
fiscal year limitation to make payments to eligible persons
in accordance with this section./
/ (c) Payments- /
/ (1) IN GENERAL- The Secretary may make a payment from the
compensation fund to an eligible person who, during the
one-year period beginning on the date of the enactment of
this Act, submits to the Secretary a claim for benefits
under this section. The application for the claim shall
contain such information and evidence as the Secretary may
require./
/ (2) PAYMENT TO SURVIVING SPOUSE- If an eligible person who
has filed a claim for benefits under this section dies
before payment is made under this section, the payment under
this section shall be made instead to the surviving spouse,
if any, of the eligible person./
/ (d) Eligible Persons- An eligible person is any person who--/
/ (1) served--/
/ (A) before July 1, 1946, in the organized military
forces of the Government of the Commonwealth of the
Philippines, while such forces were in the service of
the Armed Forces of the United States pursuant to the
military order of the President dated July 26, 1941,
including among such military forces organized
guerrilla forces under commanders appointed,
designated, or subsequently recognized by the
Commander in Chief, Southwest Pacific Area, or other
competent authority in the Army of the United States; or/
/ (B) in the Philippine Scouts under section 14 of the
Armed Forces Voluntary Recruitment Act of 1945 (59
Stat. 538); and/
/ (2) was discharged or released from service described in
paragraph (1) under conditions other than dishonorable./
/ (e) Payment Amounts- Each payment under this section shall be--/
/ (1) in the case of an eligible person who is not a citizen
of the United States, in the amount of $9,000; and/
/ (2) in the case of an eligible person who is a citizen of
the United States, in the amount of $15,000./
/ (f) Limitation- The Secretary may not make more than one payment
under this section for each eligible person described in
subsection (d)./
/ (g) Clarification of Treatment of Payments Under Certain Laws-
Amounts paid to a person under this section--/
/ (1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and/
/ (2) shall not be included in income or resources for
purposes of determining--/
/ (A) eligibility of an individual to receive benefits
described in section 3803(c)(2)(C) of title 31, United
States Code, or the amount of such benefits;/
/ (B) eligibility of an individual to receive benefits
under title VIII of the Social Security Act, or the
amount of such benefits; or/
/ (C) eligibility of an individual for, or the amount
of benefits under, any other Federal or federally
assisted program./
/ (h) Release- /
/ (1) IN GENERAL- Except as provided in paragraph (2), the
acceptance by an eligible person or surviving spouse, as
applicable, of a payment under this section shall be final,
and shall constitute a complete release of any claim against
the United States by reason of any service described in
subsection (d)./
/ (2) PAYMENT OF PRIOR ELIGIBILITY STATUS- Nothing in this
section shall prohibit a person from receiving any benefit
(including health care, survivor, or burial benefits) which
the person would have been eligible to receive based on laws
in effect as of the day before the date of the enactment of
this Act./
/ (i) Recognition of Service- The service of a person as described
in subsection (d) is hereby recognized as active military service
in the Armed Forces for purposes of, and to the extent provided
in, this section./
/ (j) Administration- /
/ (1) The Secretary shall promptly issue application forms
and instructions to ensure the prompt and efficient
administration of the provisions of this section./
/ (2) The Secretary shall administer the provisions of this
section in a manner consistent with applicable provisions of
title 38, United States Code, and other provisions of law,
and shall apply the definitions in section 101 of such title
in the administration of such provisions, except to the
extent otherwise provided in this section./
/ (k) Reports- The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget
for each fiscal year, detailed information on the operation of the
compensation fund, including the number of applicants, the number
of eligible persons receiving benefits, the amounts paid out of
the compensation fund, and the administration of the compensation
fund for the most recent fiscal year for which such data is
available./
/ (l) Authorization of Appropriation- There is authorized to be
appropriated to the compensation fund $198,000,000, to remain
available until expended, to make payments under this section./
/RELATED AGENCY/
/DEPARTMENT OF DEFENSE--CIVIL/
/Cemeterial Expenses, Army/
/salary and expenses/
/ For an additional amount for `Cemeterial Expenses, Army',
$60,300,000, to remain available until September 30, 2010, for
land development, columbarium construction, and relocation of
utilities at Arlington National Cemetery./
/TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS/
/DEPARTMENT OF STATE/
/Administration of Foreign Affairs/
/diplomatic and consular programs/
/ For an additional amount for `Diplomatic and Consular Programs'
for urgent domestic facilities requirements, $90,000,000, to
remain available until September 30, 2010, of which up to
$20,000,000 shall be available for passport facilities and
systems, and up to $65,000,000 shall be available for a
consolidated security training facility in the United States and
should be obligated in accordance with United States General
Services Administration site selection procedures: /Provided,/
That the Secretary of State shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a detailed
spending plan for funds appropriated under this heading: /Provided
further,/ That with respect to the funds made available for
passport facilities and systems, such plan shall be developed in
consultation with the Department of Homeland Security and the
General Services Administration and shall coordinate and
co-locate, to the extent feasible, the construction of passport
agencies with other Federal facilities./
/capital investment fund/
/ For an additional amount for `Capital Investment Fund',
$228,000,000, to remain available until September 30, 2010, which
shall be available for information technology security and
upgrades to support mission-critical operations: /Provided,/ That
the Secretary of State and the Administrator of the United States
Agency for International Development shall coordinate information
technology systems, where appropriate, to increase efficiencies
and eliminate redundancies, to include co-location of backup
information management facilities: /Provided further,/ That the
Secretary of State shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a detailed
spending plan for funds appropriated under this heading./
/office of inspector general/
/ For an additional amount for `Office of Inspector General' for
oversight requirements, $1,500,000, to remain available until
September 30, 2011./
/INTERNATIONAL COMMISSIONS/
/International Boundary and Water Commission, United States and
Mexico/
/construction/
/(including transfer of funds)/
/ For an additional amount for `Construction' for the water
quantity program to meet immediate repair and rehabilitation
requirements, $224,000,000, to remain available until September
30, 2010: /Provided,/ That up to $2,000,000 may be transferred to,
and merged with, funds available under the heading `International
Boundary and Water Commission, United States and Mexico--Salaries
and Expenses': /Provided,/ That the Secretary of State shall
submit to the Committees on Appropriations within 90 days of
enactment of this Act a detailed spending plan for funds
appropriated under this heading./
/UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT/
/Funds Appropriated to the President/
/capital investment fund/
/ For an additional amount for `Capital Investment Fund',
$58,000,000, to remain available until September 30, 2010, which
shall be available for information technology modernization
programs and implementation of the Global Acquisition System:
/Provided,/ That the Administrator of the United States Agency for
International Development shall submit to the Committees on
Appropriations within 90 days of enactment of this Act a detailed
spending plan for funds appropriated under this heading./
/Operating Expenses of the United States Agency for International
Development Office of Inspector General/
/ For an additional amount for `Operating Expenses of the United
States Agency for International Development Office of Inspector
General' for oversight requirements, $500,000, to remain available
until September 30, 2011./
/TITLE XII--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES/
/DEPARTMENT OF TRANSPORTATION/
/Office of the Secretary/
/supplemental discretionary grants for a national surface
transportation system/
/ For an additional amount for capital investments in surface
transportation infrastructure, $5,500,000,000, to remain available
until September 30, 2011: /Provided,/ That the Secretary of
Transportation shall distribute funds provided under this heading
as discretionary grants to be awarded to State and local
governments on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a
region: /Provided further,/ That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States
Code, including interstate rehabilitation, improvements to the
rural collector road system, the reconstruction of overpasses and
interchanges, bridge replacements, seismic retrofit projects for
bridges, and road realignments; public transportation projects
eligible under chapter 53 of title 49, United States Code,
including investments in projects participating in the New Starts
or Small Starts programs that will expedite the completion of
those projects and their entry into revenue service; passenger and
freight rail transportation projects; and port infrastructure
investments, including projects that connect ports to other modes
of transportation and improve the efficiency of freight movement:
/Provided further,/ That of the amount made available under this
paragraph, the Secretary may use an amount not to exceed
$200,000,000 for the purpose of paying the subsidy costs of
projects eligible for federal credit assistance under chapter 6 of
title 23, United States Code, if the Secretary finds that such use
of the funds would advance the purposes of this paragraph:
/Provided further,/ That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds and an appropriate
balance in addressing the needs of urban and rural communities:
/Provided further,/ That a grant funded under this heading shall
be not less than $20,000,000 and not greater than $500,000,000:
/Provided further,/ That the Federal share of the costs for which
an expenditure is made under this heading may be up to 100
percent: /Provided further,/ That the Secretary shall give
priority to projects that require an additional share of Federal
funds in order to complete an overall financing package, and to
projects that are expected to be completed within 3 years of
enactment of this Act: /Provided further,/ That the Secretary
shall publish criteria on which to base the competition for any
grants awarded under this heading not later than 75 days after
enactment of this Act: /Provided further,/ That the Secretary
shall require applications for funding provided under this heading
to be submitted not later than 180 days after enactment of this
Act, and announce all projects selected to be funded from such
funds not later than 1 year after enactment of this Act: /Provided
further,/ That the Secretary shall require all additional
applications to be submitted not later than 1 year after enactment
of this Act, and announce not later than 180 days following such
1-year period all additional projects selected to be funded with
funds withdrawn from States and grantees and transferred from
`Supplemental Grants for Highway Investments' and `Supplemental
Grants for Public Transit Investment': /Provided further,/ That
projects conducted using funds provided under this heading must
comply with the requirements of subchapter IV of chapter 31 of
title 40, United States Code: /Provided further,/ That the
Secretary may retain up to $5,000,000 of the funds provided under
this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and
the Maritime Administration, to fund the award and oversight of
grants made under this heading./
/Federal Aviation Administration/
/supplemental funding for facilities and equipment/
/ For an additional amount for necessary investments in Federal
Aviation Administration infrastructure, $200,000,000: /Provided,/
That funding provided under this heading shall be used to make
improvements to power systems, air route traffic control centers,
air traffic control towers, terminal radar approach control
facilities, and navigation and landing equipment: /Provided
further,/ That priority be given to such projects or activities
that will be completed within 2 years of enactment of this Act:
/Provided further,/ That amounts made available under this heading
may be provided through grants in addition to the other
instruments authorized under section 106(l)(6) of title 49, United
States Code: /Provided further,/ That the Federal share of the
costs for which an expenditure is made under this heading shall be
100 percent: /Provided further,/ That amounts provided under this
heading may be used for expenses the agency incurs in
administering this program: /Provided further,/ That not more than
60 days after enactment of this Act, the Administrator shall
establish a process for applying, reviewing and awarding grants
and cooperative and other transaction agreements, including the
form and content of an application, and requirements for the
maintenance of records that are necessary to facilitate an
effective audit of the use of the funding provided: /Provided
further,/ That section 50101 of title 49, United States Code,
shall apply to funds provided under this heading./
/supplemental discretionary grants for airport investment/
/ For an additional amount for capital expenditures authorized
under sections 47102(3) and 47504(c) of title 49, United States
Code, and for the procurement, installation and commissioning of
runway incursion prevention devices and systems at airports of
such title, $1,100,000,000: /Provided,/ That the Secretary of
Transportation shall distribute funds provided under this heading
as discretionary grants to airports, with priority given to those
projects that demonstrate to his or her satisfaction their ability
to be completed within 2 years of enactment of this Act, and serve
to supplement and not supplant planned expenditures from
airport-generated revenues or from other State and local sources
on such activities: /Provided further,/ That the Federal share
payable of the costs for which a grant is made under this heading
shall be 100 percent: /Provided further,/ That the amount made
available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports
program set forth in any Act: /Provided further,/ That section
50101 of title 49, United States Code, shall apply to funds
provided under this heading: /Provided further,/ That projects
conducted using funds provided under this heading must comply with
the requirements of subchapter IV of chapter 31 of title 40,
United States Code: /Provided further,/ That the Administrator of
the Federal Aviation Administration may retain and transfer to
`Federal Aviation Administration, Operations' up to one-quarter of
1 percent of the funds provided under this heading to fund the
award and oversight by the Administrator of grants made under this
heading./
/Federal Highway Administration/
/supplemental grants for highway investment/
/ For an additional amount for restoration, repair, construction
and other activities eligible under paragraph (b) of section 133
of title 23, United States Code, $27,060,000,000: /Provided,/ That
funds provided under this heading shall be apportioned to States
using the formula set forth in section 104(b)(3) of such title:
/Provided further,/ That 180 days following the date of such
apportionment, the Secretary of Transportation shall withdraw from
each State an amount equal to 50 percent of the funds awarded to
that grantee less the amount of funding obligated, and the
Secretary shall redistribute such amounts to other States that
have had no funds withdrawn under this proviso in the manner
described in section 120(c) of division K of Public Law 110-161:
/Provided further,/ That 1 year following the date of such
apportionment, the Secretary shall withdraw from each recipient of
funds apportioned under this heading any unobligated funds and
transfer such funds to `Supplemental Discretionary Grants for a
National Surface Transportation System': /Provided further,/ That
at the request of a State, the Secretary of Transportation may
provide an extension of such 1-year period only to the extent that
he or she feels satisfied that the State has encountered extreme
conditions that create an unworkable bidding environment or other
extenuating circumstances: /Provided further,/ That before
granting a such an extension, the Secretary shall send a letter to
the House and Senate Committees on Appropriations that provides a
thorough justification for the extension: /Provided further,/ That
the provisions of subsections 133(d)(3) and 133(d)(4) of title 23,
United States Code, shall apply to funds apportioned under this
heading, except that the percentage of funds to be allocated to
local jurisdictions shall be 40 percent and such allocation,
notwithstanding any other provision of law, shall be conducted in
all states within the United States: /Provided further,/ That
funds allocated to such urbanized areas and other areas shall not
be subject to the redistribution of amounts required 180 days
following the date of apportionment of funds provided under this
heading: /Provided further,/ That funds apportioned under this
heading may be used for, but not be limited to, projects that
address stormwater runoff, investments in passenger and freight
rail transportation, and investments in port infrastructure:
/Provided further,/ that each State shall use not less than 5
percent of funds apportioned to it for activities eligible under
subsections 149(b) and (c) of title 23, United States Code:
/Provided further,/ That of the funds provided under this heading,
$60,000,000 shall be for capital expenditures eligible under
section 147 of title 23, United States Code: /Provided further,/
That the Secretary of Transportation shall distribute such
$60,000,000 as competitive discretionary grants to States, with
priority given to those projects that demonstrate to his or her
satisfaction their ability to be completed within 2 years of
enactment of this Act: /Provided further,/ That of the funds
provided under this heading, $500,000,000 shall be for investments
in transportation at Indian reservations and Federal lands, and
administered in accordance with chapter 2 of title 23, United
States Code: /Provided further,/ That of the funds identified in
the preceding proviso, $320,000,000 shall be for the Indian
Reservation Roads program, $100,000,000 shall be for the Park
Roads and Parkways program, $70,000,000 shall be for the Forest
Highway Program, and $10,000,000 shall be for the Refuge Roads
program: /Provided further,/ That for investments at Indian
reservations and Federal lands, priority shall be given to capital
investments, and to projects and activities that can be completed
within 2 years of enactment of this Act: /Provided further,/ That
1 year following the enactment of this Act, to ensure the prompt
use of the $500,000,000 provided for investments at Indian
reservations and Federal lands, the Secretary shall have the
authority to redistribute unobligated funds within the respective
program for which the funds were appropriated: /Provided further,/
That up to 4 percent of the funding provided for Indian
Reservation Roads may be used by the Secretary of the Interior for
program management and oversight and project-related
administrative expenses: /Provided further,/ That section
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not
apply to funds provided under this heading: /Provided further,/
That the Federal share payable on account of any project or
activity carried out with funds made available under this heading
shall be at the option of the recipient, and may be up to 100
percent of the total cost thereof: /Provided further,/ That
funding provided under this heading shall be in addition to any
and all funds provided for fiscal years 2008 and 2009 in any other
Act for `Federal-aid Highways' and shall not affect the
distribution of funds provided for `Federal-aid Highways' in any
other Act: /Provided further,/ That the amount made available
under this heading shall not be subject to any limitation on
obligations for Federal-aid highways or highway safety
construction programs set forth in any Act: /Provided further,/
That projects conducted using funds provided under this heading
must comply with the requirements of subchapter IV of chapter 31
of title 40, United States Code: /Provided further,/ That section
313 of title 23, United States Code, shall apply to funds provided
under this heading: /Provided further,/ That section 1101(b) of
Public Law 109-59 shall apply to funds apportioned under this
heading: /Provided further,/ That for the purposes of the
definition of States for this paragraph, sections 101(a)(32) of
title 23, United States Code, shall apply: /Provided further,/
That the Administrator of the Federal Highway Administration may
retain up to $12,000,000 of the funds provided under this heading
to carry out the function of the `Federal Highway Administration,
Limitation on Administrative Expenses' and to fund the oversight
by the Administrator of projects and activities carried out with
funds made available to the Federal Highway Administration in this
Act./
/Federal Railroad Administration/
/supplemental grants to states for intercity passenger rail service/
/ For an additional amount for discretionary grants to States to
pay for the cost of projects described in paragraphs (2)(A) and
(2)(B) of section 24401 of title 49, United States Code, and
subsection (b) of section 24105 of such title, $250,000,000:
/Provided,/ That to be eligible for assistance under this
paragraph, the specific project must be on a Statewide
Transportation Improvement Plan at the time of the application to
qualify: /Provided further,/ That the Secretary of Transportation
shall give priority to projects that demonstrate an ability to be
completed within 2 years of enactment of this Act, and to projects
that improve the safety and reliability of intercity passenger
trains: /Provided further,/ That the Federal share payable of the
costs for which a grant is made under this heading shall be 100
percent: /Provided further,/ That projects conducted using funds
provided under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code:
/Provided further,/ That section 24405(a) of title 49, United
States Code, shall apply to funds provided under this heading:
/Provided further,/ That the Administrator of the Federal Railroad
Administration may retain and transfer to `Federal Railroad
Administration, Safety and Operations' up to one-quarter of 1
percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading./
/supplemental capital grants to the national railroad passenger
corporation/
/ For an additional amount for the immediate investment in capital
projects necessary to maintain and improve national intercity
passenger rail service, including the rehabilitation of rolling
stock, $850,000,000: /Provided,/ That funds made available under
this heading shall be allocated directly to the National Railroad
Passenger Corporation: /Provided further,/ That the Board of
Directors of the corporation shall take measures to ensure that
priority is given to capital projects that expand passenger rail
capacity: /Provided further,/ That the Board of Directors shall
take measures to ensure that projects funded under this heading
shall be completed within 2 years of enactment of this Act, and
shall serve to supplement and not supplant planned expenditures
for such activities from other Federal, State, local and corporate
sources: /Provided further,/ That said Board of Directors shall
certify to the House and Senate Committees on Appropriations in
writing their compliance with the preceding proviso: /Provided
further,/ That section 24305(f) of title 49, United States Code,
shall apply to funds provided under this heading: /Provided
further,/ That not more than 50 percent of the funds provided
under this heading may be used for capital projects along the
Northeast Corridor./
/high-speed rail corridor program/
/ To make grants for high-speed rail projects under the provisions
of section 26106 of title 49, United States Code, $2,000,000,000,
to remain available until September 30, 2011: /Provided,/ That the
Federal share payable of the costs for which a grant is made under
this heading shall be 100 percent: /Provided further,/ That the
Administrator of the Federal Railroad Administration may retain
and transfer to `Federal Railroad Administration, Safety and
Operations' up to one-quarter of 1 percent of the funds provided
under this heading to fund the award and oversight by the
Administrator of grants made under this paragraph./
/Federal Transit Administration/
/supplemental grants for public transit investment/
/ For an additional amount for capital expenditures authorized
under section 5302(a)(1) of title 49, United States Code,
$8,400,000,000: /Provided,/ That the Secretary of Transportation
shall apportion 71 percent of the funds apportioned under this
heading using the formula set forth in subsections (a) through (c)
of section 5336 of title 49, United States Code, 19 percent of the
funds apportioned under this heading using the formula set forth
in section 5340 of such title, and 10 percent of the funding
apportioned under this heading using the formula set forth in
subsection 5311(c) of such title: /Provided further,/ That 180
days following the date of such apportionment, the Secretary shall
withdraw from each grantee an amount equal to 50 percent of the
funds awarded to that grantee less the amount of funding
obligated, and the Secretary shall redistribute such amounts to
other grantees that have had no funds withdrawn under this proviso
utilizing whatever method he or she deems appropriate to ensure
that all funds provided under this paragraph shall be utilized
promptly: /Provided further,/ That 1 year following the date of
such apportionment, the Secretary shall withdraw from each grantee
any unobligated funds and transfer such funds to `Supplemental
Discretionary Grants for a National Surface Transportation
System': /Provided further,/ That at the request of a grantee, the
Secretary of Transportation may provide an extension of such
1-year periods if he or she feels satisfied that the grantee has
encountered an unworkable bidding environment or other extenuating
circumstances: /Provided further,/ That before granting such an
extension, the Secretary shall send a letter to the House and
Senate Committees on Appropriations that provides a thorough
justification for the extension: /Provided further,/ That of the
funds apportioned using the formula set forth in subsection
5311(c) of title 49, United States Code, 2 percent shall be made
available for section 5311(c)(1): /Provided further,/ That of the
funding provided under this heading, $200,000,000 shall be
distributed as discretionary grants to public transit agencies for
capital investments that will assist in reducing the energy
consumption or greenhouse gas emissions of their public
transportation systems: /Provided further,/ That for such grants
on energy-related investments, priority shall be given to projects
based on the total energy savings that are projected to result
from the investment, and projected energy savings as a percentage
of the total energy usage of the public transit agency: /Provided
further,/ That the Federal share of the costs for which any grant
is made under this heading shall be at the option of the
recipient, and may be up to 100 percent: /Provided further,/ That
the amount made available under this heading shall not be subject
to any limitation on obligations for transit programs set forth in
any Act: /Provided further,/ That section 1101(b) of Public Law
109-59 shall apply to funds apportioned under this heading:
/Provided further,/ That the funds appropriated under this heading
shall be subject to subsection 5323(j) and section 5333 of title
49, United States Code as well as sections 5304 and 5305 of said
title, as appropriate, but shall not be comingled with funds
available under the Formula and Bus Grants account: /Provided
further,/ That the Administrator of the Federal Transit
Administration may retain up to $3,000,000 of the funds provided
under this heading to carry out the function of `Federal Transit
Administration, Administrative Expenses' and to fund the oversight
of grants made under this heading by the Administrator./
/Maritime Administration/
/supplemental grants for assistance to small shipyards/
/ To make grants to qualified shipyards as authorized under
section 3506 of Public Law 109-163 or section 54101 of title 46,
United States Code, $100,000,000: /Provided,/ That the Secretary
of Transportation shall institute measures to ensure that funds
provided under this heading shall be obligated within 180 days of
the date of their distribution: /Provided further,/ That the
Maritime Administrator may retain and transfer to `Maritime
Administration, Operations and Training' up to 2 percent of the
funds provided under this heading to fund the award and oversight
by the Administrator of grants made under this heading./
/Office of Inspector General/
/salaries and expenses/
/ For an additional amount for necessary expenses of the Office of
Inspector General to carry out the provisions of the Inspector
General Act of 1978, as amended, $7,750,000, to remain available
until September 30, 2011, and an additional $12,250,000 for such
purposes, to remain available until September 30, 2012:
/Provided,/ That the funding made available under this heading
shall be used for conducting audits and investigations of projects
and activities carried out with funds made available in this Act
to the Department of Transportation and to the National Railroad
Passenger Corporation: /Provided further,/ That the Inspector
General shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud, including
false statements to the Government (18 U.S.C. 1001), by any person
or entity that is subject to regulation by the Department./
/GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION/
/ Sec. 1201. Section 5309(g)(4)(A) of title 49, United States
Code, is amended by striking `or an amount equivalent to the last
3 fiscal years of funding allocated under subsections (m)(1)(A)
and (m)(2)(A)(ii)' and inserting `or the sum of the funds
available for the next 3 fiscal years beyond the current fiscal
year, assuming an annual growth of the program of 10 percent'./
/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT/
/Native American Housing Block Grants/
/ For an additional amount for `Native American Housing Block
Grants', as authorized under title I of the Native American
Housing Assistance and Self-Determination Act of 1996 (`NAHASDA')
(25 U.S.C. 4111 et seq.), $510,000,000, to remain available until
September 30, 2011: /Provided,/ That $255,000,000 of the amount
provided under this heading shall be distributed according to the
same funding formula used in fiscal year 2008: /Provided further,/
That in selecting projects to be funded, recipients shall give
priority to projects that can award contracts based on bids within
180 days from the date that funds are available to recipients:
/Provided further,/ That the Secretary shall obligate $255,000,000
of the amount provided under this heading for competitive grants
to eligible entities that apply for funds authorized under
NAHASDA: /Provided further,/ That in awarding competitive funds,
the Secretary shall give priority to projects that will spur
construction and rehabilitation and will create employment
opportunities for low-income and unemployed persons: /Provided
further,/ That recipients of funds under this heading shall
obligate 100 percent of such funds within 1 year of the date of
enactment of this Act, expend at least 50 percent of such funds
within 2 years of the date on which funds become available to such
jurisdictions for obligation, and expend 100 percent of such funds
within 3 years of such date: /Provided further,/ That if a
recipient fails to comply with either the 1-year obligation
requirement or the 2-year expenditure requirement, the Secretary
shall recapture all remaining funds awarded to the recipient and
reallocate such funds to recipients that are in compliance with
those requirements: /Provided further,/ That if a recipient fails
to comply with the 3-year expenditure requirement, the Secretary
shall recapture the balance of the funds awarded to the recipient:
/Provided further,/ That, notwithstanding any other provision of
this paragraph, the Secretary may institute measures to ensure
participation in the formula and competitive allocation of funds
provided under this paragraph by any housing entity eligible to
receive funding under title VIII of NAHASDA (25 U.S.C. 4221 et
seq.): /Provided further,/ That in administering funds provided in
this heading, the Secretary may waive any provision of any statute
or regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of
these funds except for requirements imposed by this heading and
requirements related to fair housing, nondiscrimination, labor
standards, and the environment, upon a finding that such waiver is
required to facilitate the timely use of such funds and would not
be inconsistent with the overall purpose of the statute or
regulation: /Provided further,/ That, of the funds made available
under this heading, up to 1 percent shall be available for
staffing, training, technical assistance, technology, monitoring,
research and evaluation activities: /Provided further,/ That any
funds made available under this heading used by the Secretary for
personnel expenses shall be transferred to and merged with funding
provided to `Personnel Compensation and Benefits, Office of Public
and Indian Housing': /Provided further,/ That any funds made
available under this heading used by the Secretary for training or
other administrative expenses shall be transferred to and merged
with funding provided to `Administration, Operations, and
Management', for non-personnel expenses of the Department of
Housing and Urban Development: /Provided further,/ That any funds
made available under this heading used by the Secretary for
technology shall be transferred to and merged with the funding
provided to `Working Capital Fund'./
/Public Housing Capital Fund/
/ For an additional amount for the `Public Housing Capital Fund'
to carry out capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the `Act'), $5,000,000,000,
to remain available until September 30, 2011: /Provided,/ That the
Secretary of Housing and Urban Development shall allocate
$3,000,000,000 of this amount by the formula authorized under
section 9(d)(2) of the Act, except that the Secretary may
determine not to allocate funding to public housing agencies
currently designated as troubled or to public housing agencies
that elect not to accept such funding: /Provided further,/ That
the Secretary shall make available $2,000,000,000 by competition
for priority investments, including investments that leverage
private sector funding or financing for renovations and energy
conservation retrofit investments: /Provided further,/ That public
housing agencies shall prioritize capital projects that are
already underway or included in the 5-year capital fund plans
required by the Act (42 U.S.C. 1437c-1(a)): /Provided further,/
That in allocating competitive grants under this heading, the
Secretary shall give priority consideration to the rehabilitation
of vacant rental units: /Provided further,/ That notwithstanding
any other provision of law, (1) funding provided herein may not be
used for operating or rental assistance activities, and (2) any
restriction of funding to replacement housing uses shall be
inapplicable: /Provided further,/ That notwithstanding any other
provision of law, the Secretary shall institute measures to ensure
that funds provided under this heading shall serve to supplement
and not supplant expenditures from other Federal, State, or local
sources or funds independently generated by the grantee: /Provided
further,/ That notwithstanding section 9(j), public housing
agencies shall obligate 100 percent of the funds within 1 year of
the date of enactment of this Act, shall expend at least 60
percent of funds within 2 years of the date on which funds become
available to the agency for obligation, and shall expend 100
percent of the funds within 3 years of such date: /Provided
further,/ That if a public housing agency fails to comply with
either the 1-year obligation requirement or the 2-year expenditure
requirement, the Secretary shall recapture all remaining funds
awarded to the public housing agency and reallocate such funds to
agencies that are in compliance with those requirements: /Provided
further,/ That if a public housing agency fails to comply with the
3-year expenditure requirement, the Secretary shall recapture the
balance of the funds awarded to the public housing agency:
/Provided further,/ That in administering funds provided in this
heading, the Secretary may waive any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these
funds except for requirements imposed by this heading and
requirements related to conditions on use of funds for development
and modernization, fair housing, non-discrimination, labor
standards, and the environment, upon a finding that such waiver is
required to facilitate the timely use of such funds and would not
be inconsistent with the overall purpose of the statute or
regulation: /Provided further,/ That of the funds made available
under this heading, up to 1 percent shall be available for
staffing, training, technical assistance, technology, monitoring,
research and evaluation activities: /Provided further,/ That any
funds made available under this heading used by the Secretary for
personnel expenses shall be transferred to and merged with funding
provided to `Personnel Compensation and Benefits, Office of Public
and Indian Housing': /Provided further,/ That any funds made
available under this heading used by the Secretary for training or
other administrative expenses shall be transferred to and merged
with funding provided to `Administration, Operations, and
Management', for non-personnel expenses of the Department of
Housing and Urban Development: /Provided further,/ That any funds
made available under this heading used by the Secretary for
technology shall be transferred to and merged with the funding
provided to `Working Capital Fund'./
/Home Investment Partnerships Program/
/ For an additional amount for the `HOME Investment Partnerships
Program' as authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act (the `Act'), $250,000,000, to
remain available until September 30, 2011: /Provided,/ That except
as specifically provided herein, funds provided under this heading
shall be distributed pursuant to the formula authorized by section
217 of the Act: /Provided further,/ That the Secretary may
establish a minimum grant size: /Provided further,/ That
participating jurisdictions shall obligate 100 percent of the
funds within 1 year of the date of enactment of this Act, shall
expend at least 60 percent of funds within 2 years of the date on
which funds become available to the participating jurisdiction for
obligation and shall expend 100 percent of the funds within 3
years of such date: /Provided further,/ That if a participating
jurisdiction fails to comply with either the 1-year obligation
requirement or the 2-year expenditure requirement, the Secretary
shall recapture all remaining funds awarded to the participating
jurisdiction and reallocate such funds to participating
jurisdictions that are in compliance with those requirements:
/Provided further,/ That if a participating jurisdiction fails to
comply with the 3-year expenditure requirement, the Secretary
shall recapture the balance of the funds awarded to the
participating jurisdiction: /Provided further,/ That in
administering funds under this heading, the Secretary may waive
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or
the use by the recipient of these funds except for requirements
imposed by this heading and requirements related to fair housing,
non-discrimination, labor standards and the environment, upon a
finding that such waiver is required to facilitate the timely use
of such funds and would not be inconsistent with the overall
purpose of the statute or regulation: /Provided further,/ That the
Secretary may use funds provided under this heading to provide
incentives to grantees to use funding for investments in energy
efficiency and green building technology: /Provided further,/ That
such incentives may include allocation of up to 20 percent of
funds made available under this heading other than pursuant to the
formula authorized by section 217 of the Act: /Provided further,/
That, of the funds made available under this heading, up to 1
percent shall be available for staffing, training, technical
assistance, technology, monitoring, research and evaluation
activities: /Provided further,/ That any funds made available
under this heading used by the Secretary for personnel expenses
shall be transferred to and merged with funding provided to
`Personnel Compensation and Benefits, Office of Community Planning
and Development': /Provided further,/ That any funds made
available under this heading used by the Secretary for training or
other administrative expenses shall be transferred to and merged
with funding provided to `Administration, Operations, and
Management', for non-personnel expenses of the Department of
Housing and Urban Development: /Provided further,/ That any funds
made available under this heading used by the Secretary for
technology shall be transferred to and merged with the funding
provided to `Working Capital Fund'./
/ For an additional amount for capital investments in low-income
housing tax credit projects, $2,000,000,000, to remain available
until September 30, 2011: /Provided, /That the funds shall be
allocated to States under the HOME program under this Heading
shall be made available to State housing finance agencies in an
amount totaling $2,000,000,000, subject to any changes made to a
State allocation for the benefit of a State by the Secretary of
Housing and Urban Development for areas that have suffered from
disproportionate job loss and foreclosure: /Provided further,
/That the Secretary, in consultation with the States, shall
determine the amount of funds each State shall have available
under HOME: /Provided further, /That the State housing finance
agencies (including for purposes throughout this heading any
entity that is responsible for distributing low-income housing tax
credits) or as appropriate as an entity as a gap financer, shall
distribute these funds competitively under this heading to housing
developers for projects eligible for funding (such terms including
those who may have received funding) under the low-income housing
tax credit program as provided under section 42 of the I.R.C. of
1986, with a review of both the decisionmaking and process for the
award by the Secretary of Housing and Urban Development: /Provided
further, /That funds under this heading must be awarded by State
housing finance agencies within 120 days of enactment of the Act
and obligated by the developer of the low-income housing tax
credit project within one year of the date of enactment of this
Act, shall expend 75 percent of the funds within two years of the
date on which the funds become available, and shall expend 100
percent of the funds within 3 years of such date: /Provided
further, /That failure by a developer to expend funds within the
parameters required within the previous proviso shall result in a
redistribution of these funds by a State housing finance agency or
by the Secretary if there is a more deserving project in another
jurisdiction: /Provided further, /That projects awarded tax
credits within 3 years prior to the date of enactment of this Act
shall be eligible for funding under this heading: /Provided
further, /That as part of the review, the Secretary shall ensure
equitable distribution of funds and an appropriate balance in
addressing the needs of urban and rural communities with a special
priority on areas that have suffered from excessive job loss and
foreclosures: /Provided further, /That State housing finance
agencies shall give priority to projects that require an
additional share of Federal funds in order to complete an overall
funding package, and to projects that are expected to be completed
within 3 years of enactment: /Provided further,/ That any
assistance provided to an eligible low-income housing tax credit
project under this heading shall be made in the same manner and be
subject to the same limitations (including rent, income, and use
restrictions) as an allocation of the housing credit amount
allocated by the State housing finance agency under section 42 of
the I.R.C. of 1986, except that such assistance shall not be
limited by, or otherwise affect (except as provided in subsection
(h)(3)(J) of such section), the State housing finance agency
applicable to such agency: /Provided further, /That the State
housing finance agency shall perform asset management functions to
ensure compliance with section 42 of the I.R.C. of 1986, and the
long term viability of buildings funded by assistance under this
heading: /Provided further, /That the term basis (as such term is
defined in such section 42) of a qualified low-income housing tax
credit building receiving assistance under this heading shall not
be reduced by the amount of any grant described under this
heading: /Provided further, /That the Secretary shall collect all
information related to the award of Federal funds from state
housing finance agencies and establish an internet site that shall
identify all projects selected for an award, including the amount
of the award as well as the process and all information that was
used to make the award decision./
/Homelessness Prevention Fund/
/ For homelessness prevention activities, $1,500,000,000, to
remain available until September 30, 2011: /Provided,/ That funds
provided under this heading shall be used for the provision of
short-term or medium-term rental assistance; housing relocation
and stabilization services including housing search, mediation or
outreach to property owners, credit repair, security or utility
deposits, utility payments, rental assistance for a final month at
a location, and moving cost assistance; or other appropriate
homelessness prevention activities: /Provided further,/ That
grantees receiving such assistance shall collect data on the use
of the funds awarded and persons served with this assistance in
the Homeless Management Information System (HMIS) or other
comparable database: /Provided further,/ That grantees may use up
to 5 percent of any grant for administrative costs: /Provided
further,/ That funding made available under this heading shall be
allocated to eligible grantees (as defined and designated in
sections 411 and 412 of subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act, (the `Act')) pursuant to
the formula authorized by section 413 of the Act: /Provided
further,/ That the Secretary may establish a minimum grant size:
/Provided further,/ That grantees shall expend at least 75 percent
of funds within 2 years of the date that funds became available to
them for obligation, and 100 percent of funds within 3 years of
such date, and the Secretary may recapture unexpended funds in
violation of the 2-year expenditure requirement and reallocate
such funds to grantees in compliance with that requirement:
/Provided further,/ That the Secretary may waive statutory or
regulatory provisions (except provisions for fair housing,
nondiscrimination, labor standards, and the environment) necessary
to facilitate the timely expenditure of funds: /Provided further,/
That the Secretary shall publish a notice to establish such
requirements as may be necessary to carry out the provisions of
this section within 30 days of enactment of the Act and that this
notice shall take effect upon issuance: /Provided further,/ That
of the funds provided under this heading, up to 1.5 percent shall
be available for staffing, training, technical assistance,
technology, monitoring, research and evaluation activities:
/Provided further,/ That any funds made available under this
heading used by the Secretary for personnel expense shall be
transferred to and merged with funding provided to `Community
Planning and Development Personnel Compensation and Benefits':
/Provided further,/ That any funds made available under this
heading used by the Secretary for training or other administrative
expenses shall be transferred to and merged with funding provided
to `Administration, Operations, and Management' for non-personnel
expenses of the Department of Housing and Urban Development:
/Provided further,/ That any funding made available under this
heading used by the Secretary for technology shall be transferred
to and merged with the funding provided to `Working Capital Fund.'/
/Assisted Housing Stability and Energy and Green Retrofit Investments/
/ For assistance to owners of properties receiving project-based
assistance pursuant to section 202 of the Housing Act of 1959 (12
U.S.C. 17012), section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), or section 8 of the
United States Housing Act of 1937 as amended (42 U.S.C. 1437f),
$2,250,000,000, of which $2,132,000,000 shall be for an additional
amount for paragraph (1) under the heading `Project-Based Rental
Assistance' in Public Law 110-161 for payments to owners for
12-month periods, and of which $118,000,000 shall be for grants or
loans for energy retrofit and green investments in such assisted
housing: /Provided,/ That projects funded with grants or loans
provided under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code:
/Provided further,/ That such grants or loans shall be provided
through the existing policies, procedures, contracts, and
transactional infrastructure of the authorized programs
administered by the Office of Affordable Housing Preservation of
the Department of Housing and Urban Development, on such terms and
conditions as the Secretary of Housing and Urban Development deems
appropriate to ensure the maintenance and preservation of the
property, the continued operation and maintenance of energy
efficiency technologies, and the timely expenditure of funds:
/Provided further,/ That the Secretary may provide incentives to
owners to undertake energy or green retrofits as a part of such
grant or loan terms, including, but not limited to, investment
fees to cover oversight and implementation costs incurred by said
owner, or to encourage job creation for low-income or very
low-income individuals: /Provided further,/ That the grants or
loans shall include a financial assessment and physical inspection
of such property: /Provided further,/ That eligible owners must
have at least a satisfactory management review rating, be in
substantial compliance with applicable performance standards and
legal requirements, and commit to an additional period of
affordability determined by the Secretary, but of not fewer than
15 years: /Provided further,/ That the Secretary shall undertake
appropriate underwriting and oversight with respect to grant and
loan transactions and may set aside up to 5 percent of the funds
made available under this heading for grants or loans for such
purpose: /Provided further,/ That the Secretary shall take steps
necessary to ensure that owners receiving funding for energy and
green retrofit investments under this heading shall expend such
funding within 2 years of the date they received the funding:
/Provided further,/ That the Secretary may waive or modify
statutory or regulatory requirements with respect to any existing
grant, loan, or insurance mechanism authorized to be used by the
Secretary to enable or facilitate the accomplishment of
investments supported with funds made available under this heading
for grants or loans: /Provided further,/ That of the funds
provided under this heading, up to 1.5 percent shall be available
for staffing, training, technical assistance, technology,
monitoring, research and evaluation activities: /Provided
further,/ That funding made available under this heading and used
by the Secretary for personnel expenses shall be transferred to
and merged with funding provided to `Housing Compensation and
Benefits': /Provided further,/ That any funding made available
under this heading used by the Secretary for training and other
administrative expenses shall be transferred to and merged with
funding provided to `Administration, Operations and Management'
for non-personnel expenses of the Department of Housing and Urban
Development: /Provided further,/ That any funding made available
under this heading used by the Secretary for technology shall be
transferred to and merged with funding provided to `Working
Capital Fund.'/
/Office of Healthy Homes and Lead Hazard Control/
/ For an additional amount for the `Lead Hazard Reduction', as
authorized by section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, $100,000,000, to remain available
until September 30, 2011: /Provided,/ That funds shall be awarded
first to applicant jurisdictions which had applied under the
Lead-Based Paint Hazard Control Grant Program Notice of Funding
Availability for fiscal year 2008, and were found in the
application review to be qualified for award, but were not awarded
because of funding limitations, and that any funds which remain
after reservation of funds for such grants shall be added to the
amount of funds to be awarded under the Lead-Based Paint Hazard
Control Grant Program Notice of Funding Availability for fiscal
year 2009: /Provided further,/ That each applicant jurisdiction
for the Lead-Based Paint Hazard control Grant Program Notice of
Funding Availability for fiscal year 2009 shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds: /Provided further,/ That recipients of funds under this
heading shall obligate 100 percent of such funds within 1 year of
the date of enactment of this Act, expend at least 75 percent of
such funds within 2 years of the date on which funds become
available to such jurisdictions for obligation, and expend 100
percent of such funds within 3 years of such date: /Provided
further,/ That if a recipient fails to comply with either the
1-year obligation requirement or the 2-year expenditure
requirement, the Secretary shall recapture all remaining funds
awarded to the recipient and reallocate such funds to recipients
that are in compliance with those requirements: /Provided
further,/ That if a recipient fails to comply with the 3-year
expenditure requirement, the Secretary shall recapture the balance
of the funds awarded to the recipient: /Provided further,/ That in
administering funds provided in this heading, the Secretary may
waive any provision of any statute or regulation that the
Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds except for
requirements imposed by this heading and requirements related to
fair housing, nondiscrimination, labor standards, and the
environment, upon a finding that such waiver is required to
facilitate the timely use of such funds and would not be
inconsistent with the overall purpose of the statute or
regulation: /Provided further,/ That, of the funds made available
under this heading, up to 1 percent shall be available for
staffing, training, technical assistance, technology, monitoring,
research and evaluation activities: /Provided further,/ That any
funds made available under this heading used by the Secretary for
personnel expenses shall be transferred to and merged with funding
provided to `Personnel Compensation and Benefits, Office of
Healthy Homes and Lead Hazard Control': /Provided further,/ That
any funds made available under this heading used by the Secretary
for training or other administrative expenses shall be transferred
to and merged with funding provided to `Administration,
Operations, and Management', for non-personnel expenses of the
Department of Housing and Urban Development: /Provided further,/
That any funds made available under this heading used by the
Secretary for technology shall be transferred to and merged with
the funding provided to `Working Capital Fund'./
/Office of Inspector General/
/ For an additional amount for the necessary salaries and expenses
of the Office of Inspector General in carrying out the Inspector
General Act of 1978, as amended, $2,750,000, to remain available
until September 30, 2011, and an additional $12,250,000 for such
purposes, to remain available until September 30, 2012:
/Provided,/ That the Inspector General shall have independent
authority over all personnel issues within this office./
/TITLE XIII--HEALTH INFORMATION TECHNOLOGY/
/SEC. 1301. SHORT TITLE./
/ This title may be cited as the `Health Information Technology
for Economic and Clinical Health Act' or the `HITECH Act'./
/Subtitle A--Promotion of Health Information Technology/
//PART I--IMPROVING HEALTH CARE QUALITY, SAFETY, AND EFFICIENCY//
/SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND ADOPTION./
/ The Public Health Service Act (42 U.S.C. 201 et seq.) is amended
by adding at the end the following:/
/`TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY/
/`SEC. 3000. DEFINITIONS./
/ `In this title:/
/ `(1) CERTIFIED EHR TECHNOLOGY- The term `certified EHR
technology' means a qualified electronic health record and
that is certified pursuant to section 3001(c)(5) as meeting
standards adopted under section 3004 that are applicable to
the type of record involved (as determined by the Secretary,
such as an ambulatory electronic health record for
office-based physicians or an inpatient hospital electronic
health record for hospitals)./
/ `(2) ENTERPRISE INTEGRATION- The term `enterprise
integration' means the electronic linkage of health care
providers, health plans, the government, and other
interested parties, to enable the electronic exchange and
use of health information among all the components in the
health care infrastructure in accordance with applicable
law, and such term includes related application protocols
and other related standards./
/ `(3) HEALTH CARE PROVIDER- The term `health care provider'
means a hospital, skilled nursing facility, nursing
facility, home health entity, or other long-term care
facility, health care clinic, community mental health center
(as defined in section 1913(b)), renal dialysis facility,
blood center, ambulatory surgical center described in
section 1833(i) of the Social Security Act, emergency
medical services provider, Federally qualified health
center, group practice (as defined in section 1877(h)(4) of
the Social Security Act), a pharmacist, a pharmacy, a
laboratory, a physician (as defined in section 1861(r) of
the Social Security Act), a practitioner (as described in
section 1842(b)(18)(C) of the Social Security Act), a
provider operated by, or under contract with, the Indian
Health Service or by an Indian tribe (as defined in the
Indian Self-Determination and Education Assistance Act),
tribal organization, or urban Indian organization (as
defined in section 4 of the Indian Health Care Improvement
Act), a rural health clinic, a covered entity under section
340B, and any other category of facility or clinician
determined appropriate by the Secretary./
/ `(4) HEALTH INFORMATION- The term `health information' has
the meaning given such term in section 1171(4) of the Social
Security Act./
/ `(5) HEALTH INFORMATION TECHNOLOGY- The term `health
information technology' includes hardware, software,
integrated technologies and related licenses, intellectual
property, upgrades, and packaged solutions sold as services
for use by health care entities for the electronic creation,
maintenance, access or exchange of health information./
/ `(6) HEALTH PLAN- The term `health plan' has the meaning
given such term in section 1171(5) of the Social Security Act./
/ `(7) HIT POLICY COMMITTEE- The term `HIT Policy Committee'
means such Committee established under section 3002(a)./
/ `(8) HIT STANDARDS COMMITTEE- The term `HIT Standards
Committee' means such Committee established under section
3003(a)./
/ `(9) INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION- The
term `individually identifiable health information' has the
meaning given such term in section 1171(6) of the Social
Security Act./
/ `(10) LABORATORY- The term `laboratory' has the meaning
given such term in section 353(a)./
/ `(11) NATIONAL COORDINATOR- The term `National
Coordinator' means the head of the Office of the National
Coordinator for Health Information Technology established
under section 3001(a)./
/ `(12) PHARMACIST- The term `pharmacist' has the meaning
given such term in section 804(2) of the Federal Food, Drug,
and Cosmetic Act./
/ `(13) QUALIFIED ELECTRONIC HEALTH RECORD- The term
`qualified electronic health record' means an electronic
record of health-related information on an individual that--/
/ `(A) includes patient demographic and clinical
health information, such as medical history and
problem lists; and/
/ `(B) has the capacity--/
/ `(i) to provide clinical decision support;/
/ `(ii) to support physician order entry;/
/ `(iii) to capture and query information
relevant to health care quality; and/
/ `(iv) to exchange electronic health
information with, and integrate such information
from other sources./
/ `(14) STATE- The term `State' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands./
/`Subtitle A--Promotion of Health Information Technology/
/`SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
INFORMATION TECHNOLOGY./
/ `(a) Establishment- There is established within the Department
of Health and Human Services an Office of the National Coordinator
for Health Information Technology (referred to in this section as
the `Office'). The Office shall be headed by a National
Coordinator who shall be appointed by the Secretary and shall
report directly to the Secretary./
/ `(b) Purpose- The National Coordinator shall perform the duties
under subsection (c) in a manner consistent with the development
of a nationwide health information technology infrastructure that
allows for the electronic use and exchange of information and that--/
/ `(1) ensures that each patient's health information is
secure and protected, in accordance with applicable law;/
/ `(2) improves health care quality, reduces medical errors,
and advances the delivery of patient-centered medical care;/
/ `(3) reduces health care costs resulting from
inefficiency, medical errors, inappropriate care,
duplicative care, and incomplete information;/
/ `(4) provides appropriate information to help guide
medical decisions at the time and place of care;/
/ `(5) ensures the inclusion of meaningful public input in
such development of such infrastructure;/
/ `(6) improves the coordination of care and information
among hospitals, laboratories, physician offices, and other
entities through an effective infrastructure for the secure
and authorized exchange of health care information;/
/ `(7) improves public health activities and facilitates the
early identification and rapid response to public health
threats and emergencies, including bioterror events and
infectious disease outbreaks;/
/ `(8) facilitates health and clinical research and health
care quality;/
/ `(9) promotes early detection, prevention, and management
of chronic diseases;/
/ `(10) promotes a more effective marketplace, greater
competition, greater systems analysis, increased consumer
choice, and improved outcomes in health care services; and/
/ `(11) improves efforts to reduce health disparities./
/ `(c) Duties of the National Coordinator- /
/ `(1) STANDARDS- The National Coordinator shall--/
/ `(A) review and determine whether to endorse each
standard, implementation specification, and
certification criterion for the electronic exchange
and use of health information that is recommended by
the HIT Standards Committee under section 3003 for
purposes of adoption under section 3004;/
/ `(B) make such determinations under subparagraph
(A), and report to the Secretary such determinations,
not later than 45 days after the date the
recommendation is received by the Coordinator;/
/ `(C) review Federal health information technology
investments to ensure that Federal health information
technology programs are meeting the objectives of the
strategic plan published under paragraph (3); and/
/ `(D) provide comments and advice regarding specific
Federal health information technology programs, at the
request of the Office of Management and Budget./
/ `(2) HIT POLICY COORDINATION- /
/ `(A) IN GENERAL- The National Coordinator shall
coordinate health information technology policy and
programs of the Department with those of other
relevant executive branch agencies with a goal of
avoiding duplication of efforts and of helping to
ensure that each agency undertakes health information
technology activities primarily within the areas of
its greatest expertise and technical capability and in
a manner towards a coordinated national goal./
/ `(B) HIT POLICY AND STANDARDS COMMITTEES- The
National Coordinator shall be a leading member in the
establishment and operations of the HIT Policy
Committee and the HIT Standards Committee and shall
serve as a liaison among those two Committees and the
Federal Government./
/ `(3) STRATEGIC PLAN- /
/ `(A) IN GENERAL- The National Coordinator shall, in
consultation with other appropriate Federal agencies
(including the National Institute of Standards and
Technology), update the Federal Health IT Strategic
Plan (developed as of June 3, 2008) to include
specific objectives, milestones, and metrics with
respect to the following:/
/ `(i) The electronic exchange and use of health
information and the enterprise integration of
such information./
/ `(ii) The utilization of an electronic health
record for each person in the United States by
2014./
/ `(iii) The incorporation of privacy and
security protections for the electronic exchange
of an individual's individually identifiable
health information./
/ `(iv) Ensuring security methods to ensure
appropriate authorization and electronic
authentication of health information and
specifying technologies or methodologies for
rendering health information unusable,
unreadable, or indecipherable./
/ `(v) Specifying a framework for coordination
and flow of recommendations and policies under
this subtitle among the Secretary, the National
Coordinator, the HIT Policy Committee, the HIT
Standards Committee, and other health
information exchanges and other relevant entities./
/ `(vi) Methods to foster the public
understanding of health information technology./
/ `(vii) Strategies to enhance the use of health
information technology in improving the quality
of health care, reducing medical errors,
reducing health disparities, improving public
health, increasing prevention and coordination
with community resources, and improving the
continuity of care among health care settings./
/ `(viii) Specific plans for ensuring that
populations with unique needs, such as children,
are appropriately addressed in the technology
design, as appropriate, which may include
technology that automates enrollment and
retention for eligible individuals./
/ `(B) COLLABORATION- The strategic plan shall be
updated through collaboration of public and private
entities./
/ `(C) MEASURABLE OUTCOME GOALS- The strategic plan
update shall include measurable outcome goals./
/ `(D) PUBLICATION- The National Coordinator shall
republish the strategic plan, including all updates./
/ `(4) WEBSITE- The National Coordinator shall maintain and
frequently update an Internet website on which there is
posted information on the work, schedules, reports,
recommendations, and other information to ensure
transparency in promotion of a nationwide health information
technology infrastructure./
/ `(5) HARMONIZATION- The Secretary may recognize an entity
or entities for the purpose of harmonizing or updating
standards and implementation specifications in order to
achieve uniform and consistent implementation of the
standards and implementation specifications./
/ `(6) CERTIFICATION- /
/ `(A) IN GENERAL- The National Coordinator, in
consultation with the Director of the National
Institute of Standards and Technology, shall recognize
a program or programs for the voluntary certification
of health information technology as being in
compliance with applicable certification criteria
adopted under this subtitle. Such program shall
include, as appropriate, testing of the technology in
accordance with section 14201(b) of the Health
Information Technology for Economic and Clinical
Health Act./
/ `(B) CERTIFICATION CRITERIA DESCRIBED- In this
title, the term `certification criteria' means, with
respect to standards and implementation specifications
for health information technology, criteria to
establish that the technology meets such standards and
implementation specifications./
/ `(6) REPORTS AND PUBLICATIONS- /
/ `(A) REPORT ON ADDITIONAL FUNDING OR AUTHORITY
NEEDED- Not later than 12 months after the date of the
enactment of this title, the National Coordinator
shall submit to the appropriate committees of
jurisdiction of the House of Representatives and the
Senate a report on any additional funding or authority
the Coordinator or the HIT Policy Committee or HIT
Standards Committee requires to evaluate and develop
standards, implementation specifications, and
certification criteria, or to achieve full
participation of stakeholders in the adoption of a
nationwide health information technology
infrastructure that allows for the electronic use and
exchange of health information./
/ `(B) IMPLEMENTATION REPORT- The National Coordinator
shall prepare a report that identifies lessons learned
from major public and private health care systems in
their implementation of health information technology,
including information on whether the technologies and
practices developed by such systems may be applicable
to and usable in whole or in part by other health care
providers./
/ `(C) ASSESSMENT OF IMPACT OF HIT ON COMMUNITIES WITH
HEALTH DISPARITIES AND UNINSURED, UNDERINSURED, AND
MEDICALLY UNDERSERVED AREAS- The National Coordinator
shall assess and publish the impact of health
information technology in communities with health
disparities and in areas with a high proportion of
individuals who are uninsured, underinsured, and
medically underserved individuals (including urban and
rural areas) and identify practices to increase the
adoption of such technology by health care providers
in such communities, and the use of health information
technology to reduce and better manage chronic diseases./
/ `(D) EVALUATION OF BENEFITS AND COSTS OF THE
ELECTRONIC USE AND EXCHANGE OF HEALTH INFORMATION- The
National Coordinator shall evaluate and publish
evidence on the benefits and costs of the electronic
use and exchange of health information and assess to
whom these benefits and costs accrue./
/ (E) RESOURCE REQUIREMENTS- The National Coordinator
shall estimate and publish resources required annually
to reach the goal of utilization of an electronic
health record for each person in the United States by
2014, including--/
/ (i) the required level of Federal funding;/
/ (ii) expectations for regional, State, and
private investment;/
/ (iii) the expected contributions by volunteers
to activities for the utilization of such
records; and/
/ (iv) the resources needed to establish or
expand education programs in medical and health
informatics and health information management to
train health care and information technology
students and provide a health information
technology workforce sufficient to ensure the
rapid and effective deployment and utilization
of health information technologies./
/ `(7) ASSISTANCE- The National Coordinator may provide
financial assistance to consumer advocacy groups and
not-for-profit entities that work in the public interest for
purposes of defraying the cost to such groups and entities
to participate under, whether in whole or in part, the
National Technology Transfer Act of 1995 (15 U.S.C. 272 note)./
/ `(8) GOVERNANCE FOR NATIONWIDE HEALTH INFORMATION NETWORK-
The National Coordinator shall establish a governance
mechanism for the nationwide health information network./
/ `(d) Detail of Federal Employees- /
/ `(1) IN GENERAL- Upon the request of the National
Coordinator, the head of any Federal agency is authorized to
detail, with or without reimbursement from the Office, any
of the personnel of such agency to the Office to assist it
in carrying out its duties under this section./
/ `(2) EFFECT OF DETAIL- Any detail of personnel under
paragraph (1) shall--/
/ `(A) not interrupt or otherwise affect the civil
service status or privileges of the Federal employee; and/
/ `(B) be in addition to any other staff of the
Department employed by the National Coordinator./
/ `(3) ACCEPTANCE OF DETAILEES- Notwithstanding any other
provision of law, the Office may accept detailed personnel
from other Federal agencies without regard to whether the
agency described under paragraph (1) is reimbursed./
/ `(e) Chief Privacy Officer of the Office of the National
Coordinator- Not later than 12 months after the date of the
enactment of this title, the Secretary shall appoint a Chief
Privacy Officer of the Office of the National Coordinator, whose
duty it shall be to advise the National Coordinator on privacy,
security, and data stewardship of electronic health information
and to coordinate with other Federal agencies (and similar privacy
officers in such agencies), with State and regional efforts, and
with foreign countries with regard to the privacy, security, and
data stewardship of electronic individually identifiable health
information./
/`SEC. 3002. HIT POLICY COMMITTEE./
/ `(a) Establishment- There is established a HIT Policy Committee
to make policy recommendations to the National Coordinator
relating to the implementation of a nationwide health information
technology infrastructure, including implementation of the
strategic plan described in section 3001(c)(3)./
/ `(b) Duties- /
/ `(1) RECOMMENDATIONS ON HEALTH INFORMATION TECHNOLOGY
INFRASTRUCTURE- The HIT Policy Committee shall recommend a
policy framework for the development and adoption of a
nationwide health information technology infrastructure that
permits the electronic exchange and use of health
information as is consistent with the strategic plan under
section 3001(c)(3) and that includes the recommendations
under paragraph (2). The Committee shall update such
recommendations and make new recommendations as appropriate./
/ `(2) SPECIFIC AREAS OF STANDARD DEVELOPMENT- /
/ `(A) IN GENERAL- The HIT Policy Committee shall
recommend the areas in which standards, implementation
specifications, and certification criteria are needed
for the electronic exchange and use of health
information for purposes of adoption under section
3004 and shall recommend an order of priority for the
development, harmonization, and recognition of such
standards, specifications, and certification criteria
among the areas so recommended. Such standards and
implementation specifications shall include named
standards, architectures, and software schemes for the
authentication and security of individually
identifiable health information and other information
as needed to ensure the reproducible development of
common solutions across disparate entities./
/ `(B) AREAS REQUIRED FOR CONSIDERATION- For purposes
of subparagraph (A), the HIT Policy Committee shall
make recommendations for at least the following areas:/
/ `(i) Technologies that protect the privacy of
health information and promote security in a
qualified electronic health record, including
for the segmentation and protection from
disclosure of specific and sensitive
individually identifiable health information
with the goal of minimizing the reluctance of
patients to seek care (or disclose information
about a condition) because of privacy concerns,
in accordance with applicable law, and for the
use and disclosure of limited data sets of such
information./
/ `(ii) A nationwide health information
technology infrastructure that allows for the
electronic use and accurate exchange of health
information./
/ `(iii) The utilization of a certified
electronic health record for each person in the
United States by 2014./
/ `(iv) Technologies that as a part of a
qualified electronic health record allow for an
accounting of disclosures made by a covered
entity (as defined for purposes of regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of
1996) for purposes of treatment, payment, and
health care operations (as such terms are
defined for purposes of such regulations)./
/ `(v) The use of certified electronic health
records to improve the quality of health care,
such as by promoting the coordination of health
care and improving continuity of health care
among health care providers, by reducing medical
errors, by improving population health, reducing
chronic disease, and by advancing research and
education./
/ `(vi) The use of electronic systems to ensure
the comprehensive collection of patient
demographic data, including, at a minimum, race,
ethnicity, primary language, and gender
information./
/ `(vii) Technologies and design features that
address the needs of children and other
vulnerable populations./
/ `(C) OTHER AREAS FOR CONSIDERATION- In making
recommendations under subparagraph (A), the HIT Policy
Committee may consider the following additional areas:/
/ `(i) The appropriate uses of a nationwide
health information infrastructure, including for
purposes of--/
/ `(I) the collection of quality data and
public reporting;/
/ `(II) biosurveillance and public health;/
/ `(III) medical and clinical research; and/
/ `(IV) drug safety./
/ `(ii) Self-service technologies that
facilitate the use and exchange of patient
information and reduce wait times./
/ `(iii) Telemedicine technologies, in order to
reduce travel requirements for patients in
remote areas./
/ `(iv) Technologies that facilitate home health
care and the monitoring of patients recuperating
at home./
/ `(v) Technologies that help reduce medical
errors./
/ `(vi) Technologies that facilitate the
continuity of care among health settings./
/ `(vii) Technologies that meet the needs of
diverse populations./
/ `(viii) Methods to facilitate secure access by
an individual to such individual's protected
health information./
/ `(ix) Methods, guidelines, and safeguards to
facilitate secure access to patient information
by a family member, caregiver, or guardian
acting on behalf of a patient due to age-related
and other disability, cognitive impairment, or
dementia that prevents a patient from accessing
the patient's individually identifiable health
information./
/ `(x) Any other technology that the HIT Policy
Committee finds to be among the technologies
with the greatest potential to improve the
quality and efficiency of health care./
/ `(3) FORUM- The HIT Policy Committee shall serve as a
forum for broad stakeholder input with specific expertise in
policies relating to the matters described in paragraphs (1)
and (2)./
/ `(4) CONSISTENCY WITH EVALUATION CONDUCTED UNDER MIPPA- /
/ `(A) REQUIREMENT FOR CONSISTENCY- The HIT Policy
Committee shall ensure that recommendations made under
paragraph (2)(B)(vi) are consistent with the
evaluation conducted under section 1809(a) of the
Social Security Act./
/ `(B) SCOPE- Nothing in subparagraph (A) shall be
construed to limit the recommendations under paragraph
(2)(B)(vi) to the elements described in section
1809(a)(3) of the Social Security Act./
/ `(C) TIMING- The requirement under subparagraph (A)
shall be applicable to the extent that evaluations
have been conducted under section 1809(a) of the
Social Security Act, regardless of whether the report
described in subsection (b) of such section has been
submitted./
/ `(c) Membership and Operations- /
/ `(1) IN GENERAL- The National Coordinator shall provide
leadership in the establishment and operations of the HIT
Policy Committee./
/ `(2) MEMBERSHIP- The HIT Policy Committee shall be
composed of members to be appointed as follows:/
/ `(A) One member shall be appointed by the Secretary./
/ `(B) One member shall be appointed by the Secretary
of Veterans Affairs who shall represent the Department
of Veterans Affairs./
/ `(C) One member shall be appointed by the Secretary
of Defense who shall represent the Department of Defense./
/ `(D) One member shall be appointed by the Majority
Leader of the Senate./
/ `(E) One member shall be appointed by the Minority
Leader of the Senate./
/ `(F) One member shall be appointed by the Speaker of
the House of Representatives./
/ `(G) One member shall be appointed by the Minority
Leader of the House of Representatives./
/ `(H) Eleven members shall be appointed by the
Comptroller General of the United States, of whom--/
/ `(i) three members shall represent patients or
consumers;/
/ `(ii) one member shall represent health care
providers;/
/ `(iii) one member shall be from a labor
organization representing health care workers;/
/ `(iv) one member shall have expertise in
privacy and security;/
/ `(v) one member shall have expertise in
improving the health of vulnerable populations;/
/ `(vi) one member shall represent health plans
or other third party payers;/
/ `(vii) one member shall represent information
technology vendors;/
/ `(viii) one member shall represent purchasers
or employers; and/
/ `(ix) one member shall have expertise in
health care quality measurement and reporting./
/ `(3) CHAIRPERSON AND VICE CHAIRPERSON- The HIT Policy
Committee shall designate one member to serve as the
chairperson and one member to serve as the vice chairperson
of the Policy Committee./
/ `(4) NATIONAL COORDINATOR- The National Coordinator shall
serve as a member of the HIT Policy Committee and act as a
liaison among the HIT Policy Committee, the HIT Standards
Committee, and the Federal Government./
/ `(5) PARTICIPATION- The members of the HIT Policy
Committee appointed under paragraph (2) shall represent a
balance among various sectors of the health care system so
that no single sector unduly influences the recommendations
of the Policy Committee./
/ `(6) TERMS- /
/ `(A) IN GENERAL- The terms of the members of the HIT
Policy Committee shall be for 3 years, except that the
Comptroller General shall designate staggered terms
for the members first appointed./
/ `(B) VACANCIES- Any member appointed to fill a
vacancy in the membership of the HIT Policy Committee
that occurs prior to the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A
member may serve after the expiration of that member's
term until a successor has been appointed. A vacancy
in the HIT Policy Committee shall be filled in the
manner in which the original appointment was made./
/ `(7) OUTSIDE INVOLVEMENT- The HIT Policy Committee shall
ensure an adequate opportunity for the participation of
outside advisors, including individuals with expertise in--/
/ `(A) health information privacy and security;/
/ `(B) improving the health of vulnerable populations;/
/ `(C) health care quality and patient safety,
including individuals with expertise in the
measurement and use of health information technology
to capture data to improve health care quality and
patient safety;/
/ `(D) long-term care and aging services;/
/ `(E) medical and clinical research; and/
/ `(F) data exchange and developing health information
technology standards and new health information
technology./
/ `(8) QUORUM- Ten members of the HIT Policy Committee shall
constitute a quorum for purposes of voting, but a lesser
number of members may meet and hold hearings./
/ `(9) FAILURE OF INITIAL APPOINTMENT- If, on the date that
is 45 days after the date of enactment of this title, an
official authorized under paragraph (2) to appoint one or
more members of the HIT Policy Committee has not appointed
the full number of members that such paragraph authorizes
such official to appoint--/
/ `(A) the number of members that such official is
authorized to appoint shall be reduced to the number
that such official has appointed as of that date; and/
/ `(B) the number prescribed in paragraph (8) as the
quorum shall be reduced to the smallest whole number
that is greater than one-half of the total number of
members who have been appointed as of that date./
/ `(10) CONSIDERATION- The National Coordinator shall ensure
that the relevant recommendations and comments from the
National Committee on Vital and Health Statistics are
considered in the development of policies./
/ `(d) Application of Faca- The Federal Advisory Committee Act (5
U.S.C. App.), other than section 14 of such Act, shall apply to
the HIT Policy Committee./
/ `(e) Publication- The Secretary shall provide for publication in
the Federal Register and the posting on the Internet website of
the Office of the National Coordinator for Health Information
Technology of all policy recommendations made by the HIT Policy
Committee under this section./
/`SEC. 3003. HIT STANDARDS COMMITTEE./
/ `(a) Establishment- There is established a committee to be known
as the HIT Standards Committee to recommend to the National
Coordinator standards, implementation specifications, and
certification criteria for the electronic exchange and use of
health information for purposes of adoption under section 3004,
consistent with the implementation of the strategic plan described
in section 3001(c)(3) and beginning with the areas listed in
section 3002(b)(2)(B) in accordance with policies developed by the
HIT Policy Committee./
/ `(b) Duties- /
/ `(1) STANDARD DEVELOPMENT- /
/ `(A) IN GENERAL- The HIT Standards Committee shall
recommend to the National Coordinator standards,
implementation specifications, and certification
criteria described in subsection (a) that have been
developed, harmonized, or recognized by the HIT
Standards Committee. The HIT Standards Committee shall
update such recommendations and make new
recommendations as appropriate, including in response
to a notification sent under section 3004(b)(2). Such
recommendations shall be consistent with the latest
recommendations made by the HIT Policy Committee./
/ `(B) PILOT TESTING OF STANDARDS AND IMPLEMENTATION
SPECIFICATIONS- In the development, harmonization, or
recognition of standards and implementation
specifications, the HIT Standards Committee shall, as
appropriate, provide for the testing of such standards
and specifications by the National Institute for
Standards and Technology under section 14201 of the
Health Information Technology for Economic and
Clinical Health Act./
/ `(C) CONSISTENCY- The standards, implementation
specifications, and certification criteria recommended
under this subsection shall be consistent with the
standards for information transactions and data
elements adopted pursuant to section 1173 of the
Social Security Act./
/ `(2) FORUM- The HIT Standards Committee shall serve as a
forum for the participation of a broad range of stakeholders
to provide input on the development, harmonization, and
recognition of standards, implementation specifications, and
certification criteria necessary for the development and
adoption of a nationwide health information technology
infrastructure that allows for the electronic use and
exchange of health information./
/ `(3) SCHEDULE- Not later than 90 days after the date of
the enactment of this title, the HIT Standards Committee
shall develop a schedule for the assessment of policy
recommendations developed by the HIT Policy Committee under
section 3002. The HIT Standards Committee shall update such
schedule annually. The Secretary shall publish such schedule
in the Federal Register./
/ `(4) PUBLIC INPUT- The HIT Standards Committee shall
conduct open public meetings and develop a process to allow
for public comment on the schedule described in paragraph
(3) and recommendations described in this subsection. Under
such process comments shall be submitted in a timely manner
after the date of publication of a recommendation under this
subsection./
/ `(5) CONSIDERATION- The National Coordinator shall ensure
that the relevant recommendations and comments from the
National Committee on Vital and Health Statistics are
considered in the development of standards./
/ `(c) Membership and Operations- /
/ `(1) IN GENERAL- The National Coordinator shall provide
leadership in the establishment and operations of the HIT
Standards Committee./
/ `(2) MEMBERSHIP- The membership of the HIT Standards
Committee shall at least reflect providers, ancillary
healthcare workers, consumers, purchasers, health plans,
technology vendors, researchers, relevant Federal agencies,
and individuals with technical expertise on health care
quality, privacy and security, and on the electronic
exchange and use of health information./
/ `(3) BROAD PARTICIPATION- There is broad participation in
the HIT Standards Committee by a variety of public and
private stakeholders, either through membership in the
Committee or through another means./
/ `(4) CHAIRPERSON; VICE CHAIRPERSON- The HIT Standards
Committee may designate one member to serve as the
chairperson and one member to serve as the vice chairperson./
/ `(5) DEPARTMENT MEMBERSHIP- The Secretary shall be a
member of the HIT Standards Committee. The National
Coordinator shall act as a liaison among the HIT Standards
Committee, the HIT Policy Committee, and the Federal
Government./
/ `(6) BALANCE AMONG SECTORS- In developing the procedures
for conducting the activities of the HIT Standards
Committee, the HIT Standards Committee shall act to ensure a
balance among various sectors of the health care system so
that no single sector unduly influences the actions of the
HIT Standards Committee./
/ `(7) ASSISTANCE- For the purposes of carrying out this
section, the Secretary may provide or ensure that financial
assistance is provided by the HIT Standards Committee to
defray in whole or in part any membership fees or dues
charged by such Committee to those consumer advocacy groups
and not for profit entities that work in the public interest
as a part of their mission./
/ `(d) Open and Public Process- In providing for the establishment
of the HIT Standards Committee pursuant to subsection (a), the
Secretary shall ensure the following:/
/ `(1) CONSENSUS APPROACH; OPEN PROCESS- The HIT Standards
Committee shall use a consensus approach and a fair and open
process to support the development, harmonization, and
recognition of standards described in subsection (a)(1)./
/ `(2) PARTICIPATION OF OUTSIDE ADVISERS- The HIT Standards
Committee shall ensure an adequate opportunity for the
participation of outside advisors, including individuals
with expertise in--/
/ `(A) health information privacy;/
/ `(B) health information security;/
/ `(C) health care quality and patient safety,
including individuals with expertise in utilizing
health information technology to improve healthcare
quality and patient safety;/
/ `(D) long-term care and aging services; and/
/ `(E) data exchange and developing health information
technology standards and new health information
technology./
/ `(3) OPEN MEETINGS- Plenary and other regularly scheduled
formal meetings of the HIT Standards Committee (or
established subgroups thereof) shall be open to the public./
/ `(4) PUBLICATION OF MEETING NOTICES AND MATERIALS PRIOR TO
MEETINGS- The HIT Standards Committee shall develop and
maintain an Internet website on which it publishes, prior to
each meeting, a meeting notice, a meeting agenda, and
meeting materials./
/ `(5) OPPORTUNITY FOR PUBLIC COMMENT- The HIT Standards
Committee shall develop a process that allows for public
comment during the process by which the Entity develops,
harmonizes, or recognizes standards and implementation
specifications./
/ `(e) Voluntary Consensus Standard Body- The provisions of
section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) and the Office of Management and
Budget circular 119 shall apply to the HIT Standards Committee./
/ `(f) Publication- The Secretary shall provide for publication in
the Federal Register and the posting on the Internet website of
the Office of the National Coordinator for Health Information
Technology of all recommendations made by the HIT Standards
Committee under this section./
/`SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED RECOMMENDATIONS;
ADOPTION OF INITIAL SET OF STANDARDS, IMPLEMENTATION
SPECIFICATIONS, AND CERTIFICATION CRITERIA./
/ `(a) Process for Adoption of Endorsed Recommendations- /
/ `(1) REVIEW OF ENDORSED STANDARDS, IMPLEMENTATION
SPECIFICATIONS, AND CERTIFICATION CRITERIA- Not later than
90 days after the date of receipt of standards,
implementation specifications, or certification criteria
endorsed under section 3001(c), the Secretary, in
consultation with representatives of other relevant Federal
agencies, shall jointly review such standards,
implementation specifications, or certification criteria and
shall determine whether or not to propose adoption of such
standards, implementation specifications, or certification
criteria./
/ `(2) DETERMINATION TO ADOPT STANDARDS, IMPLEMENTATION
SPECIFICATIONS, AND CERTIFICATION CRITERIA- If the Secretary
determines--/
/ `(A) to propose adoption of any grouping of such
standards, implementation specifications, or
certification criteria, the Secretary shall, by
regulation, determine whether or not to adopt such
grouping of standards, implementation specifications,
or certification criteria; or/
/ `(B) not to propose adoption of any grouping of
standards, implementation specifications, or
certification criteria, the Secretary shall notify the
National Coordinator and the HIT Standards Committee
in writing of such determination and the reasons for
not proposing the adoption of such recommendation./
/ `(3) PUBLICATION- The Secretary shall provide for
publication in the Federal Register of all determinations
made by the Secretary under paragraph (1)./
/ `(b) Adoption of Standards, Implementation Specifications, and
Certification Criteria- /
/ `(1) IN GENERAL- Not later than December 31, 2009, the
Secretary shall, through the rulemaking process described in
section 3003, adopt an initial set of standards,
implementation specifications, and certification criteria
for the areas required for consideration under section
3002(b)(2)(B)./
/ `(2) APPLICATION OF CURRENT STANDARDS, IMPLEMENTATION
SPECIFICATIONS, AND CERTIFICATION CRITERIA- The standards,
implementation specifications, and certification criteria
adopted before the date of the enactment of this title
through the process existing through the Office of the
National Coordinator for Health Information Technology may
be applied towards meeting the requirement of paragraph (1)./
/ `(3) SUBSEQUENT STANDARDS ACTIVITY- The Secretary shall
adopt additional standards, implementation specifications,
and certification criteria as necessary and consistent with
the schedule published under section 3003(b)(2)./
/`SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND
IMPLEMENTATION SPECIFICATIONS BY FEDERAL AGENCIES./
/ `For requirements relating to the application and use by Federal
agencies of the standards and implementation specifications
adopted under section 3004, see section 13111 of the Health
Information Technology for Economic and Clinical Health Act./
/`SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED STANDARDS
AND IMPLEMENTATION SPECIFICATIONS BY PRIVATE ENTITIES./
/ `(a) In General- Except as provided under section 13112 of the
Health Information Technology for Economic and Clinical Health
Act, any standard or implementation specification adopted under
section 3004 shall be voluntary with respect to private entities./
/ `(b) Rule of Construction- Nothing in this subtitle shall be
construed to require that a private entity that enters into a
contract with the Federal Government apply or use the standards
and implementation specifications adopted under section 3004 with
respect to activities not related to the contract./
/`SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY./
/ `(a) In General- The National Coordinator shall support the
development and routine updating of qualified electronic health
record technology (as defined in section 3000) consistent with
subsections (b) and (c) and make available such qualified
electronic health record technology unless the Secretary and the
HIT Policy Committee determine through an assessment that the
needs and demands of providers are being substantially and
adequately met through the marketplace./
/ `(b) Certification- In making such EHR technology publicly
available, the National Coordinator shall ensure that the
qualified EHR technology described in subsection (a) is certified
under the program developed under section 3001(c)(3) to be in
compliance with applicable standards adopted under section 3003(a)./
/ `(c) Authorization To Charge a Nominal Fee- The National
Coordinator may impose a nominal fee for the adoption by a health
care provider of the health information technology system
developed or approved under subsection (a) and (b). Such fee shall
take into account the financial circumstances of smaller
providers, low income providers, and providers located in rural or
other medically underserved areas./
/ `(d) Rule of Construction- Nothing in this section shall be
construed to require that a private or government entity adopt or
use the technology provided under this section./
/SEC. 3008. TRANSITIONS./
/ `(a) ONCHIT- Nothing in section 3001 shall be construed as
requiring the creation of a new entity to the extent that the
Office of the National Coordinator for Health Information
Technology established pursuant to Executive Order 13335 is
consistent with the provisions of section 3001./
/ `(b) National EHealth Collaborative- Nothing in sections 3002 or
3003 or this subsection shall be construed as prohibiting the
National eHealth Collaborative from modifying its charter, duties,
membership, and any other structure or function required to be
consistent with the requirements of a voluntary consensus
standards body so as to allow the Secretary to recognize the
National eHealth Collaborative as the HIT Standards Committee./
/ `(c) Consistency of Recommendations- In carrying out section
3003(b)(1)(A), until recommendations are made by the HIT Policy
Committee, recommendations of the HIT Standards Committee shall be
consistent with the most recent recommendations made by such AHIC
Successor, Inc./
/`SEC. 3009. RELATION TO HIPAA PRIVACY AND SECURITY LAW./
/ `(a) In General- With respect to the relation of this title to
HIPAA privacy and security law:/
/ `(1) This title may not be construed as having any effect
on the authorities of the Secretary under HIPAA privacy and
security law./
/ `(2) The purposes of this title include ensuring that the
health information technology standards and implementation
specifications adopted under section 3004 take into account
the requirements of HIPAA privacy and security law./
/ `(b) Definition- For purposes of this section, the term `HIPAA
privacy and security law' means--/
/ `(1) the provisions of part C of title XI of the Social
Security Act, section 264 of the Health Insurance
Portability and Accountability Act of 1996, and subtitle D
of the Health Information Technology for Economic and
Clinical Health Act; and/
/ `(2) regulations under such provisions.'./
/SEC. 13102. TECHNICAL AMENDMENT./
/ Section 1171(5) of the Social Security Act (42 U.S.C. 1320d) is
amended by striking `or C' and inserting `C, or D'./
//PART II--APPLICATION AND USE OF ADOPTED HEALTH INFORMATION
TECHNOLOGY STANDARDS; REPORTS//
/SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH ADOPTED
STANDARDS AND IMPLEMENTATION SPECIFICATIONS./
/ (a) Spending on Health Information Technology Systems- As each
agency (as defined in the Executive Order issued on August 22,
2006, relating to promoting quality and efficient health care in
Federal government administered or sponsored health care programs)
implements, acquires, or upgrades health information technology
systems used for the direct exchange of individually identifiable
health information between agencies and with non-Federal entities,
it shall utilize, where available, health information technology
systems and products that meet standards and implementation
specifications adopted under section 3004(b) of the Public Health
Service Act, as added by section 13101./
/ (b) Federal Information Collection Activities- With respect to a
standard or implementation specification adopted under section
3004(b) of the Public Health Service Act, as added by section
13101, the President shall take measures to ensure that Federal
activities involving the broad collection and submission of health
information are consistent with such standard or implementation
specification, respectively, within three years after the date of
such adoption./
/ (c) Application of Definitions- The definitions contained in
section 3000 of the Public Health Service Act, as added by section
13101, shall apply for purposes of this part./
/SEC. 13112. APPLICATION TO PRIVATE ENTITIES./
/ Each agency (as defined in such Executive Order issued on August
22, 2006, relating to promoting quality and efficient health care
in Federal government administered or sponsored health care
programs) shall require in contracts or agreements with health
care providers, health plans, or health insurance issuers that as
each provider, plan, or issuer implements, acquires, or upgrades
health information technology systems, it shall utilize, where
available, health information technology systems and products that
meet standards and implementation specifications adopted under
section 3004(b) of the Public Health Service Act, as added by
section 13101./
/SEC. 13113. STUDY AND REPORTS./
/ (a) Report on Adoption of Nationwide System- Not later than 2
years after the date of the enactment of this Act and annually
thereafter, the Secretary of Health and Human Services shall
submit to the appropriate committees of jurisdiction of the House
of Representatives and the Senate a report that--/
/ (1) describes the specific actions that have been taken by
the Federal Government and private entities to facilitate
the adoption of a nationwide system for the electronic use
and exchange of health information;/
/ (2) describes barriers to the adoption of such a
nationwide system; and/
/ (3) contains recommendations to achieve full
implementation of such a nationwide system./
/ (b) Reimbursement Incentive Study and Report- /
/ (1) STUDY- The Secretary of Health and Human Services
shall carry out, or contract with a private entity to carry
out, a study that examines methods to create efficient
reimbursement incentives for improving health care quality
in Federally qualified health centers, rural health clinics,
and free clinics./
/ (2) REPORT- Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the appropriate committees of
jurisdiction of the House of Representatives and the Senate
a report on the study carried out under paragraph (1)./
/ (c) Aging Services Technology Study and Report- /
/ (1) IN GENERAL- The Secretary of Health and Human Services
shall carry out, or contract with a private entity to carry
out, a study of matters relating to the potential use of new
aging services technology to assist seniors, individuals
with disabilities, and their caregivers throughout the aging
process./
/ (2) MATTERS TO BE STUDIED- The study under paragraph (1)
shall include--/
/ (A) an evaluation of--/
/ (i) methods for identifying current, emerging,
and future health technology that can be used to
meet the needs of seniors and individuals with
disabilities and their caregivers across all
aging services settings, as specified by the
Secretary;/
/ (ii) methods for fostering scientific
innovation with respect to aging services
technology within the business and academic
communities; and/
/ (iii) developments in aging services
technology in other countries that may be
applied in the United States; and/
/ (B) identification of--/
/ (i) barriers to innovation in aging services
technology and devising strategies for removing
such barriers; and/
/ (ii) barriers to the adoption of aging
services technology by health care providers and
consumers and devising strategies to removing
such barriers./
/ (3) REPORT- Not later than 24 months after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of jurisdiction of the House of
Representatives and of the Senate a report on the study
carried out under paragraph (1)./
/ (4) DEFINITIONS- For purposes of this subsection:/
/ (A) AGING SERVICES TECHNOLOGY- The term `aging
services technology' means health technology that
meets the health care needs of seniors, individuals
with disabilities, and the caregivers of such seniors
and individuals./
/ (B) SENIOR- The term `senior' has such meaning as
specified by the Secretary./
/GENERAL PROVISIONS--HOPE FOR HOMEOWNERS AMENDMENTS/
/ Sec. 1211. Section 257 of the National Housing Act (12 U.S.C.
1715z-23), as amended by the Emergency Economic Stabilization Act
of 2008 (Public Law 110-343), is amended--/
/ (1) in subsection (e)(1)(B), by inserting after `being
reset,' the following: `or has, due to a decrease in income,';/
/ (2) in subsection (k)(2), by striking `and the mortgagor'
and all that follows through the end and inserting `shall,
upon any sale or disposition of the property to which the
mortgage relates, be entitled to 25 percent of appreciation,
up to the appraised value of the home at the time when the
mortgage being refinanced under this section was originally
made. The Secretary may share any amounts received under
this paragraph with the holder of the eligible mortgage
refinanced under this section.';/
/ (3) in subsection (i)--/
/ (A) by inserting `, after weighing maximization of
participation with consideration for the solvency of
the program,' after `Secretary shall';/
/ (B) in paragraph (1), by striking `equal to 3
percent' and inserting `not more than 2 percent'; and/
/ (C) in paragraph (2), by striking `equal to 1.5
percent' and inserting `not more than 1 percent'; and/
/ (4) by adding at the end the following:/
/ `(x) Auctions- The Board shall, if feasible, establish a
structure and organize procedures for an auction to refinance
eligible mortgages on a wholesale or bulk basis./
/ `(y) Compensation of Servicers- To provide incentive for
participation in the program under this section, each servicer of
an eligible mortgage insured under this section shall be paid
$1,000 for performing services associated with refinancing such
mortgage, or such other amount as the Board determines is
warranted. Funding for such compensation shall be provided by
funds realized through the HOPE bond under subsection (w).'./
/Subtitle B--Testing of Health Information Technology/
/SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY TESTING./
/ (a) Pilot Testing of Standards and Implementation
Specifications- In coordination with the HIT Standards Committee
established under section 3003 of the Public Health Service Act,
as added by section 13101, with respect to the development of
standards and implementation specifications under such section,
the Director of the National Institute for Standards and
Technology shall test such standards and implementation
specifications, as appropriate, in order to assure the efficient
implementation and use of such standards and implementation
specifications./
/ (b) Voluntary Testing Program- In coordination with the HIT
Standards Committee established under section 3003 of the Public
Health Service Act, as added by section 13101, with respect to the
development of standards and implementation specifications under
such section, the Director of the National Institute of Standards
and Technology shall support the establishment of a conformance
testing infrastructure, including the development of technical
test beds. The development of this conformance testing
infrastructure may include a program to accredit independent,
non-Federal laboratories to perform testing./
/SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS./
/ (a) Health Care Information Enterprise Integration Research
Centers- /
/ (1) IN GENERAL- The Director of the National Institute of
Standards and Technology, in consultation with the Director
of the National Science Foundation and other appropriate
Federal agencies, shall establish a program of assistance to
institutions of higher education (or consortia thereof which
may include nonprofit entities and Federal Government
laboratories) to establish multidisciplinary Centers for
Health Care Information Enterprise Integration./
/ (2) REVIEW; COMPETITION- Grants shall be awarded under
this subsection on a merit-reviewed, competitive basis./
/ (3) PURPOSE- The purposes of the Centers described in
paragraph (1) shall be--/
/ (A) to generate innovative approaches to health care
information enterprise integration by conducting
cutting-edge, multidisciplinary research on the
systems challenges to health care delivery; and/
/ (B) the development and use of health information
technologies and other complementary fields./
/ (4) RESEARCH AREAS- Research areas may include--/
/ (A) interfaces between human information and
communications technology systems;/
/ (B) voice-recognition systems;/
/ (C) software that improves interoperability and
connectivity among health information systems;/
/ (D) software dependability in systems critical to
health care delivery;/
/ (E) measurement of the impact of information
technologies on the quality and productivity of health
care;/
/ (F) health information enterprise management;/
/ (G) health information technology security and
integrity; and/
/ (H) relevant health information technology to reduce
medical errors./
/ (5) APPLICATIONS- An institution of higher education (or a
consortium thereof) seeking funding under this subsection
shall submit an application to the Director of the National
Institute of Standards and Technology at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--/
/ (A) the research projects that will be undertaken by
the Center established pursuant to assistance under
paragraph (1) and the respective contributions of the
participating entities;/
/ (B) how the Center will promote active collaboration
among scientists and engineers from different
disciplines, such as information technology, biologic
sciences, management, social sciences, and other
appropriate disciplines;/
/ (C) technology transfer activities to demonstrate
and diffuse the research results, technologies, and
knowledge; and/
/ (D) how the Center will contribute to the education
and training of researchers and other professionals in
fields relevant to health information enterprise
integration./
/ (b) National Information Technology Research and Development
Program- The National High-Performance Computing Program
established by section 101 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511) may review Federal research and
development programs related to the development and deployment of
health information technology, including activities related to--/
/ (1) computer infrastructure;/
/ (2) data security;/
/ (3) development of large-scale, distributed, reliable
computing systems;/
/ (4) wired, wireless, and hybrid high-speed networking;/
/ (5) development of software and software-intensive systems;/
/ (6) human-computer interaction and information management
technologies; and/
/ (7) the social and economic implications of information
technology./
/Subtitle C--Incentives for the Use of Health Information
Technology/
//PART I--GRANTS AND LOANS FUNDING//
/SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PROGRAMS./
/ Title XXX of the Public Health Service Act, as added by section
13101, is amended by adding at the end the following new subtitle:/
/`Subtitle B--Incentives for the Use of Health Information
Technology/
/`SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE HEALTH
INFORMATION TECHNOLOGY INFRASTRUCTURE./
/ `(a) In General- The Secretary of Health and Human Services
shall, using amounts appropriated under section 3018, invest in
the infrastructure necessary to allow for and promote the
electronic exchange and use of health information for each
individual in the United States consistent with the goals outlined
in the strategic plan developed by the National Coordinator (and,
as available) under section 3001. To the greatest extent
practicable, the Secretary shall ensure that any funds so
appropriated shall be used for the acquisition of health
information technology that meets standards and certification
criteria adopted before the date of the enactment of this title
until such date as the standards are adopted under section 3004.
The Secretary shall invest funds through the different agencies
with expertise in such goals, such as the Office of the National
Coordinator for Health Information Technology, the Health
Resources and Services Administration, the Agency for Healthcare
Research and Quality, the Centers of Medicare & Medicaid Services,
the Centers for Disease Control and Prevention, and the Indian
Health Service to support the following:/
/ `(1) Health information technology architecture that will
support the nationwide electronic exchange and use of health
information in a secure, private, and accurate manner,
including connecting health information exchanges, and which
may include updating and implementing the infrastructure
necessary within different agencies of the Department of
Health and Human Services to support the electronic use and
exchange of health information./
/ `(2) Development and adoption of appropriate certified
electronic health records for categories of providers not
eligible for support under title XVIII or XIX of the Social
Security Act for the adoption of such records./
/ `(3) Training on and dissemination of information on best
practices to integrate health information technology,
including electronic health records, into a provider's
delivery of care, consistent with best practices learned
from the Health Information Technology Research Center
developed under section 3012, including community health
centers receiving assistance under section 330 of the Public
Health Service Act, covered entities under section 340B of
such Act, and providers participating in one or more of the
programs under titles XVIII, XIX, and XXI of the Social
Security Act (relating to Medicare, Medicaid, and the State
Children's Health Insurance Program)./
/ `(4) Infrastructure and tools for the promotion of
telemedicine, including coordination among Federal agencies
in the promotion of telemedicine./
/ `(5) Promotion of the interoperability of clinical data
repositories or registries./
/ `(6) Promotion of technologies and best practices that
enhance the protection of health information by all holders
of individually identifiable health information./
/ `(7) Improve and expand the use of health information
technology by public health departments./
/ `(8) Provide $300,000,000 to support regional or
sub-national efforts towards health information exchange./
/ `(b) Coordination- The Secretary shall ensure funds under this
section are used in a coordinated manner with other health
information promotion activities./
/ `(c) Additional Use of Funds- In addition to using funds as
provided in subsection (a), the Secretary may use amounts
appropriated under section 3018 to carry out activities that are
provided for under laws in effect on the date of enactment of this
title./
/`SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE./
/ `(a) Health Information Technology Extension Program- To assist
health care providers to adopt, implement, and effectively use
certified EHR technology that allows for the electronic exchange
and use of health information, the Secretary, acting through the
Office of the National Coordinator, shall establish a health
information technology extension program to provide health
information technology assistance services to be carried out
through the Department of Health and Human Services. The National
Coordinator shall consult with other Federal agencies with
demonstrated experience and expertise in information technology
services, such as the National Institute of Standards and
Technology, in developing and implementing this program./
/ `(b) Health Information Technology Research Center- /
/ `(1) IN GENERAL- The Secretary shall create a Health
Information Technology Research Center (in this section
referred to as the `Center') to provide technical assistance
and develop or recognize best practices to support and
accelerate efforts to adopt, implement, and effectively
utilize health information technology that allows for the
electronic exchange and use of information in compliance
with standards, implementation specifications, and
certification criteria adopted under section 3004(b)./
/ `(2) INPUT- The Center shall incorporate input from--/
/ `(A) other Federal agencies with demonstrated
experience and expertise in information technology
services such as the National Institute of Standards
and Technology;/
/ `(B) users of health information technology, such as
providers and their support and clerical staff and
others involved in the care and care coordination of
patients, from the health care and health information
technology industry; and/
/ `(C) others as appropriate./
/ `(3) PURPOSES- The purposes of the Center are to--/
/ `(A) provide a forum for the exchange of knowledge
and experience;/
/ `(B) accelerate the transfer of lessons learned from
existing public and private sector initiatives,
including those currently receiving Federal financial
support;/
/ `(C) assemble, analyze, and widely disseminate
evidence and experience related to the adoption,
implementation, and effective use of health
information technology that allows for the electronic
exchange and use of information including through the
regional centers described in subsection (c);/
/ `(D) provide technical assistance for the
establishment and evaluation of regional and local
health information networks to facilitate the
electronic exchange of information across health care
settings and improve the quality of health care;/
/ `(E) provide technical assistance for the
development and dissemination of solutions to barriers
to the exchange of electronic health information; and/
/ `(F) learn about effective strategies to adopt and
utilize health information technology in medically
underserved communities./
/ `(c) Health Information Technology Regional Extension Centers- /
/ `(1) IN GENERAL- The Secretary shall provide assistance
for the creation and support of regional centers (in this
subsection referred to as `regional centers') to provide
technical assistance and disseminate best practices and
other information learned from the Center to support and
accelerate efforts to adopt, implement, and effectively
utilize health information technology that allows for the
electronic exchange and use of information in compliance
with standards, implementation specifications, and
certification criteria adopted under section 3004.
Activities conducted under this subsection shall be
consistent with the strategic plan developed by the National
Coordinator (and, as available) under section 3001./
/ `(2) AFFILIATION- Regional centers shall be affiliated
with any United States-based nonprofit institution or
organization, or group thereof, that applies and is awarded
financial assistance under this section. Individual awards
shall be decided on the basis of merit./
/ `(3) OBJECTIVE- The objective of the regional centers is
to enhance and promote the adoption of health information
technology through--/
/ `(A) assistance with the implementation, effective
use, upgrading, and ongoing maintenance of health
information technology, including electronic health
records, to healthcare providers nationwide;/
/ `(B) broad participation of individuals from
industry, universities, and State governments;/
/ `(C) active dissemination of best practices and
research on the implementation, effective use,
upgrading, and ongoing maintenance of health
information technology, including electronic health
records, to health care providers in order to improve
the quality of healthcare and protect the privacy and
security of health information;/
/ `(D) participation, to the extent practicable, in
health information exchanges;/
/ `(E) utilization, when appropriate, of the expertise
and capability that exists in federal agencies other
than the Department; and/
/ `(F) integration of health information technology,
including electronic health records, into the initial
and ongoing training of health professionals and
others in the healthcare industry that would be
instrumental to improving the quality of healthcare
through the smooth and accurate electronic use and
exchange of health information./
/ `(4) REGIONAL ASSISTANCE- Each regional center shall aim
to provide assistance and education to all providers in a
region, but shall prioritize any direct assistance first to
the following:/
/ `(A) Public or not-for-profit hospitals or critical
access hospitals./
/ `(B) Federally qualified health centers (as defined
in section 1861(aa)(4) of the Social Security Act)./
/ `(C) Entities that are located in rural and other
areas that serve uninsured, underinsured, and
medically underserved individuals (regardless of
whether such area is urban or rural)./
/ `(D) Individual or small group practices (or a
consortium thereof) that are primarily focused on
primary care./
/ `(5) FINANCIAL SUPPORT- The Secretary may provide
financial support to any regional center created under this
subsection for a period not to exceed four years. The
Secretary may not provide more than 50 percent of the
capital and annual operating and maintenance funds required
to create and maintain such a center, except in an instance
of national economic conditions which would render this
cost-share requirement detrimental to the program and upon
notification to Congress as to the justification to waive
the cost-share requirement./
/ `(6) NOTICE OF PROGRAM DESCRIPTION AND AVAILABILITY OF
FUNDS- The Secretary shall publish in the Federal Register,
not later than 90 days after the date of the enactment of
this Act, a draft description of the program for
establishing regional centers under this subsection. Such
description shall include the following:/
/ `(A) A detailed explanation of the program and the
programs goals./
/ `(B) Procedures to be followed by the applicants./
/ `(C) Criteria for determining qualified applicants./
/ `(D) Maximum support levels expected to be available
to centers under the program./
/ `(7) APPLICATION REVIEW- The Secretary shall subject each
application under this subsection to merit review. In making
a decision whether to approve such application and provide
financial support, the Secretary shall consider at a minimum
the merits of the application, including those portions of
the application regarding--/
/ `(A) the ability of the applicant to provide
assistance under this subsection and utilization of
health information technology appropriate to the needs
of particular categories of health care providers;/
/ `(B) the types of service to be provided to health
care providers;/
/ `(C) geographical diversity and extent of service
area; and/
/ `(D) the percentage of funding and amount of in-kind
commitment from other sources./
/ `(8) BIENNIAL EVALUATION- Each regional center which
receives financial assistance under this subsection shall be
evaluated biennially by an evaluation panel appointed by the
Secretary. Each evaluation panel shall be composed of
private experts, none of whom shall be connected with the
center involved, and of Federal officials. Each evaluation
panel shall measure the involved center's performance
against the objective specified in paragraph (3). The
Secretary shall not continue to provide funding to a
regional center unless its evaluation is overall positive./
/ `(9) CONTINUING SUPPORT- After the second year of
assistance under this subsection a regional center may
receive additional support under this subsection if it has
received positive evaluations and a finding by the Secretary
that continuation of Federal funding to the center was in
the best interest of provision of health information
technology extension services./
/`SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFORMATION TECHNOLOGY./
/ `(a) In General- The Secretary, acting through the National
Coordinator, shall establish a program in accordance with this
section to facilitate and expand the electronic movement and use
of health information among organizations according to nationally
recognized standards./
/ `(b) Planning Grants- The Secretary may award a grant to a State
or qualified State-designated entity (as described in subsection
(d)) that submits an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
specify, for the purpose of planning activities described in
subsection (b)./
/ `(c) Implementation Grants- The Secretary may award a grant to a
State or qualified State designated entity that--/
/ `(1) has submitted, and the Secretary has approved, a plan
described in subsection (c) (regardless of whether such plan
was prepared using amounts awarded under paragraph (1)); and/
/ `(2) submits an application at such time, in such manner,
and containing such information as the Secretary may specify./
/ `(d) Use of Funds- Amounts received under a grant under
subsection (a)(3) shall be used to conduct activities to
facilitate and expand the electronic movement and use of health
information among organizations according to nationally recognized
standards through activities that include--/
/ `(1) enhancing broad and varied participation in the
authorized and secure nationwide electronic use and exchange
of health information;/
/ `(2) identifying State or local resources available
towards a nationwide effort to promote health information
technology;/
/ `(3) complementing other Federal grants, programs, and
efforts towards the promotion of health information technology;/
/ `(4) providing technical assistance for the development
and dissemination of solutions to barriers to the exchange
of electronic health information;/
/ `(5) promoting effective strategies to adopt and utilize
health information technology in medically underserved
communities;/
/ `(6) assisting patients in utilizing health information
technology;/
/ `(7) encouraging clinicians to work with Health
Information Technology Regional Extension Centers as
described in section 3012, to the extent they are available
and valuable;/
/ `(8) supporting public health agencies' authorized use of
and access to electronic health information;/
/ `(9) promoting the use of electronic health records for
quality improvement including through quality measures
reporting;/
/ `(10) establishing and supporting health record banking
models to further consumer-based consent models that promote
lifetime access to qualified health records, if such
activities are included in the plan described in subsection
(e), and may contain smart card functionality; and/
/ `(11) such other activities as the Secretary may specify./
/ `(e) Plan- /
/ `(1) IN GENERAL- A plan described in this subsection is a
plan that describes the activities to be carried out by a
State or by the qualified State-designated entity within
such State to facilitate and expand the electronic movement
and use of health information among organizations according
to nationally recognized standards and implementation
specifications./
/ `(2) REQUIRED ELEMENTS- A plan described in paragraph (1)
shall--/
/ `(A) be pursued in the public interest;/
/ `(B) be consistent with the strategic plan developed
by the National Coordinator (and, as available) under
section 3001;/
/ `(C) include a description of the ways the State or
qualified State-designated entity will carry out the
activities described in subsection (b); and/
/ `(D) contain such elements as the Secretary may
require./
/ `(f) Qualified State-Designated Entity- For purposes of this
section, to be a qualified State-designated entity, with respect
to a State, an entity shall--/
/ `(1) be designated by the State as eligible to receive
awards under this section;/
/ `(2) be a not-for-profit entity with broad stakeholder
representation on its governing board;/
/ `(3) demonstrate that one of its principal goals is to use
information technology to improve health care quality and
efficiency through the authorized and secure electronic
exchange and use of health information;/
/ `(4) adopt nondiscrimination and conflict of interest
policies that demonstrate a commitment to open, fair, and
nondiscriminatory participation by stakeholders; and/
/ `(5) conform to such other requirements as the Secretary
may establish./
/ `(g) Required Consultation- In carrying out activities described
in subsections (a)(2) and (a)(3), a State or qualified
State-designated entity shall consult with and consider the
recommendations of--/
/ `(1) health care providers (including providers that
provide services to low income and underserved populations);/
/ `(2) health plans;/
/ `(3) patient or consumer organizations that represent the
population to be served;/
/ `(4) health information technology vendors;/
/ `(5) health care purchasers and employers;/
/ `(6) public health agencies;/
/ `(7) health professions schools, universities and colleges;/
/ `(8) clinical researchers;/
/ `(9) other users of health information technology such as
the support and clerical staff of providers and others
involved in the care and care coordination of patients; and/
/ `(10) such other entities, as may be determined
appropriate by the Secretary./
/ `(h) Continuous Improvement- The Secretary shall annually
evaluate the activities conducted under this section and shall, in
awarding grants under this section, implement the lessons learned
from such evaluation in a manner so that awards made subsequent to
each such evaluation are made in a manner that, in the
determination of the Secretary, will lead towards the greatest
improvement in quality of care, decrease in costs, and the most
effective authorized and secure electronic exchange of health
information./
/ `(i) Required Match- /
/ `(1) IN GENERAL- For a fiscal year (beginning with fiscal
year 2011), the Secretary may not make a grant under
subsection (a) to a State unless the State agrees to make
available non-Federal contributions (which may include
in-kind contributions) toward the costs of a grant awarded
under subsection (a)(3) in an amount equal to--/
/ `(A) for fiscal year 2011, not less than $1 for each
$10 of Federal funds provided under the grant;/
/ `(B) for fiscal year 2012, not less than $1 for each
$7 of Federal funds provided under the grant; and/
/ `(C) for fiscal year 2013 and each subsequent fiscal
year, not less than $1 for each $3 of Federal funds
provided under the grant./
/ `(2) AUTHORITY TO REQUIRE STATE MATCH FOR FISCAL YEARS
BEFORE FISCAL YEAR 2011- For any fiscal year during the
grant program under this section before fiscal year 2011,
the Secretary may determine the extent to which there shall
be required a non-Federal contribution from a State
receiving a grant under this section./
/`SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN TRIBES FOR
THE DEVELOPMENT OF LOAN PROGRAMS TO FACILITATE THE WIDESPREAD
ADOPTION OF CERTIFIED EHR TECHNOLOGY./
/ `(a) In General- The National Coordinator may award competitive
grants to eligible entities for the establishment of programs for
loans to health care providers to conduct the activities described
in subsection (e)./
/ `(b) Eligible Entity Defined- For purposes of this subsection,
the term `eligible entity' means a State or Indian tribe (as
defined in the Indian Self-Determination and Education Assistance
Act) that--/
/ `(1) submits to the National Coordinator an application at
such time, in such manner, and containing such information
as the National Coordinator may require;/
/ `(2) submits to the National Coordinator a strategic plan
in accordance with subsection (d) and provides to the
National Coordinator assurances that the entity will update
such plan annually in accordance with such subsection;/
/ `(3) provides assurances to the National Coordinator that
the entity will establish a Loan Fund in accordance with
subsection (c);/
/ `(4) provides assurances to the National Coordinator that
the entity will not provide a loan from the Loan Fund to a
health care provider unless the provider agrees to--/
/ `(A) submit reports on quality measures adopted by
the Federal Government (by not later than 90 days
after the date on which such measures are adopted), to--/
/ `(i) the Director of the Centers for Medicare
& Medicaid Services (or his or her designee), in
the case of an entity participating in the
Medicare program under title XVIII of the Social
Security Act or the Medicaid program under title
XIX of such Act; or/
/ `(ii) the Secretary in the case of other
entities;/
/ `(B) demonstrate to the satisfaction of the
Secretary (through criteria established by the
Secretary) that any certified EHR technology
purchased, improved, or otherwise financially
supported under a loan under this section is used to
exchange health information in a manner that, in
accordance with law and standards (as adopted under
section 3005) applicable to the exchange of
information, improves the quality of health care, such
as promoting care coordination;/
/ `(C) comply with such other requirements as the
entity or the Secretary may require;/
/ `(D) include a plan on how healthcare providers
involved intend to maintain and support the certified
EHR technology over time; and/
/ `(E) include a plan on how the healthcare providers
involved intend to maintain and support the certified
EHR technology that would be purchased with such loan,
including the type of resources expected to be
involved and any such other information as the State
or Indian tribe, respectively, may require; and/
/ `(5) agrees to provide matching funds in accordance with
subsection (i)./
/ `(c) Establishment of Fund- For purposes of subsection (b)(3),
an eligible entity shall establish a certified EHR technology loan
fund (referred to in this subsection as a `Loan Fund') and comply
with the other requirements contained in this section. A grant to
an eligible entity under this section shall be deposited in the
Loan Fund established by the eligible entity. No funds authorized
by other provisions of this title to be used for other purposes
specified in this title shall be deposited in any Loan Fund./
/ `(d) Strategic Plan- /
/ `(1) IN GENERAL- For purposes of subsection (b)(2), a
strategic plan of an eligible entity under this subsection
shall identify the intended uses of amounts available to the
Loan Fund of such entity./
/ `(2) CONTENTS- A strategic plan under paragraph (1), with
respect to a Loan Fund of an eligible entity, shall include
for a year the following:/
/ `(A) A list of the projects to be assisted through
the Loan Fund during such year./
/ `(B) A description of the criteria and methods
established for the distribution of funds from the
Loan Fund during the year./
/ `(C) A description of the financial status of the
Loan Fund as of the date of submission of the plan./
/ `(D) The short-term and long-term goals of the Loan
Fund./
/ `(e) Use of Funds- Amounts deposited in a Loan Fund, including
loan repayments and interest earned on such amounts, shall be used
only for awarding loans or loan guarantees, making reimbursements
described in subsection (g)(4)(A), or as a source of reserve and
security for leveraged loans, the proceeds of which are deposited
in the Loan Fund established under subsection (a). Loans under
this section may be used by a health care provider to--/
/ `(1) facilitate the purchase of certified EHR technology;/
/ `(2) enhance the utilization of certified EHR technology
(which may include costs associated with upgrading health
information technology so that it meets criteria necessary
to be a certified EHR technology);/
/ `(3) train personnel in the use of such technology; or/
/ `(4) improve the secure electronic exchange of health
information./
/ `(f) Types of Assistance- Except as otherwise limited by
applicable State law, amounts deposited into a Loan Fund under
this subsection may only be used for the following:/
/ `(1) To award loans that comply with the following:/
/ `(A) The interest rate for each loan shall not
exceed the market interest rate./
/ `(B) The principal and interest payments on each
loan shall commence not later than 1 year after the
date the loan was awarded, and each loan shall be
fully amortized not later than 10 years after the date
of the loan./
/ `(C) The Loan Fund shall be credited with all
payments of principal and interest on each loan
awarded from the Loan Fund./
/ `(2) To guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for assistance under this subsection) if the
guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation involved./
/ `(3) As a source of revenue or security for the payment of
principal and interest on revenue or general obligation
bonds issued by the eligible entity if the proceeds of the
sale of the bonds will be deposited into the Loan Fund./
/ `(4) To earn interest on the amounts deposited into the
Loan Fund./
/ `(5) To make reimbursements described in subsection
(g)(4)(A)./
/ `(g) Administration of Loan Funds- /
/ `(1) COMBINED FINANCIAL ADMINISTRATION- An eligible entity
may (as a convenience and to avoid unnecessary
administrative costs) combine, in accordance with applicable
State law, the financial administration of a Loan Fund
established under this subsection with the financial
administration of any other revolving fund established by
the entity if otherwise not prohibited by the law under
which the Loan Fund was established./
/ `(2) COST OF ADMINISTERING FUND- Each eligible entity may
annually use not to exceed 4 percent of the funds provided
to the entity under a grant under this subsection to pay the
reasonable costs of the administration of the programs under
this section, including the recovery of reasonable costs
expended to establish a Loan Fund which are incurred after
the date of the enactment of this title./
/ `(3) GUIDANCE AND REGULATIONS- The National Coordinator
shall publish guidance and promulgate regulations as may be
necessary to carry out the provisions of this section,
including--/
/ `(A) provisions to ensure that each eligible entity
commits and expends funds allotted to the entity under
this subsection as efficiently as possible in
accordance with this title and applicable State laws; and/
/ `(B) guidance to prevent waste, fraud, and abuse./
/ `(4) PRIVATE SECTOR CONTRIBUTIONS- /
/ `(A) IN GENERAL- A Loan Fund established under this
subsection may accept contributions from private
sector entities, except that such entities may not
specify the recipient or recipients of any loan issued
under this subsection. An eligible entity may agree to
reimburse a private sector entity for any contribution
made under this subparagraph, except that the amount
of such reimbursement may not be greater than the
principal amount of the contribution made./
/ `(B) AVAILABILITY OF INFORMATION- An eligible entity
shall make publicly available the identity of, and
amount contributed by, any private sector entity under
subparagraph (A) and may issue letters of commendation
or make other awards (that have no financial value) to
any such entity./
/ `(h) Matching Requirements- /
/ `(1) IN GENERAL- The National Coordinator may not make a
grant under subsection (a) to an eligible entity unless the
entity agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions in cash to the costs of carrying out the
activities for which the grant is awarded in an amount equal
to not less than $1 for each $5 of Federal funds provided
under the grant./
/ `(2) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBUTION-
In determining the amount of non-Federal contributions that
an eligible entity has provided pursuant to subparagraph
(A), the National Coordinator may not include any amounts
provided to the entity by the Federal Government./
/ `(i) Effective Date- The Secretary may not make an award under
this section prior to January 1, 2010./
/`SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION
TECHNOLOGY INTO CLINICAL EDUCATION./
/ `(a) In General- The Secretary may award grants under this
section to carry out demonstration projects to develop academic
curricula integrating certified EHR technology in the clinical
education of health professionals. Such awards shall be made on a
competitive basis and pursuant to peer review./
/ `(b) Eligibility- To be eligible to receive a grant under
subsection (a), an entity shall--/
/ `(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;/
/ `(2) submit to the Secretary a strategic plan for
integrating certified EHR technology in the clinical
education of health professionals to reduce medical errors,
increase access to prevention, reduce chronic diseases, and
enhance health care quality;/
/ `(3) be--/
/ `(A) a school of medicine, osteopathic medicine,
dentistry, or pharmacy, a graduate program in
behavioral or mental health, or any other graduate
health professions school;/
/ `(B) a graduate school of nursing or physician
assistant studies;/
/ `(C) a consortium of two or more schools described
in subparagraph (A) or (B); or/
/ `(D) an institution with a graduate medical
education program in medicine, osteopathic medicine,
dentistry, pharmacy, nursing, or physician assistance
studies./
/ `(4) provide for the collection of data regarding the
effectiveness of the demonstration project to be funded
under the grant in improving the safety of patients, the
efficiency of health care delivery, and in increasing the
likelihood that graduates of the grantee will adopt and
incorporate certified EHR technology, in the delivery of
health care services; and/
/ `(5) provide matching funds in accordance with subsection
(d)./
/ `(c) Use of Funds- /
/ `(1) IN GENERAL- With respect to a grant under subsection
(a), an eligible entity shall--/
/ `(A) use grant funds in collaboration with 2 or more
disciplines; and/
/ `(B) use grant funds to integrate certified EHR
technology into community-based clinical education./
/ `(2) LIMITATION- An eligible entity shall not use amounts
received under a grant under subsection (a) to purchase
hardware, software, or services./
/ `(d) Financial Support- The Secretary may not provide more than
50 percent of the costs of any activity for which assistance is
provided under subsection (a), except in an instance of national
economic conditions which would render the cost-share requirement
under this subsection detrimental to the program and upon
notification to Congress as to the justification to waive the
cost-share requirement./
/ `(e) Evaluation- The Secretary shall take such action as may be
necessary to evaluate the projects funded under this section and
publish, make available, and disseminate the results of such
evaluations on as wide a basis as is practicable./
/ `(f) Reports- Not later than 1 year after the date of enactment
of this title, and annually thereafter, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions and the
Committee on Finance of the Senate, and the Committee on Energy
and Commerce of the House of Representatives a report that--/
/ `(1) describes the specific projects established under
this section; and/
/ `(2) contains recommendations for Congress based on the
evaluation conducted under subsection (e)./
/`SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS ON HEALTH CARE./
/ `(a) In General- The Secretary, in consultation with the
Director of the National Science Foundation, shall provide
assistance to institutions of higher education (or consortia
thereof) to establish or expand medical health informatics
education programs, including certification, undergraduate, and
masters degree programs, for both health care and information
technology students to ensure the rapid and effective utilization
and development of health information technologies (in the United
States health care infrastructure)./
/ `(b) Activities- Activities for which assistance may be provided
under subsection (a) may include the following:/
/ `(1) Developing and revising curricula in medical health
informatics and related disciplines./
/ `(2) Recruiting and retaining students to the program
involved./
/ `(3) Acquiring equipment necessary for student instruction
in these programs, including the installation of testbed
networks for student use./
/ `(4) Establishing or enhancing bridge programs in the
health informatics fields between community colleges and
universities./
/ `(c) Priority- In providing assistance under subsection (a), the
Secretary shall give preference to the following:/
/ `(1) Existing education and training programs./
/ `(2) Programs designed to be completed in less than six
months./
/ `(d) Financial Support- The Secretary may not provide more than
50 percent of the costs of any activity for which assistance is
provided under subsection (a), except in an instance of national
economic conditions which would render the cost-share requirement
under this subsection detrimental to the program and upon
notification to Congress as to the justification to waive the
cost-share requirement./
/`SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS./
/ `(a) Reports- The Secretary may require that an entity receiving
assistance under this title shall submit to the Secretary, not
later than the date that is 1 year after the date of receipt of
such assistance, a report that includes--/
/ `(1) an analysis of the effectiveness of such activities
for which the entity receives such assistance, as compared
to the goals for such activities; and/
/ `(2) an analysis of the impact of the project on
healthcare quality and safety./
/ `(b) Requirement To Improve Quality of Care and Decrease in
Costs- The National Coordinator shall annually evaluate the
activities conducted under this title and shall, in awarding
grants, implement the lessons learned from such evaluation in a
manner so that awards made subsequent to each such evaluation are
made in a manner that, in the determination of the National
Coordinator, will result in the greatest improvement in the
quality and efficiency of health care./
/`SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS./
/ `For the purposes of carrying out this subtitle, there is
authorized to be appropriated such sums as may be necessary for
each of the fiscal years 2009 through 2013. Amounts so
appropriated shall remain available until expended.'./
/Subtitle D--Privacy/
/SEC. 13400. DEFINITIONS./
/ In this subtitle, except as specified otherwise:/
/ (1) BREACH- The term `breach' means the unauthorized
acquisition, access, use, or disclosure of protected health
information which compromises the security, privacy, or
integrity of protected health information maintained by or
on behalf of a person. Such term does not include any
unintentional acquisition, access, use, or disclosure of
such information by an employee or agent of the covered
entity or business associate involved if such acquisition,
access, use, or disclosure, respectively, was made in good
faith and within the course and scope of the employment or
other contractual relationship of such employee or agent,
respectively, with the covered entity or business associate
and if such information is not further acquired, accessed,
used, or disclosed by such employee or agent./
/ (2) BUSINESS ASSOCIATE- The term `business associate' has
the meaning given such term in section 160.103 of title 45,
Code of Federal Regulations./
/ (3) COVERED ENTITY- The term `covered entity' has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations./
/ (4) DISCLOSE- The terms `disclose' and `disclosure' have
the meaning given the term `disclosure' in section 160.103
of title 45, Code of Federal Regulations./
/ (5) ELECTRONIC HEALTH RECORD- The term `electronic health
record' means an electronic record of health-related
information on an individual that is created, gathered,
managed, and consulted by authorized health care clinicians
and staff./
/ (6) HEALTH CARE OPERATIONS- The term `health care
operation' has the meaning given such term in section
164.501 of title 45, Code of Federal Regulations./
/ (7) HEALTH CARE PROVIDER- The term `health care provider'
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations./
/ (8) HEALTH PLAN- The term `health plan' has the meaning
given such term in section 1171(5) of the Social Security Act./
/ (9) NATIONAL COORDINATOR- The term `National Coordinator'
means the head of the Office of the National Coordinator for
Health Information Technology established under section
3001(a) of the Public Health Service Act, as added by
section 13101./
/ (10) PAYMENT- The term `payment' has the meaning given
such term in section 164.501 of title 45, Code of Federal
Regulations./
/ (11) PERSONAL HEALTH RECORD- The term `personal health
record' means an electronic record of individually
identifiable health information on an individual that can be
drawn from multiple sources and that is managed, shared, and
controlled by or for the individual./
/ (12) PROTECTED HEALTH INFORMATION- The term `protected
health information' has the meaning given such term in
section 160.103 of title 45, Code of Federal Regulations./
/ (13) SECRETARY- The term `Secretary' means the Secretary
of Health and Human Services./
/ (14) SECURITY- The term `security' has the meaning given
such term in section 164.304 of title 45, Code of Federal
Regulations./
/ (15) STATE- The term `State' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands./
/ (16) TREATMENT- The term `treatment' has the meaning given
such term in section 164.501 of title 45, Code of Federal
Regulations./
/ (17) USE- The term `use' has the meaning given such term
in section 160.103 of title 45, Code of Federal Regulations./
/ (18) VENDOR OF PERSONAL HEALTH RECORDS- The term `vendor
of personal health records' means an entity, other than a
covered entity (as defined in paragraph (3)), that offers or
maintains a personal health record./
//PART I--IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS//
/SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO
BUSINESS ASSOCIATES OF COVERED ENTITIES; ANNUAL GUIDANCE ON
SECURITY PROVISIONS./
/ (a) Application of Security Provisions- Sections 164.308,
164.310, 164.312, and 164.316 of title 45, Code of Federal
Regulations, shall apply to a business associate of a covered
entity in the same manner that such sections apply to the covered
entity. The additional requirements of this title that relate to
security and that are made applicable with respect to covered
entities shall also be applicable to such a business associate and
shall be incorporated into the business associate agreement
between the business associate and the covered entity./
/ (b) Application of Civil and Criminal Penalties- In the case of
a business associate that violates any security provision
specified in subsection (a), sections 1176 and 1177 of the Social
Security Act (42 U.S.C. 1320d-5, 1320d-6) shall apply to the
business associate with respect to such violation in the same
manner such sections apply to a covered entity that violates such
security provision./
/ (c) Annual Guidance- For the first year beginning after the date
of the enactment of this Act and annually thereafter, the
Secretary of Health and Human Services shall, in consultation with
industry stakeholders, annually issue guidance on the most
effective and appropriate technical safeguards for use in carrying
out the sections referred to in subsection (a) and the security
standards in subpart C of part 164 of title 45, Code of Federal
Regulations, as such provisions are in effect as of the date
before the enactment of this Act./
/SEC. 13402. NOTIFICATION IN THE CASE OF BREACH./
/ (a) In General- A covered entity that accesses, maintains,
retains, modifies, records, stores, destroys, or otherwise holds,
uses, or discloses unsecured protected health information (as
defined in subsection (h)(1)) shall, in the case of a breach of
such information that is discovered by the covered entity, notify
each individual whose unsecured protected health information has
been, or is reasonably believed by the covered entity to have
been, accessed, acquired, or disclosed as a result of such breach./
/ (b) Notification of Covered Entity by Business Associate- A
business associate of a covered entity that accesses, maintains,
retains, modifies, records, stores, destroys, or otherwise holds,
uses, or discloses unsecured protected health information shall,
following the discovery of a breach of such information, notify
the covered entity of such breach. Such notice shall include the
identification of each individual whose unsecured protected health
information has been, or is reasonably believed by the business
associate to have been, accessed, acquired, or disclosed during
such breach./
/ (c) Breaches Treated as Discovered- For purposes of this
section, a breach shall be treated as discovered by a covered
entity or by a business associate as of the first day on which
such breach is known to such entity or associate, respectively,
(including any person, other than the individual committing the
breach, that is an employee, officer, or other agent of such
entity or associate, respectively) or should reasonably have been
known to such entity or associate (or person) to have occurred./
/ (d) Timeliness of Notification- /
/ (1) IN GENERAL- Subject to subsection (g), all
notifications required under this section shall be made
without unreasonable delay and in no case later than 60
calendar days after the discovery of a breach by the covered
entity involved (or business associate involved in the case
of a notification required under subsection (b))./
/ (2) BURDEN OF PROOF- The covered entity involved (or
business associate involved in the case of a notification
required under subsection (b)), shall have the burden of
demonstrating that all notifications were made as required
under this part, including evidence demonstrating the
necessity of any delay./
/ (e) Methods of Notice- /
/ (1) INDIVIDUAL NOTICE- Notice required under this section
to be provided to an individual, with respect to a breach,
shall be provided promptly and in the following form:/
/ (A) Written notification by first-class mail to the
individual (or the next of kin of the individual if
the individual is deceased) at the last known address
of the individual or the next of kin, respectively,
or, if specified as a preference by the individual, by
electronic mail. The notification may be provided in
one or more mailings as information is available./
/ (B) In the case in which there is insufficient, or
out-of-date contact information (including a phone
number, email address, or any other form of
appropriate communication) that precludes direct
written (or, if specified by the individual under
subparagraph (A), electronic) notification to the
individual, a substitute form of notice shall be
provided, including, in the case that there are 10 or
more individuals for which there is insufficient or
out-of-date contact information, a conspicuous posting
for a period determined by the Secretary on the home
page of the Web site of the covered entity involved or
notice in major print or broadcast media, including
major media in geographic areas where the individuals
affected by the breach likely reside. Such a notice in
media or web posting will include a toll-free phone
number where an individual can learn whether or not
the individual's unsecured protected health
information is possibly included in the breach./
/ (C) In any case deemed by the covered entity
involved to require urgency because of possible
imminent misuse of unsecured protected health
information, the covered entity, in addition to notice
provided under subparagraph (A), may provide
information to individuals by telephone or other
means, as appropriate./
/ (2) MEDIA NOTICE- Notice shall be provided to prominent
media outlets serving a State or jurisdiction, following the
discovery of a breach described in subsection (a), if the
unsecured protected health information of more than 500
residents of such State or jurisdiction is, or is reasonably
believed to have been, accessed, acquired, or disclosed
during such breach./
/ (3) NOTICE TO SECRETARY- Notice shall be provided to the
Secretary by covered entities of unsecured protected health
information that has been acquired or disclosed in a breach.
If the breach was with respect to 500 or more individuals
than such notice must be provided immediately. If the breach
was with respect to less than 500 individuals, the covered
entity may maintain a log of any such breach occurring and
annually submit such a log to the Secretary documenting such
breaches occurring during the year involved./
/ (4) POSTING ON HHS PUBLIC WEBSITE- The Secretary shall
make available to the public on the Internet website of the
Department of Health and Human Services a list that
identifies each covered entity involved in a breach
described in subsection (a) in which the unsecured protected
health information of more than 500 individuals is acquired
or disclosed./
/ (f) Content of Notification- Regardless of the method by which
notice is provided to individuals under this section, notice of a
breach shall include, to the extent possible, the following:/
/ (1) A brief description of what happened, including the
date of the breach and the date of the discovery of the
breach, if known./
/ (2) A description of the types of unsecured protected
health information that were involved in the breach (such as
full name, Social Security number, date of birth, home
address, account number, or disability code)./
/ (3) The steps individuals should take to protect
themselves from potential harm resulting from the breach./
/ (4) A brief description of what the covered entity
involved is doing to investigate the breach, to mitigate
losses, and to protect against any further breaches./
/ (5) Contact procedures for individuals to ask questions or
learn additional information, which shall include a
toll-free telephone number, an e-mail address, Web site, or
postal address./
/ (g) Delay of Notification Authorized for Law Enforcement
Purposes- If a law enforcement official determines that a
notification, notice, or posting required under this section would
impede a criminal investigation or cause damage to national
security, such notification, notice, or posting shall be delayed
in the same manner as provided under section 164.528(a)(2) of
title 45, Code of Federal Regulations, in the case of a disclosure
covered under such section./
/ (h) Unsecured Protected Health Information- /
/ (1) DEFINITION- /
/ (A) IN GENERAL- Subject to subparagraph (B), for
purposes of this section, the term `unsecured
protected health information' means protected health
information that is not secured through the use of a
technology or methodology specified by the Secretary
in the guidance issued under paragraph (2)./
/ (B) EXCEPTION IN CASE TIMELY GUIDANCE NOT ISSUED- In
the case that the Secretary does not issue guidance
under paragraph (2) by the date specified in such
paragraph, for purposes of this section, the term
`unsecured protected health information' shall mean
protected health information that is not secured by a
technology standard that renders protected health
information unusable, unreadable, or indecipherable to
unauthorized individuals and is developed or endorsed
by a standards developing organization that is
accredited by the American National Standards Institute./
/ (2) GUIDANCE- For purposes of paragraph (1) and section
13407(f)(3), not later than the date that is 60 days after
the date of the enactment of this Act, the Secretary shall,
after consultation with stakeholders, issue (and annually
update) guidance specifying the technologies and
methodologies that render protected health information
unusable, unreadable, or indecipherable to unauthorized
individuals./
/ (i) Report to Congress on Breaches- /
/ (1) IN GENERAL- Not later than 12 months after the date of
the enactment of this Act and annually thereafter, the
Secretary shall prepare and submit to the Committee on
Finance and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives a report containing the information
described in paragraph (2) regarding breaches for which
notice was provided to the Secretary under subsection (e)(3)./
/ (2) INFORMATION- The information described in this
paragraph regarding breaches specified in paragraph (1)
shall include--/
/ (A) the number and nature of such breaches; and/
/ (B) actions taken in response to such breaches./
/ (j) Regulations; Effective Date- To carry out this section, the
Secretary of Health and Human Services shall promulgate interim
final regulations by not later than the date that is 180 days
after the date of the enactment of this title. The provisions of
this section shall apply to breaches that are discovered on or
after the date that is 30 days after the date of publication of
such interim final regulations./
/SEC. 13403. EDUCATION ON HEALTH INFORMATION PRIVACY./
/ (a) Regional Office Privacy Advisors- Not later than 6 months
after the date of the enactment of this Act, the Secretary shall
designate an individual in each regional office of the Department
of Health and Human Services to offer guidance and education to
covered entities, business associates, and individuals on their
rights and responsibilities related to Federal privacy and
security requirements for protected health information./
/ (b) Education Initiative on Uses of Health Information- Not
later than 12 months after the date of the enactment of this Act,
the Office for Civil Rights within the Department of Health and
Human Services shall develop and maintain a multi-faceted national
education initiative to enhance public transparency regarding the
uses of protected health information, including programs to
educate individuals about the potential uses of their protected
health information, the effects of such uses, and the rights of
individuals with respect to such uses. Such programs shall be
conducted in a variety of languages and present information in a
clear and understandable manner./
/SEC. 13404. APPLICATION OF PRIVACY PROVISIONS AND PENALTIES TO
BUSINESS ASSOCIATES OF COVERED ENTITIES./
/ (a) Application of Contract Requirements- In the case of a
business associate of a covered entity that obtains or creates
protected health information pursuant to a written contract (or
other written arrangement) described in section 164.502(e)(2) of
title 45, Code of Federal Regulations, with such covered entity,
the business associate may use and disclose such protected health
information only if such use or disclosure, respectively, is in
compliance with each applicable requirement of section 164.504(e)
of such title. The additional requirements of this subtitle that
relate to privacy and that are made applicable with respect to
covered entities shall also be applicable to such a business
associate and shall be incorporated into the business associate
agreement between the business associate and the covered entity./
/ (b) Application of Knowledge Elements Associated With Contracts-
Section 164.504(e)(1)(ii) of title 45, Code of Federal
Regulations, shall apply to a business associate described in
subsection (a), with respect to compliance with such subsection,
in the same manner that such section applies to a covered entity,
with respect to compliance with the standards in sections
164.502(e) and 164.504(e) of such title, except that in applying
such section 164.504(e)(1)(ii) each reference to the business
associate, with respect to a contract, shall be treated as a
reference to the covered entity involved in such contract./
/ (c) Application of Civil and Criminal Penalties- In the case of
a business associate that violates any provision of subsection (a)
or (b), the provisions of sections 1176 and 1177 of the Social
Security Act (42 U.S.C. 1320d-5, 1320d-6) shall apply to the
business associate with respect to such violation in the same
manner as such provisions apply to a person who violates a
provision of part C of title XI of such Act./
/SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND SALES OF
HEALTH INFORMATION; ACCOUNTING OF CERTAIN PROTECTED HEALTH
INFORMATION DISCLOSURES; ACCESS TO CERTAIN INFORMATION IN
ELECTRONIC FORMAT./
/ (a) Requested Restrictions on Certain Disclosures of Health
Information- In the case that an individual requests under
paragraph (a)(1)(i)(A) of section 164.522 of title 45, Code of
Federal Regulations, that a covered entity restrict the disclosure
of the protected health information of the individual,
notwithstanding paragraph (a)(1)(ii) of such section, the covered
entity must comply with the requested restriction if--/
/ (1) except as otherwise required by law, the disclosure is
to a health plan for purposes of carrying out payment or
health care operations (and is not for purposes of carrying
out treatment); and/
/ (2) the protected health information pertains solely to a
health care item or service for which the health care
provider involved has been paid out of pocket in full./
/ (b) Disclosures Required To Be Limited to the Limited Data Set
or the Minimum Necessary- /
/ (1) IN GENERAL- /
/ (A) IN GENERAL- Subject to subparagraph (B), a
covered entity shall be treated as being in compliance
with section 164.502(b)(1) of title 45, Code of
Federal Regulations, with respect to the use,
disclosure, or request of protected health information
described in such section, only if the covered entity
limits such protected health information, to the
extent practicable, to the limited data set (as
defined in section 164.514(e)(2) of such title) or, if
needed by such entity, to the minimum necessary to
accomplish the intended purpose of such use,
disclosure, or request, respectively./
/ (B) GUIDANCE- Not later than 18 months after the
date of the enactment of this section, the Secretary
shall issue guidance on what constitutes `minimum
necessary' for purposes of subpart E of part 164 of
title 45, Code of Federal Regulation. In issuing such
guidance the Secretary shall take into consideration
the guidance under section 13424(c) and the
information necessary to improve patient outcomes and
to detect, prevent, and manage chronic disease./
/ (C) SUNSET- Subparagraph (A) shall not apply on and
after the effective date on which the Secretary issues
the guidance under subparagraph (B)./
/ (2) DETERMINATION OF MINIMUM NECESSARY- For purposes of
paragraph (1), in the case of the disclosure of protected
health information, the covered entity or business associate
disclosing such information shall determine what constitutes
the minimum necessary to accomplish the intended purpose of
such disclosure./
/ (3) APPLICATION OF EXCEPTIONS- The exceptions described in
section 164.502(b)(2) of title 45, Code of Federal
Regulations, shall apply to the requirement under paragraph
(1) as of the effective date described in section 13423 in
the same manner that such exceptions apply to section
164.502(b)(1) of such title before such date./
/ (4) RULE OF CONSTRUCTION- Nothing in this subsection shall
be construed as affecting the use, disclosure, or request of
protected health information that has been de-identified./
/ (c) Accounting of Certain Protected Health Information
Disclosures Required if Covered Entity Uses Electronic Health
Record- /
/ `(1) IN GENERAL- In applying section 164.528 of title 45,
Code of Federal Regulations, in the case that a covered
entity uses or maintains an electronic health record with
respect to protected health information--/
/ `(A) the exception under paragraph (a)(1)(i) of such
section shall not apply to disclosures through an
electronic health record made by such entity of such
information; and/
/ `(B) an individual shall have a right to receive an
accounting of disclosures described in such paragraph
of such information made by such covered entity during
only the three years prior to the date on which the
accounting is requested./
/ `(2) REGULATIONS- The Secretary shall promulgate
regulations on what disclosures must be included in an
accounting referred to in paragraph (1)(A) and what
information must be collected about each such disclosure not
later than 18 months after the date on which the Secretary
adopts standards on accounting for disclosure described in
the section 3002(b)(2)(B)(iv) of the Public Health Service
Act, as added by section 13101. Such regulations shall only
require such information to be collected through an
electronic health record in a manner that takes into account
the interests of individuals in learning when their
protected health information was disclosed and to whom it
was disclosed, and the usefulness of such information to the
individual, and takes into account the administrative and
cost burden of accounting for such disclosures./
/ `(3) CONSTRUCTION- Nothing in this subsection shall be
construed as--/
/ `(A) requiring a covered entity to account for
disclosures of protected health information that are
not made by such covered entity; or/
/ `(B) requiring a business associate of a covered
entity to account for disclosures of protected health
information that are not made by such business associate./
/ `(4) REASONABLE FEE- A covered entity may impose a
reasonable fee on an individual for an accounting performed
under paragraph (1)(B). Any such fee shall not be greater
than the entity's labor costs in responding to the request./
/ `(5) EFFECTIVE DATE- /
/ `(A) CURRENT USERS OF ELECTRONIC RECORDS- In the
case of a covered entity insofar as it acquired an
electronic health record as of January 1, 2009,
paragraph (1) shall apply to disclosures, with respect
to protected health information, made by the covered
entity from such a record on and after January 1, 2014./
/ `(B) OTHERS- In the case of a covered entity insofar
as it acquires an electronic health record after
January 1, 2009, paragraph (1) shall apply to
disclosures, with respect to protected health
information, made by the covered entity from such
record on and after the later of the following:/
/ `(i) January 1, 2011; or/
/ `(ii) the date that it acquires an electronic
health record./
/ `(C) LATER DATE- The Secretary may set an effective
date that is later that the date specified under
subparagraph (A) or (B) if the Secretary determines
that such later date it necessary, but in no case may
the date specified under--/
/ `(i) subparagraph (A) be later than 2018; or/
/ `(ii) subparagraph (B) be later than 2014./
/ (d) Review of Health Care Operations- Not later than 18 months
after the date of the enactment of this title, the Secretary shall
review and evaluate the definition of health care operations under
section 164.501 of title 45, Code of Federal Regulations, and to
the extent appropriate, eliminate by regulation activities that
can reasonably and efficiently be conducted through the use of
information that is de-identified (in accordance with the
requirements of section 164.514(b) of such title) or that should
require a valid authorization for use or disclosure. In
promulgating such regulations, the Secretary shall not require
that data be de-identified or require valid authorization for use
or disclosure for activities within a covered entity described in
paragraph (1) of the definition of health care operations under
such section 164.501. In promulgating such regulations, the
Secretary may choose to narrow or clarify activities that the
Secretary chooses to retain in the definition of health care
operations and the Secretary shall take into account the report
under section 13424(d). In such regulations the Secretary shall
specify the date on which such regulations shall apply to
disclosures made by a covered entity, but in no case would such
date be sooner than the date that is 24 months after the date of
the enactment of this section. Nothing in this subsection may be
construed to supersede any provision under subsection (e) or
section 13406(a)./
/ (e) Prohibition on Sale of Electronic Health Records or
Protected Health Information Obtained From Electronic Health
Records- /
/ (1) IN GENERAL- Except as provided in paragraph (2), a
covered entity or business associate shall not directly or
indirectly receive remuneration in exchange for any
protected health information of an individual unless the
covered entity obtained from the individual, in accordance
with section 164.508 of title 45, Code of Federal
Regulations, a valid authorization that includes, in
accordance with such section, a specification of whether the
protected health information can be further exchanged for
remuneration by the entity receiving protected health
information of that individual./
/ (2) EXCEPTIONS- Paragraph (1) shall not apply in the
following cases:/
/ (A) The purpose of the exchange is for research or
public health activities (as described in sections
164.501, 164.512(i), and 164.512(b) of title 45, Code
of Federal Regulations)./
/ (B) The purpose of the exchange is for the treatment
of the individual, subject to any regulation that the
Secretary may promulgate to prevent protected health
information from inappropriate access, use, or
disclosure./
/ (C) The purpose of the exchange is the health care
operation specifically described in subparagraph (iv)
of paragraph (6) of the definition of healthcare
operations in section 164.501 of title 45, Code of
Federal Regulations./
/ (D) The purpose of the exchange is for remuneration
that is provided by a covered entity to a business
associate for activities involving the exchange of
protected health information that the business
associate undertakes on behalf of and at the specific
request of the covered entity pursuant to a business
associate agreement./
/ (E) The purpose of the exchange is to provide an
individual with a copy of the individual's protected
health information pursuant to section 164.524 of
title 45, Code of Federal Regulations./
/ (F) The purpose of the exchange is otherwise
determined by the Secretary in regulations to be
similarly necessary and appropriate as the exceptions
provided in subparagraphs (A) through (E)./
/ (3) REGULATIONS- Not later than 18 months after the date
of enactment of this title, the Secretary shall promulgate
regulations to carry out this subsection. In promulgating
such regulations, the Secretary--/
/ (A) shall evaluate the impact of restricting the
exception described in paragraph (2)(A) to require
that the price charged for the purposes described in
such paragraph reflects the costs of the preparation
and transmittal of the data for such purpose, on
research or public health activities, including those
conducted by or for the use of the Food and Drug
Administration; and/
/ (B) may further restrict the exception described in
paragraph (2)(A) to require that the price charged for
the purposes described in such paragraph reflects the
costs of the preparation and transmittal of the data
for such purpose, if the Secretary finds that such
further restriction will not impede such research or
public health activities./
/ (4) EFFECTIVE DATE- Paragraph (1) shall apply to exchanges
occurring on or after the date that is 6 months after the
date of the promulgation of final regulations implementing
this subsection./
/ (f) Access to Certain Information in Electronic Format- In
applying section 164.524 of title 45, Code of Federal Regulations,
in the case that a covered entity uses or maintains an electronic
health record with respect to protected health information of an
individual--/
/ (1) the individual shall have a right to obtain from such
covered entity a copy of such information in an electronic
format; and/
/ (2) notwithstanding paragraph (c)(4) of such section, any
fee that the covered entity may impose for providing such
individual with a copy of such information (or a summary or
explanation of such information) if such copy (or summary or
explanation) is in an electronic form shall not be greater
than the entity's labor costs in responding to the request
for the copy (or summary or explanation)./
/SEC. 13406. CONDITIONS ON CERTAIN CONTACTS AS PART OF HEALTH CARE
OPERATIONS./
/ (a) Marketing- /
/ (1) IN GENERAL- A communication by a covered entity or
business associate that is about a product or service and
that encourages recipients of the communication to purchase
or use the product or service shall not be considered a
health care operation for purposes of subpart E of part 164
of title 45, Code of Federal Regulations, unless the
communication is made as described in subparagraph (i),
(ii), or (iii) of paragraph (1) of the definition of
marketing in section 164.501 of such title./
/ (2) PAYMENT FOR CERTAIN COMMUNICATIONS- A communication by
a covered entity or business associate that is described in
subparagraph (i), (ii), or (iii) of paragraph (1) of the
definition of marketing in section 164.501 of title 45, Code
of Federal Regulations, shall not be considered a health
care operation for purposes of subpart E of part 164 of
title 45, Code of Federal Regulations if the covered entity
receives or has received direct or indirect payment in
exchange for making such communication, except where--/
/ (A) such communication describes only a health care
item or service that has previously been prescribed
for or administered to the recipient of the
communication, or a family member of such recipient;/
/ (B) each of the following conditions apply--/
/ (i) the communication is made by the covered
entity; and/
/ (ii) the covered entity making such
communication obtains from the recipient of the
communication, in accordance with section
164.508 of title 45, Code of Federal
Regulations, a valid authorization (as described
in paragraph (b) of such section) with respect
to such communication; or/
/ (C) each of the following conditions apply--/
/ (i) the communication is made on behalf of the
covered entity;/
/ (ii) the communication is consistent with the
written contract (or other written arrangement
described in section 164.502(e)(2) of such
title) between such business associate and
covered entity; and/
/ (iii) the business associate making such
communication, or the covered entity on behalf
of which the communication is made, obtains from
the recipient of the communication, in
accordance with section 164.508 of title 45,
Code of Federal Regulations, a valid
authorization (as described in paragraph (b) of
such section) with respect to such communication./
/ (c) Effective Date- This section shall apply to contracting
occurring on or after the effective date specified under section
13423./
/SEC. 13407. TEMPORARY BREACH NOTIFICATION REQUIREMENT FOR VENDORS
OF PERSONAL HEALTH RECORDS AND OTHER NON-HIPAA COVERED ENTITIES./
/ (a) In General- In accordance with subsection (c), each vendor
of personal health records, following the discovery of a breach of
security of unsecured PHR identifiable health information that is
in a personal health record maintained or offered by such vendor,
and each entity described in clause (ii) or (iii) of section
13424(b)(1)(A), following the discovery of a breach of security of
such information that is obtained through a product or service
provided by such entity, shall--/
/ (1) notify each individual who is a citizen or resident of
the United States whose unsecured PHR identifiable health
information was acquired by an unauthorized person as a
result of such a breach of security; and/
/ (2) notify the Federal Trade Commission./
/ (b) Notification by Third Party Service Providers- A third party
service provider that provides services to a vendor of personal
health records or to an entity described in clause (ii) or (iii)
of section 13424(b)(1)(A) in connection with the offering or
maintenance of a personal health record or a related product or
service and that accesses, maintains, retains, modifies, records,
stores, destroys, or otherwise holds, uses, or discloses unsecured
PHR identifiable health information in such a record as a result
of such services shall, following the discovery of a breach of
security of such information, notify such vendor or entity,
respectively, of such breach. Such notice shall include the
identification of each individual whose unsecured PHR identifiable
health information has been, or is reasonably believed to have
been, accessed, acquired, or disclosed during such breach./
/ (c) Application of Requirements for Timeliness, Method, and
Content of Notifications- Subsections (c), (d), (e), and (f) of
section 13402 shall apply to a notification required under
subsection (a) and a vendor of personal health records, an entity
described in subsection (a) and a third party service provider
described in subsection (b), with respect to a breach of security
under subsection (a) of unsecured PHR identifiable health
information in such records maintained or offered by such vendor,
in a manner specified by the Federal Trade Commission./
/ (d) Notification of the Secretary- Upon receipt of a
notification of a breach of security under subsection (a)(2), the
Federal Trade Commission shall notify the Secretary of such breach./
/ (e) Enforcement- A violation of subsection (a) or (b) shall be
treated as an unfair and deceptive act or practice in violation of
a regulation under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57/a/(a)(1)(B)) regarding unfair or
deceptive acts or practices./
/ (f) Definitions- For purposes of this section:/
/ (1) BREACH OF SECURITY- The term `breach of security'
means, with respect to unsecured PHR identifiable health
information of an individual in a personal health record,
acquisition of such information without the authorization of
the individual./
/ (2) PHR IDENTIFIABLE HEALTH INFORMATION- The term `PHR
identifiable health information' means individually
identifiable health information, as defined in section
1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), and
includes, with respect to an individual, information--/
/ (A) that is provided by or on behalf of the
individual; and/
/ (B) that identifies the individual or with respect
to which there is a reasonable basis to believe that
the information can be used to identify the individual./
/ (3) UNSECURED PHR IDENTIFIABLE HEALTH INFORMATION- /
/ (A) IN GENERAL- Subject to subparagraph (B), the
term `unsecured PHR identifiable health information'
means PHR identifiable health information that is not
protected through the use of a technology or
methodology specified by the Secretary in the guidance
issued under section 13402(h)(2)./
/ (B) EXCEPTION IN CASE TIMELY GUIDANCE NOT ISSUED- In
the case that the Secretary does not issue guidance
under section 13402(h)(2) by the date specified in
such section, for purposes of this section, the term
`unsecured PHR identifiable health information' shall
mean PHR identifiable health information that is not
secured by a technology standard that renders
protected health information unusable, unreadable, or
indecipherable to unauthorized individuals and that is
developed or endorsed by a standards developing
organization that is accredited by the American
National Standards Institute./
/ (g) Regulations; Effective Date; Sunset- /
/ (1) REGULATIONS; EFFECTIVE DATE- To carry out this
section, the Federal Trade Commission shall, in accordance
with section 553 of title 5, United States Code, promulgate
interim final regulations by not later than the date that is
180 days after the date of the enactment of this section.
The provisions of this section shall apply to breaches of
security that are discovered on or after the date that is 30
days after the date of publication of such interim final
regulations./
/ (2) SUNSET- The provisions of this section shall not apply
to breaches of security occurring on or after the earlier of
the following the dates:/
/ (A) The date on which a standard relating to
requirements for entities that are not covered
entities that includes requirements relating to breach
notification has been promulgated by the Secretary./
/ (B) The date on which a standard relating to
requirements for entities that are not covered
entities that includes requirements relating to breach
notification has been promulgated by the Federal Trade
Commission and has taken effect./
/SEC. 13408. BUSINESS ASSOCIATE CONTRACTS REQUIRED FOR CERTAIN
ENTITIES./
/ Each organization, with respect to a covered entity, that
provides data transmission of protected health information to such
entity (or its business associate) and that requires access on a
routine basis to such protected health information, such as a
Health Information Exchange Organization, Regional Health
Information Organization, E-prescribing Gateway, or each vendor
that contracts with a covered entity to allow that covered entity
to offer a personal health record to patients as part of its
electronic health record, is required to enter into a written
contract (or other written arrangement) described in section
164.502(e)(2) of title 45, Code of Federal Regulations and a
written contract (or other arrangement) described in section
164.308(b) of such title, with such entity and shall be treated as
a business associate of the covered entity for purposes of the
provisions of this subtitle and subparts C and E of part 164 of
title 45, Code of Federal Regulations, as such provisions are in
effect as of the date of enactment of this title./
/SEC. 13409. CLARIFICATION OF APPLICATION OF WRONGFUL DISCLOSURES
CRIMINAL PENALTIES./
/ Section 1177(a) of the Social Security Act (42 U.S.C.
1320d-6(a)) is amended by adding at the end the following new
sentence: `For purposes of the previous sentence, a person
(including an employee or other individual) shall be considered to
have obtained or disclosed individually identifiable health
information in violation of this part if the information is
maintained by a covered entity (as defined in the HIPAA privacy
regulation described in section 1180(b)(3)) and the individual
obtained or disclosed such information without authorization.'./
/SEC. 13410. IMPROVED ENFORCEMENT./
/ (a) In General- Section 1176 of the Social Security Act (42
U.S.C. 1320d-5) is amended--/
/ (1) in subsection (b)(1), by striking `the act constitutes
an offense punishable under section 1177' and inserting `a
penalty has been imposed under section 1177 with respect to
such act'; and/
/ (2) by adding at the end the following new subsection:/
/ `(c) Noncompliance Due to Willful Neglect- /
/ `(1) IN GENERAL- A violation of a provision of this part
due to willful neglect is a violation for which the
Secretary is required to impose a penalty under subsection
(a)(1)./
/ `(2) REQUIRED INVESTIGATION- For purposes of paragraph
(1), the Secretary shall formally investigate any complaint
of a violation of a provision of this part if a preliminary
investigation of the facts of the complaint indicate such a
possible violation due to willful neglect.'./
/ (b) Effective Date; Regulations- /
/ (1) The amendments made by subsection (a) shall apply to
penalties imposed on or after the date that is 24 months
after the date of the enactment of this title./
/ (2) Not later than 18 months after the date of the
enactment of this title, the Secretary of Health and Human
Services shall promulgate regulations to implement such
amendments./
/ (c) Distribution of Certain Civil Monetary Penalties Collected- /
/ (1) IN GENERAL- Subject to the regulation promulgated
pursuant to paragraph (3), any civil monetary penalty or
monetary settlement collected with respect to an offense
punishable under this subtitle or section 1176 of the Social
Security Act (42 U.S.C. 1320d-5) insofar as such section
relates to privacy or security shall be transferred to the
Office of Civil Rights of the Department of Health and Human
Services to be used for purposes of enforcing the provisions
of this subtitle and subparts C and E of part 164 of title
45, Code of Federal Regulations, as such provisions are in
effect as of the date of enactment of this Act./
/ (2) GAO REPORT- Not later than 18 months after the date of
the enactment of this title, the Comptroller General shall
submit to the Secretary a report including recommendations
for a methodology under which an individual who is harmed by
an act that constitutes an offense referred to in paragraph
(1) may receive a percentage of any civil monetary penalty
or monetary settlement collected with respect to such offense./
/ (3) ESTABLISHMENT OF METHODOLOGY TO DISTRIBUTE PERCENTAGE
OF CMPS COLLECTED TO HARMED INDIVIDUALS- Not later than 3
years after the date of the enactment of this title, the
Secretary shall establish by regulation and based on the
recommendations submitted under paragraph (2), a methodology
under which an individual who is harmed by an act that
constitutes an offense referred to in paragraph (1) may
receive a percentage of any civil monetary penalty or
monetary settlement collected with respect to such offense./
/ (4) APPLICATION OF METHODOLOGY- The methodology under
paragraph (3) shall be applied with respect to civil
monetary penalties or monetary settlements imposed on or
after the effective date of the regulation./
/ (d) Tiered Increase in Amount of Civil Monetary Penalties- /
/ (1) IN GENERAL- Section 1176(a)(1) of the Social Security
Act (42 U.S.C. 1320d-5(a)(1)) is amended by striking `who
violates a provision of this part a penalty of not more
than' and all that follows and inserting the following: `who
violates a provision of this part--/
/ `(A) in the case of a violation of such provision in
which it is established that the person did not know
(and by exercising reasonable diligence would not have
known) that such person violated such provision, a
penalty for each such violation of an amount that is
at least the amount described in paragraph (3)(A) but
not to exceed the amount described in paragraph (3)(D);/
/ `(B) in the case of a violation of such provision in
which it is established that the violation was due to
reasonable cause and not to willful neglect, a penalty
for each such violation of an amount that is at least
the amount described in paragraph (3)(B) but not to
exceed the amount described in paragraph (3)(D); and/
/ `(C) in the case of a violation of such provision in
which it is established that the violation was due to
willful neglect--/
/ `(i) if the violation is corrected as
described in subsection (b)(3)(A), a penalty in
an amount that is at least the amount described
in paragraph (3)(C) but not to exceed the amount
described in paragraph (3)(D); and/
/ `(ii) if the violation is not corrected as
described in such subsection, a penalty in an
amount that is at least the amount described in
paragraph (3)(D)./
/In determining the amount of a penalty under this
section for a violation, the Secretary shall base such
determination on the nature and extent of the
violation and the nature and extent of the harm
resulting from such violation.'./
/ (2) TIERS OF PENALTIES DESCRIBED- Section 1176(a) of such
Act (42 U.S.C. 1320d-5(a)) is further amended by adding at
the end the following new paragraph:/
/ `(3) TIERS OF PENALTIES DESCRIBED- For purposes of
paragraph (1), with respect to a violation by a person of a
provision of this part--/
/ `(A) the amount described in this subparagraph is
$100 for each such violation, except that the total
amount imposed on the person for all such violations
of an identical requirement or prohibition during a
calendar year may not exceed $25,000;/
/ `(B) the amount described in this subparagraph is
$1,000 for each such violation, except that the total
amount imposed on the person for all such violations
of an identical requirement or prohibition during a
calendar year may not exceed $100,000;/
/ `(C) the amount described in this subparagraph is
$10,000 for each such violation, except that the total
amount imposed on the person for all such violations
of an identical requirement or prohibition during a
calendar year may not exceed $250,000; and/
/ `(D) the amount described in this subparagraph is
$50,000 for each such violation, except that the total
amount imposed on the person for all such violations
of an identical requirement or prohibition during a
calendar year may not exceed $1,500,000.'./
/ (3) CONFORMING AMENDMENTS- Section 1176(b) of such Act (42
U.S.C. 1320d-5(b)) is amended--/
/ (A) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively; and/
/ (B) in paragraph (2), as so redesignated--/
/ (i) in subparagraph (A), by striking `in
subparagraph (B), a penalty may not be imposed
under subsection (a) if' and all that follows
through `the failure to comply is corrected' and
inserting `in subparagraph (B) or subsection
(a)(1)(C), a penalty may not be imposed under
subsection (a) if the failure to comply is
corrected'; and/
/ (ii) in subparagraph (B), by striking
`(A)(ii)' and inserting `(A)' each place it
appears./
/ (4) EFFECTIVE DATE- The amendments made by this subsection
shall apply to violations occurring after the date of the
enactment of this title./
/ (e) Enforcement Through State Attorneys General- /
/ (1) IN GENERAL- Section 1176 of the Social Security Act
(42 U.S.C. 1320d-5) is amended by adding at the end the
following new subsection:/
/ `(d) Enforcement by State Attorneys General- /
/ `(1) CIVIL ACTION- Except as provided in subsection (b),
in any case in which the attorney general of a State has
reason to believe that an interest of one or more of the
residents of that State has been or is threatened or
adversely affected by any person who violates a provision of
this part, the attorney general of the State, as parens
patriae, may bring a civil action on behalf of such
residents of the State in a district court of the United
States of appropriate jurisdiction--/
/ `(A) to enjoin further such violation by the
defendant; or/
/ `(B) to obtain damages on behalf of such residents
of the State, in an amount equal to the amount
determined under paragraph (2)./
/ `(2) STATUTORY DAMAGES- /
/ `(A) IN GENERAL- For purposes of paragraph (1)(B),
the amount determined under this paragraph is the
amount calculated by multiplying the number of
violations by up to $100. For purposes of the
preceding sentence, in the case of a continuing
violation, the number of violations shall be
determined consistent with the HIPAA privacy
regulations (as defined in section 1180(b)(3)) for
violations of subsection (a)./
/ `(B) LIMITATION- The total amount of damages imposed
on the person for all violations of an identical
requirement or prohibition during a calendar year may
not exceed $25,000./
/ `(C) REDUCTION OF DAMAGES- In assessing damages
under subparagraph (A), the court may consider the
factors the Secretary may consider in determining the
amount of a civil money penalty under subsection (a)
under the HIPAA privacy regulations./
/ `(3) ATTORNEY FEES- In the case of any successful action
under paragraph (1), the court, in its discretion, may award
the costs of the action and reasonable attorney fees to the
State./
/ `(4) NOTICE TO SECRETARY- The State shall serve prior
written notice of any action under paragraph (1) upon the
Secretary and provide the Secretary with a copy of its
complaint, except in any case in which such prior notice is
not feasible, in which case the State shall serve such
notice immediately upon instituting such action. The
Secretary shall have the right--/
/ `(A) to intervene in the action;/
/ `(B) upon so intervening, to be heard on all matters
arising therein; and/
/ `(C) to file petitions for appeal./
/ `(5) CONSTRUCTION- For purposes of bringing any civil
action under paragraph (1), nothing in this section shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of that State./
/ `(6) VENUE; SERVICE OF PROCESS- /
/ `(A) VENUE- Any action brought under paragraph (1)
may be brought in the district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States Code./
/ `(B) SERVICE OF PROCESS- In an action brought under
paragraph (1), process may be served in any district
in which the defendant--/
/ `(i) is an inhabitant; or/
/ `(ii) maintains a physical place of business./
/ `(7) LIMITATION ON STATE ACTION WHILE FEDERAL ACTION IS
PENDING- If the Secretary has instituted an action against a
person under subsection (a) with respect to a specific
violation of this part, no State attorney general may bring
an action under this subsection against the person with
respect to such violation during the pendency of that action./
/ `(8) APPLICATION OF CMP STATUTE OF LIMITATION- A civil
action may not be instituted with respect to a violation of
this part unless an action to impose a civil money penalty
may be instituted under subsection (a) with respect to such
violation consistent with the second sentence of section
1128A(c)(1).'./
/ (2) CONFORMING AMENDMENTS- Subsection (b) of such section,
as amended by subsection (d)(3), is amended--/
/ (A) in paragraph (1), by striking `A penalty may not
be imposed under subsection (a)' and inserting `No
penalty may be imposed under subsection (a) and no
damages obtained under subsection (d)';/
/ (B) in paragraph (2)(A)--/
/ (i) after `subsection (a)(1)(C),', by striking
`a penalty may not be imposed under subsection
(a)' and inserting `no penalty may be imposed
under subsection (a) and no damages obtained
under subsection (d)'; and/
/ (ii) in clause (ii), by inserting `or damages'
after `the penalty';/
/ (C) in paragraph (2)(B)(i), by striking `The period'
and inserting `With respect to the imposition of a
penalty by the Secretary under subsection (a), the
period'; and/
/ (D) in paragraph (3), by inserting `and any damages
under subsection (d)' after `any penalty under
subsection (a)'./
/ (3) EFFECTIVE DATE- The amendments made by this subsection
shall apply to violations occurring after the date of the
enactment of this Act./
/ (f) Allowing Continued Use of Corrective Action- Such section is
further amended by adding at the end the following new subsection:/
/ `(e) Allowing Continued Use of Corrective Action- Nothing in
this section shall be construed as preventing the Office of Civil
Rights of the Department of Health and Human Services from
continuing, in its discretion, to use corrective action without a
penalty in cases where the person did not know (and by exercising
reasonable diligence would not have known) of the violation
involved.'./
/SEC. 13411. AUDITS./
/ The Secretary shall provide for periodic audits to ensure that
covered entities and business associates that are subject to the
requirements of this subtitle and subparts C and E of part 164 of
title 45, Code of Federal Regulations, as such provisions are in
effect as of the date of enactment of this Act, comply with such
requirements./
//PART II--RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES;
EFFECTIVE DATE; REPORTS//
/SEC. 13421. RELATIONSHIP TO OTHER LAWS./
/ (a) Application of Hipaa State Preemption- Section 1178 of the
Social Security Act (42 U.S.C. 1320d-7) shall apply to a provision
or requirement under this subtitle in the same manner that such
section applies to a provision or requirement under part C of
title XI of such Act or a standard or implementation specification
adopted or established under sections 1172 through 1174 of such Act./
/ (b) Health Insurance Portability and Accountability Act- The
standards governing the privacy and security of individually
identifiable health information promulgated by the Secretary under
sections 262(a) and 264 of the Health Insurance Portability and
Accountability Act of 1996 shall remain in effect to the extent
that they are consistent with this subtitle. The Secretary shall
by rule amend such Federal regulations as required to make such
regulations consistent with this subtitle. In carrying out the
preceding sentence, the Secretary shall revise the definition of
`psychotherapy notes' in section 164.501 of title 45, Code of
Federal Regulations, to include test data that is related to
direct responses, scores, items, forms, protocols, manuals, or
other materials that are part of a mental health evaluation, as
determined by the mental health professional providing treatment
or evaluation./
/SEC. 13422. REGULATORY REFERENCES./
/ Each reference in this subtitle to a provision of the Code of
Federal Regulations refers to such provision as in effect on the
date of the enactment of this title (or to the most recent update
of such provision)./
/SEC. 13423. EFFECTIVE DATE./
/ Except as otherwise specifically provided, the provisions of
part I shall take effect on the date that is 12 months after the
date of the enactment of this title./
/SEC. 13424. STUDIES, REPORTS, GUIDANCE./
/ (a) Report on Compliance- /
/ (1) IN GENERAL- For the first year beginning after the
date of the enactment of this Act and annually thereafter,
the Secretary shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives a report concerning
complaints of alleged violations of law, including the
provisions of this subtitle as well as the provisions of
subparts C and E of part 164 of title 45, Code of Federal
Regulations, (as such provisions are in effect as of the
date of enactment of this Act) relating to privacy and
security of health information that are received by the
Secretary during the year for which the report is being
prepared. Each such report shall include, with respect to
such complaints received during the year--/
/ (A) the number of such complaints;/
/ (B) the number of such complaints resolved
informally, a summary of the types of such complaints
so resolved, and the number of covered entities that
received technical assistance from the Secretary
during such year in order to achieve compliance with
such provisions and the types of such technical
assistance provided;/
/ (C) the number of such complaints that have resulted
in the imposition of civil monetary penalties or have
been resolved through monetary settlements, including
the nature of the complaints involved and the amount
paid in each penalty or settlement;/
/ (D) the number of compliance reviews conducted and
the outcome of each such review;/
/ (E) the number of subpoenas or inquiries issued;/
/ (F) the Secretary's plan for improving compliance
with and enforcement of such provisions for the
following year; and/
/ (G) the number of audits performed and a summary of
audit findings pursuant to section 13411./
/ (2) AVAILABILITY TO PUBLIC- Each report under paragraph
(1) shall be made available to the public on the Internet
website of the Department of Health and Human Services./
/ (b) Study and Report on Application of Privacy and Security
Requirements to Non-Hipaa Covered Entities- /
/ (1) STUDY- Not later than one year after the date of the
enactment of this title, the Secretary, in consultation with
the Federal Trade Commission, shall conduct a study, and
submit a report under paragraph (2), on privacy and security
requirements for entities that are not covered entities or
business associates as of the date of the enactment of this
title, including--/
/ (A) requirements relating to security, privacy, and
notification in the case of a breach of security or
privacy (including the applicability of an exemption
to notification in the case of individually
identifiable health information that has been rendered
unusable, unreadable, or indecipherable through
technologies or methodologies recognized by
appropriate professional organization or standard
setting bodies to provide effective security for the
information) that should be applied to--/
/ (i) vendors of personal health records;/
/ (ii) entities that offer products or services
through the website of a vendor of personal
health records;/
/ (iii) entities that are not covered entities
and that offer products or services through the
websites of covered entities that offer
individuals personal health records;/
/ (iv) entities that are not covered entities
and that access information in a personal health
record or send information to a personal health
record; and/
/ (v) third party service providers used by a
vendor or entity described in clause (i), (ii),
(iii), or (iv) to assist in providing personal
health record products or services;/
/ (B) a determination of which Federal government
agency is best equipped to enforce such requirements
recommended to be applied to such vendors, entities,
and service providers under subparagraph (A); and/
/ (C) a timeframe for implementing regulations based
on such findings./
/ (2) REPORT- The Secretary shall submit to the Committee on
Finance, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Commerce of the Senate and
the Committee on Ways and Means and the Committee on Energy
and Commerce of the House of Representatives a report on the
findings of the study under paragraph (1) and shall include
in such report recommendations on the privacy and security
requirements described in such paragraph./
/ (c) Guidance on Implementation Specification To De-Identify
Protected Health Information- Not later than 12 months after the
date of the enactment of this title, the Secretary shall, in
consultation with stakeholders, issue guidance on how best to
implement the requirements for the de-identification of protected
health information under section 164.514(b) of title 45, Code of
Federal Regulations./
/ (d) Gao Report on Treatment Disclosures- Not later than one year
after the date of the enactment of this title, the Comptroller
General of the United States shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives a report on the best
practices related to the disclosure among health care providers of
protected health information of an individual for purposes of
treatment of such individual. Such report shall include an
examination of the best practices implemented by States and by
other entities, such as health information exchanges and regional
health information organizations, an examination of the extent to
which such best practices are successful with respect to the
quality of the resulting health care provided to the individual
and with respect to the ability of the health care provider to
manage such best practices, and an examination of the use of
electronic informed consent for disclosing protected health
information for treatment, payment, and health care operations./
/ (e) Report Required- Not later than 1 year after the date of
enactment of this section, the Government Accountability Office
shall submit to Congress and the Secretary of Health and Human
Services a report on the impact of any of the provisions of, or
amendments made by, this division or division B that are related
to the Health Insurance Portability and Accountability Act of 1996
and section 552a of title 5, United States Code, on health
insurance premiums and overall health care costs./
/TITLE XIV--STATE FISCAL STABILIZATION/
/DEPARTMENT OF EDUCATION/
/State Fiscal Stabilization Fund/
/ For necessary expenses for a State Fiscal Stabilization Fund,
$39,000,000,000, which shall be administered by the Department of
Education, and shall be available through September 30, 2010./
/GENERAL PROVISIONS--THIS TITLE/
/SEC. 1401. ALLOCATIONS./
/ (a) Outlying Areas- The Secretary of Education shall first
allocate one-half of 1 percent to the outlying areas on the basis
of their respective needs, as determined by the Secretary, for
activities consistent with this title under such terms and
conditions as the Secretary may determine./
/ (b) Administration and Oversight- The Secretary may reserve up
to $25,000,000 for administration and oversight of this title,
including for program evaluation./
/ (c) Reservation for Additional Programs- After reserving funds
under subsections (a) and (b), the Secretary shall reserve
$7,500,000,000 for grants under sections 1406 and 1407./
/ (d) State Allocations- After carrying out subsections (a), (b),
and (c), the Secretary shall allocate the remaining funds made
available to carry out this title to the States as follows:/
/ (1) 61 percent on the basis of their relative population
of individuals aged 5 through 24./
/ (2) 39 percent on the basis of their relative total
population./
/ (e) State Grants- From funds allocated under subsection (d), the
Secretary shall make grants to the Governor of each State./
/ (f) Reallocation- The Governor shall return to the Secretary any
funds received under subsection (e) that the Governor does not
obligate within 1 year of receiving a grant, and the Secretary
shall reallocate such funds to the remaining States in accordance
with subsection (d)./
/SEC. 1402. STATE USES OF FUNDS./
/ Education Fund- (a) IN GENERAL- The Governor shall use the
State's allocation under section 1401 for the support of
elementary, secondary, and postsecondary education and, as
applicable, early childhood education programs and services./
/ (b) RESTORING 2008 STATE SUPPORT FOR EDUCATION- /
/ (1) IN GENERAL- The Governor shall first use the funds described
in subsection (a)--/
/ (A) to provide the amount of funds, through the
State's principal elementary and secondary funding
formula, that is needed to restore State support for
elementary and secondary education to the fiscal year
2008 level; and where applicable, to allow existing
State formula increases for fiscal years 2009, 2010,
and 2011 to be implemented and allow funding for
phasing in State equity and adequacy adjustments that
were enacted prior to July 1, 2008; and/
/ (B) to provide the amount of funds to public
institutions of higher education in the State that is
needed to restore State support for postsecondary
education to the fiscal year 2008 level./
/ (2) SHORTFALL- If the Governor determines that the amount of
funds available under subsection (a) is insufficient to restore
State support for education to the levels described in
subparagraphs (A) and (B) of paragraph (1), the Governor shall
allocate those funds between those clauses in proportion to the
relative shortfall in State support for the education sectors
described in those clauses./
/ (c) SUBGRANTS TO IMPROVE BASIC PROGRAMS OPERATED BY LOCAL
EDUCATIONAL AGENCIES- After carrying out subsection (b), the
Governor shall use any funds remaining under subsection (a) to
provide local educational agencies in the State with subgrants
based on their relative shares of funding under part A of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.) for the most recent year for which data are available./
/SEC. 1403. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES./
/ (1) In General- A local educational agency that receives funds
under this title may use the funds for any activity authorized by
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) (`ESEA'), the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) (`IDEA'), or the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) (`the
Perkins Act')./
/ (b) Prohibition- A local educational agency may not use funds
received under this title for capital projects unless authorized
by ESEA, IDEA, or the Perkins Act./
/SEC. 1404. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION./
/ (a) In General- A public institution of higher education that
receives funds under this title shall use the funds for education
and general expenditures, and in such a way as to mitigate the
need to raise tuition and fees for in-State students./
/ (b) Prohibition- An institution of higher education may not use
funds received under this title to increase its endowment./
/ (c) Additional Prohibition- An institution of higher education
may not use funds received under this title for construction,
renovation, or facility repair./
/SEC. 1405. STATE APPLICATIONS./
/ (a) In General- The Governor of a State desiring to receive an
allocation under section 1401 shall submit an application at such
time, in such manner, and containing such information as the
Secretary may reasonably require./
/ (b) Application- The Governor shall--/
/ (1) include the assurances described in subsection (d);/
/ (2) provide baseline data that demonstrates the State's
current status in each of the areas described in such
assurances; and/
/ (3) describe how the State intends to use its allocation./
/ (c) Incentive Grant Application- The Governor of a State seeking
a grant under section 1406 shall--/
/ (1) submit an application for consideration;/
/ (2) describe the status of the State's progress in each of
the areas described in subsection (d);/
/ (3) describe the achievement and graduation rates of
public elementary and secondary school students in the
State, and the strategies the State is employing to help
ensure that all subgroups of students identified in
1111(b)(2) of ESEA in the State continue making progress
toward meeting the State's student academic achievement
standards;/
/ (4) describe how the State would use its grant funding to
improve student academic achievement in the State, including
how it will allocate the funds to give priority to high-need
schools and local educational agencies; and/
/ (5) include a plan for evaluating its progress in closing
achievement gaps./
/ (d) Assurances- An application under subsection (b) shall
include the following assurances:/
/ (1) MAINTENANCE OF EFFORT- /
/ (A) ELEMENTARY AND SECONDARY EDUCATION- The State
will, in each of fiscal years 2009 and 2010, maintain
State support for elementary and secondary education
at least at the level of such support in fiscal year
2006./
/ (B) HIGHER EDUCATION- The State will, in each of
fiscal years 2009 and 2010, maintain State support for
public institutions of higher education (not including
support for capital projects or for research and
development) at least at the level of such support in
fiscal year 2006./
/ (2) ACHIEVING EQUITY IN TEACHER DISTRIBUTION- The State
will take action, including activities outlined in section
2113(c) of ESEA, to increase the number, and improve the
distribution, of effective teachers and principals in
high-poverty schools and local educational agencies
throughout the State./
/ (3) IMPROVING COLLECTION AND USE OF DATA- The State will
establish a longitudinal data system that includes the
elements described in section 6401(e)(2)(D) of the America
COMPETES Act (20 U.S.C. 9871)./
/ (4) STANDARDS AND ASSESSMENTS- The State--/
/ (A) will enhance the quality of academic assessments
described in section 1111(b)(3) of ESEA (20 U.S.C.
6311(b)(3)) through activities such as those described
in section 6112(a) of such Act (20 U.S.C. 7301a(a));/
/ (B) will comply with the requirements of paragraphs
(3)(C)(ix) and (6) of section 1111(b) of ESEA (20
U.S.C. 6311(b)) and section 612(a)(16) of IDEA (20
U.S.C. 1412(a)(16)) related to the inclusion of
children with disabilities and limited English
proficient students in State assessments, the
development of valid and reliable assessments for
those students, and the provision of accommodations
that enable their participation in State assessments; and/
/ (C) will take steps to improve State academic
content standards and student academic achievement
standards consistent with 6401(e)(1)(A)(ii) of the
America COMPETES Act./
/ (5) will ensure compliance with the requirements of
section 1116(a)(7)(C)(iv) and section 1116(a)(8)(B) with
respect to schools identified under such sections./
/SEC. 1406. STATE INCENTIVE GRANTS./
/ (a) In General- From the total amount reserved under section
1401(c) that is not used for section 1407, the Secretary shall, in
fiscal year 2010, make grants to States that have made significant
progress in meeting the objectives of paragraphs (2), (3), (4),
and (5) of section 1405(d)./
/ (b) Basis for Grants- The Secretary shall determine which States
receive grants under this section, and the amount of those grants,
on the basis of information provided in State applications under
section 1405 and such other criteria as the Secretary determines
appropriate./
/ (c) Subgrants to Local Educational Agencies- Each State
receiving a grant under this section shall use at least 50 percent
of the grant to provide local educational agencies in the State
with subgrants based on their relative shares of funding under
part A of title I of ESEA (20 U.S.C. 6311 et seq.) for the most
recent year./
/SEC. 1407. INNOVATION FUND./
/ (a) In General- /
/ (1) ELIGIBLE ENTITY- For the purposes of this section, the
term `eligible entity' means--/
/ (A) A local educational agency; or/
/ (B) a partnership between a nonprofit organization
and--/
/ (i) one or more local educational agencies;/
/ (ii) or a consortium of schools./
/ (2) PROGRAM ESTABLISHED- From the total amount reserved
under section 1401(c), the Secretary may reserve up to
$650,000,000 to establish an Innovation Fund, which shall
consist of academic achievement awards that recognize
eligible entities that meet the requirements described in
subsection (b)./
/ (3) BASIS FOR AWARDS- The Secretary shall make awards to
eligible entities that have made significant gains in
closing the achievement gap as described in subsection (b)(1)--/
/ (A) to allow such eligible entities to expand their
work and serve as models for best practices;/
/ (B) to allow such eligible entities to work in
partnership with the private sector and the
philanthropic community; and/
/ (C) to identify and document best practices that can
be shared, and taken to scale based on demonstrated
success./
/ (b) Eligibility- To be eligible for such an award, an eligible
entity shall--/
/ (1) have significantly closed the achievement gaps between
groups of students described in section 1111(b)(2) of ESEA
(20 U.S.C. 6311(b)(2));/
/ (2) have exceeded the State's annual measurable objectives
consistent with such section 1111(b)(2) for 2 or more
consecutive years or have demonstrated success in
significantly increasing student academic achievement for
all groups of students described in such section through
another measure, such as measures described in section
1111(c)(2) of ESEA;/
/ (3) have made significant improvement in other areas, such
as graduation rates or increased recruitment and placement
of high-quality teachers and school leaders, as demonstrated
with meaningful data; and/
/ (4) demonstrate that they have established partnerships
with the private sector, which may include philanthropic
organizations, and that the private sector will provide
matching funds in order to help bring results to scale./
/SEC. 1408. STATE REPORTS./
/ A State receiving funds under this title shall submit a report
to the Secretary, at such time and in such manner as the Secretary
may require, that describes--/
/ (1) the uses of funds provided under this title within the
State;/
/ (2) how the State distributed the funds it received under
this title;/
/ (3) the number of jobs that the Governor estimates were
saved or created with funds the State received under this
title;/
/ (4) tax increases that the Governor estimates were averted
because of the availability of funds from this title;/
/ (5) the State's progress in reducing inequities in the
distribution of teachers, in implementing a State student
longitudinal data system, and in developing and implementing
valid and reliable assessments for limited English
proficient students and children with disabilities;/
/ (6) the tuition and fee increases for in-State students
imposed by public institutions of higher education in the
State during the period of availability of funds under this
title, and a description of any actions taken by the State
to limit those increases; and/
/ (7) the extent to which public institutions of higher
education maintained, increased, or decreased enrollment of
in-State students, including students eligible for Pell
Grants or other need-based financial assistance./
/SEC. 1409. EVALUATION./
/ The Comptroller General of the United States shall conduct
evaluations of the programs under sections 1406 and 1407 which
shall include, but not be limited to, the criteria used for the
awards made, the States selected for awards, award amounts, how
each State used the award received, and the impact of this funding
on the progress made toward closing achievement gaps./
/SEC. 1410. SECRETARY'S REPORT TO CONGRESS./
/ The Secretary shall submit a report to the Committee on
Education and Labor of the House of Representatives, the Committee
on Health, Education, Labor, and Pensions of the Senate, and the
Committees on Appropriations of the House of Representatives and
of the Senate, not less than 6 months following the submission of
the State reports, that evaluates the information provided in the
State reports under section 1408./
/SEC. 1411. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE./
/ No recipient of funds under this title shall use such funds to
provide financial assistance to students to attend private
elementary or secondary schools, unless such funds are used to
provide special education and related services to children with
disabilities, as authorized by the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.)./
/SEC. 1412. DEFINITIONS./
/ Except as otherwise provided in this title, as used in this title--/
/ (1) the term `institution of higher education' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001);/
/ (2) the term `Secretary' means the Secretary of Education;/
/ (3) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and/
/ (4) any other term that is defined in section 9101 of ESEA
(20 U.S.C. 7801) shall have the meaning given the term in
such section./
/SEC. 1413. REGULATORY RELIEF./
/ (a) Waiver Authority- Subject to subsections (b) and (c), the
Secretary of Education may, as applicable, waive or modify, in
order to ease fiscal burdens, any requirement relating to the
following:/
/ (1) Maintenance of effort./
/ (2) The use of Federal funds to supplement, not supplant,
non-Federal funds./
/ (b) Duration- A waiver under this section shall be for fiscal
years 2009 and 2010./
/ (c) Limitations- /
/ (1) RELATION TO IDEA- Nothing in this section shall be
construed to permit the Secretary to waive or modify any
provision of the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), except as described in a(1) and a(2)./
/ (2) MAINTENANCE OF EFFORT- If the Secretary grants a
waiver or modification under this section waiving or
modifying a requirement relating to maintenance of effort
for fiscal years 2009 and 2010, the level of effort required
for fiscal year 2011 shall not be reduced because of the
waiver or modification./
/TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD AND
RECOVERY INDEPENDENT ADVISORY PANEL/
/SEC. 1501. DEFINITIONS./
/ In this title:/
/ (1) AGENCY- The term `agency' has the meaning given under
section 551 of title 5, United States Code./
/ (2) BOARD- The term `Board' means the Recovery
Accountability and Transparency Board established in section
1511./
/ (3) CHAIRPERSON- The term `Chairperson' means the
Chairperson of the Board./
/ (4) COVERED FUNDS- The term `covered funds' means any
funds that are expended or obligated--/
/ (A) from appropriations made under this Act; and/
/ (B) under any other authorities provided under this
Act./
/ (5) PANEL- The term `Panel' means the Recovery Independent
Advisory Panel established in section 1531./
/Subtitle A--Recovery Accountability and Transparency Board/
/SEC. 1511. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD./
/ There is established the Recovery Accountability and
Transparency Board to coordinate and conduct oversight of covered
funds to prevent fraud, waste, and abuse./
/SEC. 1512. COMPOSITION OF BOARD./
/ (a) Chairperson- /
/ (1) DESIGNATION OR APPOINTMENT- The President shall--/
/ (A) designate the Deputy Director for Management of
the Office of Management and Budget to serve as
Chairperson of the Board;/
/ (B) designate another Federal officer who was
appointed by the President to a position that required
the advice and consent of the Senate, to serve as
Chairperson of the Board; or/
/ (C) appoint an individual as the Chairperson of the
Board, by and with the advice and consent of the Senate./
/ (2) COMPENSATION- /
/ (A) DESIGNATION OF FEDERAL OFFICER- If the President
designates a Federal officer under paragraph (1)(A) or
(B) to serve as Chairperson, that Federal officer may
not receive additional compensation for services
performed as Chairperson./
/ (B) APPOINTMENT OF NON-FEDERAL OFFICER- If the
President appoints an individual as Chairperson under
paragraph (1)(C), that individual shall be compensated
at the rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code./
/ (b) Members- The members of the Board shall include--/
/ (1) the Inspectors General of the Departments of
Agriculture, Commerce, Education, Energy, Health and Human
Services, Homeland Security, Justice, Transportation,
Treasury, and the Treasury Inspector General for Tax
Administration; and/
/ (2) any other Inspector General as designated by the
President from any agency that expends or obligates covered
funds./
/SEC. 1513. FUNCTIONS OF THE BOARD./
/ (a) Functions- /
/ (1) IN GENERAL- The Board shall coordinate and conduct
oversight of covered funds in order to prevent fraud, waste,
and abuse./
/ (2) SPECIFIC FUNCTIONS- The functions of the Board shall
include--/
/ (A) reviewing whether the reporting of contracts and
grants using covered funds meets applicable standards
and specifies the purpose of the contract or grant and
measures of performance;/
/ (B) reviewing whether competition requirements
applicable to contracts and grants using covered funds
have been satisfied;/
/ (C) auditing and investigating covered funds to
determine whether wasteful spending, poor contract or
grant management, or other abuses are occurring;/
/ (D) reviewing whether there are sufficient qualified
acquisition and grant personnel overseeing covered funds;/
/ (E) reviewing whether personnel whose duties involve
acquisitions or grants made with covered funds receive
adequate training; and/
/ (F) reviewing whether there are appropriate
mechanisms for interagency collaboration relating to
covered funds./
/ (b) Reports- /
/ (1) QUARTERLY REPORTS- The Board shall submit quarterly
reports to the President and Congress, including the
Committees on Appropriations of the Senate and House of
Representatives, summarizing the findings of the Board and
the findings of inspectors general of agencies. The Board
may submit additional reports as appropriate./
/ (2) ANNUAL REPORTS- The Board shall submit annual reports
to the President and the Committees on Appropriations of the
Senate and House of Representatives, consolidating
applicable quarterly reports on the use of covered funds./
/ (3) PUBLIC AVAILABILITY- /
/ (A) IN GENERAL- All reports submitted under this
subsection shall be made publicly available and posted
on a website established by the Board./
/ (B) REDACTIONS- Any portion of a report submitted
under this subsection may be redacted when made
publicly available, if that portion would disclose
information that is not subject to disclosure under
section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act)./
/ (c) Recommendations- /
/ (1) IN GENERAL- The Board shall make recommendations to
agencies on measures to prevent fraud, waste, and abuse
relating to covered funds./
/ (2) RESPONSIVE REPORTS- Not later than 30 days after
receipt of a recommendation under paragraph (1), an agency
shall submit a report to the President, the congressional
committees of jurisdiction, including the Committees on
Appropriations of the Senate and House of Representatives,
and the Board on--/
/ (A) whether the agency agrees or disagrees with the
recommendations; and/
/ (B) any actions the agency will take to implement
the recommendations./
/SEC. 1514. POWERS OF THE BOARD./
/ (a) In General- The Board shall conduct, supervise, and
coordinate audits and investigations by inspectors general of
agencies relating to covered funds./
/ (b) Audits and Investigations- The Board may--/
/ (1) conduct its own independent audits and investigations
relating to covered funds; and/
/ (2) collaborate on audits and investigations relating to
covered funds with any inspector general of an agency./
/ (c) Authorities- /
/ (1) AUDITS AND INVESTIGATIONS- In conducting audits and
investigations, the Board shall have the authorities
provided under section 6 of the Inspector General Act of
1978 (5 U.S.C. App.)./
/ (2) STANDARDS AND GUIDELINES- The Board shall carry out
the powers under subsections (a) and (b) in accordance with
section 4(b)(1) of the Inspector General Act of 1978 (5
U.S.C. App.)./
/ (d) Public Hearings- The Board may hold public hearings and
Board personnel may conduct investigative depositions. The head of
each agency shall make all officers and employees of that agency
available to provide testimony to the Board and Board personnel.
The Board may issue subpoenas to compel the testimony of persons
who are not Federal officers or employees. Any such subpoenas may
be enforced as provided under section 6 of the Inspector General
Act of 1978 (5 U.S.C. App.)./
/ (e) Contracts- The Board may enter into contracts to enable the
Board to discharge its duties under this subtitle, including
contracts and other arrangements for audits, studies, analyses,
and other services with public agencies and with private persons,
and make such payments as may be necessary to carry out the duties
of the Board./
/ (f) Transfer of Funds- The Board may transfer funds appropriated
to the Board for expenses to support administrative support
services and audits or investigations of covered funds to any
office of inspector general, the Office of Management and Budget,
the General Services Administration, and the Panel./
/SEC. 1515. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES./
/ (a) Employment and Personnel Authorities- /
/ (1) IN GENERAL- /
/ (A) AUTHORITIES- Subject to paragraph (2), the Board
may exercise the authorities of subsections (b)
through (i) of section 3161 of title 5, United States
Code (without regard to subsection (a) of that section)./
/ (B) APPLICATION- For purposes of exercising the
authorities described under subparagraph (A), the term
`Chairperson of the Board' shall be substituted for
the term `head of a temporary organization'./
/ (C) CONSULTATION- In exercising the authorities
described under subparagraph (A), the Chairperson
shall consult with members of the Board./
/ (2) EMPLOYMENT AUTHORITIES- In exercising the employment
authorities under subsection (b) of section 3161 of title 5,
United States Code, as provided under paragraph (1) of this
subsection--/
/ (A) paragraph (2) of subsection (b) of section 3161
of that title (relating to periods of appointments)
shall not apply; and/
/ (B) no period of appointment may exceed the date on
which the Board terminates under section 1521./
/ (b) Information and Assistance- /
/ (1) IN GENERAL- Upon request of the Board for information
or assistance from any agency or other entity of the Federal
Government, the head of such entity shall, insofar as is
practicable and not in contravention of any existing law,
furnish such information or assistance to the Board, or an
authorized designee./
/ (2) REPORT OF REFUSALS- Whenever information or assistance
requested by the Board is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall report
the circumstances to the congressional committees of
jurisdiction, including the Committees on Appropriations of
the Senate and House of Representatives, without delay./
/ (c) Administrative Support- The General Services Administration
shall provide the Board with administrative support services,
including the provision of office space and facilities./
/SEC. 1516. INDEPENDENCE OF INSPECTORS GENERAL./
/ (a) Independent Authority- Nothing in this subtitle shall affect
the independent authority of an inspector general to determine
whether to conduct an audit or investigation of covered funds./
/ (b) Requests by Board- If the Board requests that an inspector
general conduct or refrain from conducting an audit or
investigation and the inspector general rejects the request in
whole or in part, the inspector general shall, not later than 30
days after rejecting the request, submit a report to the Board,
the head of the applicable agency, and the congressional
committees of jurisdiction, including the Committees on
Appropriations of the Senate and House of Representatives. The
report shall state the reasons that the inspector general has
rejected the request in whole or in part./
/SEC. 1517. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE
AUDITORS./
/ The Board shall coordinate its oversight activities with the
Comptroller General of the United States and State auditor generals./
/SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR
WHISTLEBLOWERS./
/ (a) Prohibition of Reprisals- An employee of any non-Federal
employer receiving covered funds may not be discharged, demoted,
or otherwise discriminated against as a reprisal for disclosing to
the Board, an inspector general, the Comptroller General, a member
of Congress, or a the head of a Federal agency, or their
representatives, information that the employee reasonably believes
is evidence of--/
/ (1) gross mismanagement of an agency contract or grant
relating to covered funds;/
/ (2) a gross waste of covered funds;/
/ (3) a substantial and specific danger to public health or
safety; or/
/ (4) a violation of law related to an agency contract
(including the competition for or negotiation of a contract)
or grant, awarded or issued relating to covered funds./
/ (b) Investigation of Complaints- /
/ (1) IN GENERAL- A person who believes that the person has
been subjected to a reprisal prohibited by subsection (a)
may submit a complaint to the appropriate inspector general.
Unless the inspector general determines that the complaint
is frivolous, the inspector general shall investigate the
complaint and, upon completion of such investigation, submit
a report of the findings of the investigation to the person,
the person's employer, the head of the appropriate agency,
and the Board./
/ (2) TIME LIMITATIONS FOR ACTIONS- /
/ (A) IN GENERAL- Except as provided under
subparagraph (B), the inspector general shall make a
determination that a complaint is frivolous or submit
a report under paragraph (1) within 180 days after
receiving the complaint./
/ (B) EXTENSION- If the inspector general is unable to
complete an investigation in time to submit a report
within the 180-day period specified under subparagraph
(A) and the person submitting the complaint agrees to
an extension of time, the inspector general shall
submit a report under paragraph (1) within such
additional period of time as shall be agreed upon
between the inspector general and the person
submitting the complaint./
/ (c) Remedy and Enforcement Authority- /
/ (1) AGENCY ACTION- Not later than 30 days after receiving
an inspector general report under subsection (b), the head
of the agency concerned shall determine whether there is
sufficient basis to conclude that the non-Federal employer
has subjected the complainant to a reprisal prohibited by
subsection (a) and shall either issue an order denying
relief or shall take 1 or more of the following actions:/
/ (A) Order the employer to take affirmative action to
abate the reprisal./
/ (B) Order the employer to reinstate the person to
the position that the person held before the reprisal,
together with the compensation (including back pay),
employment benefits, and other terms and conditions of
employment that would apply to the person in that
position if the reprisal had not been taken./
/ (C) Order the employer to pay the complainant an
amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert
witnesses' fees) that were reasonably incurred by the
complainant for, or in connection with, bringing the
complaint regarding the reprisal, as determined by the
head of the agency./
/ (2) CIVIL ACTION- If the head of an agency issues an order
denying relief under paragraph (1) or has not issued an
order within 210 days after the submission of a complaint
under subsection (b), or in the case of an extension of time
under subsection (b)(2)(B), not later than 30 days after the
expiration of the extension of time, and there is no showing
that such delay is due to the bad faith of the complainant,
the complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint, and
the complainant may bring a de novo action at law or equity
against the employer to seek compensatory damages and other
relief available under this section in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy. Such an action shall, at the request
of either party to the action, be tried by the court with a
jury./
/ (3) EVIDENCE- An inspector general determination and an
agency head order denying relief under paragraph (2) shall
be admissible in evidence in any de novo action at law or
equity brought in accordance with this subsection./
/ (4) JUDICIAL ENFORCEMENT OF ORDER- Whenever a person fails
to comply with an order issued under paragraph (1), the head
of the agency shall file an action for enforcement of such
order in the United States district court for a district in
which the reprisal was found to have occurred. In any action
brought under this paragraph, the court may grant
appropriate relief, including injunctive relief and
compensatory and exemplary damages./
/ (5) JUDICIAL REVIEW- Any person adversely affected or
aggrieved by an order issued under paragraph (1) may obtain
review of the order's conformance with this subsection, and
any regulations issued to carry out this section, in the
United States court of appeals for a circuit in which the
reprisal is alleged in the order to have occurred. No
petition seeking such review may be filed more than 60 days
after issuance of the order by the head of the agency.
Review shall conform to chapter 7 of title 5, United States
Code./
/ (d) Rule of Construction- Nothing in this section may be
construed to authorize the discharge of, demotion of, or
discrimination against an employee for a disclosure other than a
disclosure protected by subsection (a) or to modify or derogate
from a right or remedy otherwise available to the employee./
/SEC. 1519. BOARD WEBSITE./
/ (a) Establishment- The Board shall establish and maintain a
user-friendly, public-facing website to foster greater
accountability and transparency in the use of covered funds./
/ (b) Purpose- The website established and maintained under
subsection (a) shall be a portal or gateway to key information
relating to this Act and provide connections to other Government
websites with related information./
/ (c) Content and Function- In establishing the website
established and maintained under subsection (a), the Board shall
ensure the following:/
/ (1) The website shall provide materials explaining what
this Act means for citizens. The materials shall be easy to
understand and regularly updated./
/ (2) The website shall provide accountability information,
including a database of findings from audits, inspectors
general, and the Government Accountability Office./
/ (3) The website shall provide data on relevant economic,
financial, grant, and contract information in user-friendly
visual presentations to enhance public awareness of the use
of covered funds./
/ (4) The website shall provide detailed data on contracts
awarded by the Government that expend covered funds,
including information about the competitiveness of the
contracting process, notification of solicitations for
contracts to be awarded, and information about the process
that was used for the award of contracts./
/ (5) The website shall include printable reports on covered
funds obligated by month to each State and congressional
district./
/ (6) The website shall provide a means for the public to
give feedback on the performance of contracts that expend
covered funds./
/ (7) The website shall be enhanced and updated as necessary
to carry out the purposes of this subtitle./
/ (d) Waiver- The Board may exclude posting contractual or other
information on the website on a case-by-case basis when necessary
to protect national security./
/SEC. 1520. AUTHORIZATION OF APPROPRIATIONS./
/ There are authorized to be appropriated such sums as necessary
to carry out this subtitle./
/SEC. 1521. TERMINATION OF THE BOARD./
/ The Board shall terminate on September 30, 2012./
/Subtitle B--Recovery Independent Advisory Panel/
/SEC. 1531. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY PANEL./
/ (a) Establishment- There is established the Recovery Independent
Advisory Panel./
/ (b) Membership- The Panel shall be composed of 5 members who
shall be appointed by the President./
/ (c) Qualifications- Members shall be appointed on the basis of
expertise in economics, public finance, contracting, accounting,
or any other relevant field./
/ (d) Initial Meeting- Not later than 30 days after the date on
which all members of the Panel have been appointed, the Panel
shall hold its first meeting./
/ (e) Meetings- The Panel shall meet at the call of the
Chairperson of the Panel./
/ (f) Quorum- A majority of the members of the Panel shall
constitute a quorum, but a lesser number of members may hold
hearings./
/ (g) Chairperson and Vice Chairperson- The Panel shall select a
Chairperson and Vice Chairperson from among its members./
/SEC. 1532. DUTIES OF THE PANEL./
/ The Panel shall make recommendations to the Board on actions the
Board could take to prevent fraud, waste, and abuse relating to
covered funds./
/SEC. 1533. POWERS OF THE PANEL./
/ (a) Hearings- The Panel may hold such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence as the Panel considers advisable to carry out this subtitle./
/ (b) Information From Federal Agencies- The Panel may secure
directly from any agency such information as the Panel considers
necessary to carry out this subtitle. Upon request of the
Chairperson of the Panel, the head of such agency shall furnish
such information to the Panel./
/ (c) Postal Services- The Panel may use the United States mails
in the same manner and under the same conditions as agencies of
the Federal Government./
/ (d) Gifts- The Panel may accept, use, and dispose of gifts or
donations of services or property./
/SEC. 1534. PANEL PERSONNEL MATTERS./
/ (a) Compensation of Members- Each member of the Panel who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Panel. All members
of the Panel who are officers or employees of the United States
shall serve without compensation in addition to that received for
their services as officers or employees of the United States./
/ (b) Travel Expenses- The members of the Panel shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Panel./
/ (c) Staff- /
/ (1) IN GENERAL- The Chairperson of the Panel may, without
regard to the civil service laws and regulations, appoint
and terminate an executive director and such other
additional personnel as may be necessary to enable the Panel
to perform its duties. The employment of an executive
director shall be subject to confirmation by the Panel./
/ (2) COMPENSATION- The Chairperson of the Panel may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title./
/ (3) PERSONNEL AS FEDERAL EMPLOYEES- /
/ (A) IN GENERAL- The executive director and any
personnel of the Panel who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title./
/ (B) MEMBERS OF PANEL- Subparagraph (A) shall not be
construed to apply to members of the Panel./
/ (d) Detail of Government Employees- Any Federal Government
employee may be detailed to the Panel without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege./
/ (e) Procurement of Temporary and Intermittent Services- The
Chairperson of the Panel may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at
rates for individuals which do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title./
/ (f) Administrative Support- The General Services Administration
shall provide the Board with administrative support services,
including the provision of office space and facilities./
/SEC. 1535. TERMINATION OF THE PANEL./
/ The Panel shall terminate on September 30, 2012./
/SEC. 1536. AUTHORIZATION OF APPROPRIATIONS./
/ There are authorized to be appropriated such sums as necessary
to carry out this subtitle./
/Subtitle C--Reports of the Council of Economic Advisers/
/SEC. 1541. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS./
/ (a) In General- In consultation with the Director of the Office
of Management and Budget and the Secretary of the Treasury, the
Chairperson of the Council of Economic Advisers shall submit to
the Committees on Appropriations of the Senate and House of
Representatives quarterly reports based on the reports required
under section 1551 that detail the impact of programs funded
through covered funds on employment, estimated economic growth,
and other key economic indicators./
/ (b) Submission of Reports- /
/ (1) FIRST REPORT- The first report submitted under
subsection (a) shall be submitted not later than 45 days
after the end of the first full quarter following the date
of enactment of this Act./
/ (2) LAST REPORT- The last report required to be submitted
under subsection (a) shall apply to the quarter in which the
Board terminates under section 1521./
/Subtitle D--Reports on Use of Funds/
/SEC. 1551. REPORTS ON USE OF FUNDS./
/ (a) Short Title- This section may be cited as the `Jobs
Accountability Act'./
/ (b) Definitions- In this section:/
/ (1) AGENCY- The term `agency' has the meaning given under
section 551 of title 5, United States Code./
/ (2) RECIPIENT- The term `recipient'--/
/ (A) means any entity that receives recovery funds
(including recovery funds received through grant,
loan, or contract) other than an individual; and/
/ (B) includes a State that receives recovery funds./
/ (3) RECOVERY FUNDS- The term `recovery funds' means any
funds that are made available--/
/ (A) from appropriations made under this Act; and/
/ (B) under any other authorities provided under this
Act./
/ (c) Recipient Reports- Not later than 10 days after the end of
each calendar quarter, each recipient that received recovery funds
from an agency shall submit a report to that agency that contains--/
/ (1) the total amount of recovery funds received from that
agency;/
/ (2) the amount of recovery funds received that were
expended or obligated to projects or activities; and/
/ (3) a detailed list of all projects or activities for
which recovery funds were expended or obligated, including--/
/ (A) the name of the project or activity;/
/ (B) a description of the project or activity;/
/ (C) an evaluation of the completion status of the
project or activity; and/
/ (D) an analysis of the number of jobs created and
the number of jobs retained by the project or activity./
/ (d) Agency Reports- Not later than 30 days after the end of each
calendar quarter, each agency that made recovery funds available
to any recipient shall make the information in reports submitted
under subsection (c) publicly available by posting the information
on a website./
/ (e) Other Reports- The Congressional Budget Office and the
Government Accountability Office shall comment on the information
described in subsection (c)(3)(D) for any reports submitted under
subsection (c). Such comments shall be due within 7 days after
such reports are submitted./
/TITLE XVI--GENERAL PROVISIONS--THIS ACT/
/emergency designation/
/ Sec. 1601. Each amount in this Act is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009./
/availability/
/ Sec. 1602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein./
/relationship to other appropriations/
/ Sec. 1603. Each amount appropriated or made available in this
Act is in addition to amounts otherwise appropriated for the
fiscal year involved. Enactment of this Act shall have no effect
on the availability of amounts under the Continuing Appropriations
Resolution, 2009 (division A of Public Law 110-329)./
/buy american/
/ Sec. 1604. Use of American Iron, Steel, and Manufactured Goods.
(a) None of the funds appropriated or otherwise made available by
this Act may be used for a project for the construction,
alteration, maintenance, or repair of a public building or public
work unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States./
/ (b) Subsection (a) shall not apply in any case in which the head
of the Federal department or agency involved finds that--/
/ (1) applying subsection (a) would be inconsistent with the
public interest;/
/ (2) iron, steel, and the relevant manufactured goods are
not produced in the United States if sufficient and
reasonably available quantities and of a satisfactory
quality; or/
/ (3) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent./
/ (c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a)
based on a finding under subsection (b), the head of the
department or agency shall publish in the Federal Register a
detailed written jurisdiction as to why the provision is being
waived./
/ (d) This section shall be applied in a manner consistent with
United States obligations under international agreements./
/certification/
/ Sec. 1605. With respect to funds in titles I though XVI of this
Act made available to State, or local government agencies, the
Governor, mayor, or other chief executive, as appropriate, shall
certify that the infrastructure investment has received the full
review and vetting required by law and that the chief executive
accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. A State or local agency may
not receive infrastructure investment funding from funds made
available in this Act unless this certification is made./
/economic stabilization contracting/
/ Sec. 1606. Reform of Contracting Procedures Under EESA. Section
107(b) of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5217(b)) is amended by inserting `and individuals with
disabilities and businesses owned by individuals with disabilities
(for purposes of this subsection the term `individual with
disability' has the same meaning as the term `handicapped
individual' as that term is defined in section 3(f) of the Small
Business Act (15 U.S.C. 632(f)),' after `(12 U.S.C. 1441a(r)(4)),'./
/ Sec. 1607. Findings- /
/ (1) The National Environmental Policy Act protects public
health, safety and environmental quality: by ensuring
transparency, accountability and public involvement in
federal actions and in the use of public funds;/
/ (2) When President Nixon signed the National Environmental
Policy Act into law on January 1, 1970, he said that the Act
provided the `direction' for the country to `regain a
productive harmony between man and nature';/
/ (3) The National Environmental Policy Act helps to provide
an orderly process for considering federal actions and
funding decisions and prevents ligation and delay that would
otherwise be inevitable and existed prior to the
establishment of the National Environmental Policy Act./
/ (a) Adequate resources within this bill must be devoted to
ensuring that applicable environmental reviews under the National
Environmental Policy Act are completed on an expeditious basis and
that the shortest existing applicable process under the National
Environmental Policy Act shall be utilized./
/ (b) The President shall report to the Senate Environment and
Public Works Committee and the House Natural Resources Committee
every 90 days following the date of enactment until September 30,
2011 on the status and progress of projects and activities funded
by this Act with respect to compliance with National Environmental
Policy Act requirements and documentation./
/PROHIBITION ON NO-BID CONTRACTS AND EARMARKS/
/ Sec. 1608. (a) Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by this
Act may be used to make any payment in connection with a contract
unless the contract is awarded using competitive procedures in
accordance with the requirements of section 303 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253),
section 2304 of title 10, United States Code, and the Federal
Acquisition Regulation./
/ (b) Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available by this Act may be
awarded by grant or cooperative agreement unless the process used
to award such grant or cooperative agreement uses competitive
procedures to select the grantee or award recipient./
/ Sec. 1609. Limit on Funds./
/ None of the amounts appropriated or otherwise made available by
this Act may be used for any casino or other gambling
establishment, aquarium, zoo, golf course, swimming pool, stadium,
community park, museum, theater, art center, and highway
beautification project./
/Sec. 1610. Hiring American workers in companies receiving TARP
funding./
/ (a) Short Title- This section may be cited as the `Employ
American Workers Act'./
/ (b) Prohibition- /
/ (1) IN GENERAL- Notwithstanding any other provision of
law, it shall be unlawful for any recipient of funding under
title I of the Emergency Economic Stabilization Act of 2008
(Public Law 110-343) or section 13 of the Federal Reserve
Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant
described in section 101(a)(15)(h)(i)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless
the recipient is in compliance with the requirements for an
H-1B dependent employer (as defined in section 212(n)(3) of
such Act (8 U.S.C. 1182(n)(3))), except that the second
sentence of section 212(n)(1)(E)(ii) of such Act shall not
apply./
/ (2) DEFINED TERM- In this subsection, the term `hire'
means to permit a new employee to commence a period of
employment./
/ (c) Sunset Provision- This section shall be effective during the
2-year period beginning on the date of the enactment of this Act./
/DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND
OTHER PROVISIONS/
/TITLE I--TAX PROVISIONS/
/SEC. 1000. SHORT TITLE, ETC./
/ (a) Short Title- This title may be cited as the `American
Recovery and Reinvestment Tax Act of 2009'./
/ (b) Reference- Except as otherwise expressly provided, whenever
in this title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986./
/ (c) Table of Contents- The table of contents for this title is
as follows:/
/TITLE I--TAX PROVISIONS/
/Sec. 1000. Short title, etc./
/Subtitle A--Tax Relief for Individuals and Families/
/PART I--General Tax Relief/
/Sec. 1001. Making work pay credit./
/Sec. 1002. Temporary increase in earned income tax credit./
/Sec. 1003. Temporary increase of refundable portion of
child credit./
/Sec. 1004. American opportunity tax credit./
/Sec. 1005. Computer technology and equipment allowed as a
qualified higher education expense for section 529 accounts
in 2009 and 2010./
/Sec. 1006. Credit for certain home purchases./
/Sec. 1007. Suspension of tax on portion of unemployment
compensation./
/Sec. 1008. Above-the-line deduction for interest on
indebtedness with respect to the purchase of certain motor
vehicles./
/Sec. 1009. Above-the-line deduction for State sales tax and
excise tax on the purchase of certain motor vehicles./
/PART II--Alternative Minimum Tax Relief/
/Sec. 1011. Extension of alternative minimum tax relief for
nonrefundable personal credits./
/Sec. 1012. Extension of increased alternative minimum tax
exemption amount./
/Subtitle B--Energy Incentives/
/PART I--Renewable Energy Incentives/
/Sec. 1101. Extension of credit for electricity produced
from certain renewable resources./
/Sec. 1102. Election of investment credit in lieu of
production credit./
/Sec. 1103. Repeal of certain limitations on credit for
renewable energy property./
/PART II--Increased Allocations of New Clean Renewable Energy
Bonds and Qualified Energy Conservation Bonds/
/Sec. 1111. Increased limitation on issuance of new clean
renewable energy bonds./
/Sec. 1112. Increased limitation on issuance of qualified
energy conservation bonds./
/PART III--Energy Conservation Incentives/
/Sec. 1121. Extension and modification of credit for
nonbusiness energy property./
/Sec. 1122. Modification of credit for residential energy
efficient property./
/Sec. 1123. Temporary increase in credit for alternative
fuel vehicle refueling property./
/PART IV--Energy Research Incentives/
/Sec. 1131. Increased research credit for energy research./
/PART V--Modification of Credit for Carbon Dioxide Sequestration/
/Sec. 1141. Application of monitoring requirements to carbon
dioxide used as a tertiary injectant./
/PART VI--Plug-in Electric Drive Motor Vehicles/
/Sec. 1151. Modification of credit for qualified plug-in
electric motor vehicles./
/Subtitle C--Tax Incentives for Business/
/PART I--Temporary Investment Incentives/
/Sec. 1201. Special allowance for certain property acquired
during 2009./
/Sec. 1202. Temporary increase in limitations on expensing
of certain depreciable business assets./
/PART II--5-Year Carryback of Operating Losses/
/Sec. 1211. 5-year carryback of operating losses./
/Sec. 1212. Exception for TARP recipients./
/PART III--Incentives for New Jobs/
/Sec. 1221. Incentives to hire unemployed veterans and
disconnected youth./
/PART IV--Cancellation of Indebtedness/
/Sec. 1231. Deferral and ratable inclusion of income arising
from indebtedness discharged by the repurchase of a debt
instrument./
/PART V--Qualified Small Business Stock/
/Sec. 1241. Special rules applicable to qualified small
business stock for 2009 and 2010./
/PART VI--Parity for Transportation Fringe Benefits/
/Sec. 1251. Increased exclusion amount for commuter transit
benefits and transit passes./
/PART VII--S Corporations/
/Sec. 1261. Temporary reduction in recognition period for
built-in gains tax./
/PART VIII--Broadband Incentives/
/Sec. 1271. Broadband Internet access tax credit./
/PART IX--Clarification of Regulations Related to Limitations on
Certain Built-in Losses Following an Ownership Change/
/Sec. 1281. Clarification of regulations related to
limitations on certain built-in losses following an
ownership change./
/Subtitle D--Manufacturing Recovery Provisions/
/Sec. 1301. Temporary expansion of availability of
industrial development bonds to facilities manufacturing
intangible property./
/Sec. 1302. Credit for investment in advanced energy
facilities./
/Subtitle E--Economic Recovery Tools/
/Sec. 1401. Recovery zone bonds./
/Sec. 1402. Tribal economic development bonds./
/Sec. 1403. Modifications to new markets tax credit./
/Subtitle F--Infrastructure Financing Tools/
/PART I--Improved Marketability for Tax-Exempt Bonds/
/Sec. 1501. De minimis safe harbor exception for tax-exempt
interest expense of financial institutions./
/Sec. 1502. Modification of small issuer exception to
tax-exempt interest expense allocation rules for financial
institutions./
/Sec. 1503. Temporary modification of alternative minimum
tax limitations on tax-exempt bonds./
/Sec. 1504. Modification to high speed intercity rail
facility bonds./
/PART II--Delay in Application of Withholding Tax on Government
Contractors/
/Sec. 1511. Delay in application of withholding tax on
government contractors./
/PART III--Tax Credit Bonds for Schools/
/Sec. 1521. Qualified school construction bonds./
/Sec. 1522. Extension and expansion of qualified zone
academy bonds./
/PART IV--Build America Bonds/
/Sec. 1531. Build America bonds./
/Subtitle G--Economic Recovery Payments to Certain Individuals/
/Sec. 1601. Economic recovery payment to recipients of
Social Security, supplemental security income, railroad
retirement benefits, and veterans disability compensation or
pension benefits./
/Subtitle H--Trade Adjustment Assistance/
/Sec. 1701. Temporary extension of Trade Adjustment
Assistance program./
/Subtitle I--Prohibition on Collection of Certain Payments Made
Under the Continued Dumping and Subsidy Offset Act of 2000/
/Sec. 1801. Prohibition on collection of certain payments
made under the Continued Dumping and Subsidy Offset Act of
2000./
/Subtitle J--Other Provisions/
/Sec. 1901. Application of certain labor standards to
projects financed with certain tax-favored bonds./
/Sec. 1902. Increase in public debt limit./
/Sec. 1903. Election to accelerate the low-income housing
tax credit./
/Subtitle A--Tax Relief for Individuals and Families/
//PART I--GENERAL TAX RELIEF//
/SEC. 1001. MAKING WORK PAY CREDIT./
/ (a) In General- Subpart C of part IV of subchapter A of chapter
1 is amended by inserting after section 36 the following new section:/
/`SEC. 36A. MAKING WORK PAY CREDIT./
/ `(a) Allowance of Credit- In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the lesser of--/
/ `(1) 6.2 percent of earned income of the taxpayer, or/
/ `(2) $500 ($1,000 in the case of a joint return)./
/ `(b) Limitation Based on Modified Adjusted Gross Income- /
/ `(1) IN GENERAL- The amount allowable as a credit under
subsection (a) (determined without regard to this paragraph
and subsection (c)) for the taxable year shall be reduced
(but not below zero) by 4 percent of so much of the
taxpayer's modified adjusted gross income as exceeds $70,000
($140,000 in the case of a joint return)./
/ `(2) MODIFIED ADJUSTED GROSS INCOME- For purposes of
subparagraph (A), the term `modified adjusted gross income'
means the adjusted gross income of the taxpayer for the
taxable year increased by any amount excluded from gross
income under section 911, 931, or 933./
/ `(c) Reduction for Certain Other Payments- The credit allowed
under subsection (a) for any taxable year shall be reduced by the
amount of any payments received by the taxpayer during such
taxable year under section 1601 of the American Recovery and
Reinvestment Tax Act of 2009./
/ `(d) Definitions- For purposes of this section--/
/ `(1) ELIGIBLE INDIVIDUAL- The term `eligible individual'
means any individual other than--/
/ `(A) any nonresident alien individual,/
/ `(B) any individual with respect to whom a deduction
under section 151 is allowable to another taxpayer for
a taxable year beginning in the calendar year in which
the individual's taxable year begins, and/
/ `(C) an estate or trust./
/Such term shall not include any individual unless the
requirements of section 32(c)(1)(E) are met with respect to
such individual./
/ `(2) EARNED INCOME- The term `earned income' has the
meaning given such term by section 32(c)(2), except that
such term shall not include net earnings from
self-employment which are not taken into account in
computing taxable income. For purposes of the preceding
sentence, any amount excluded from gross income by reason of
section 112 shall be treated as earned income which is taken
into account in computing taxable income for the taxable year./
/ `(e) Termination- This section shall not apply to taxable years
beginning after December 31, 2010.'./
/ (b) Treatment of Possessions- /
/ (1) PAYMENTS TO POSSESSIONS- /
/ (A) MIRROR CODE POSSESSION- The Secretary of the
Treasury shall pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the
amendments made by this section with respect to
taxable years beginning in 2009 and 2010. Such amounts
shall be determined by the Secretary of the Treasury
based on information provided by the government of the
respective possession./
/ (B) OTHER POSSESSIONS- The Secretary of the Treasury
shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being
equal to the aggregate benefits that would have been
provided to residents of such possession by reason of
the amendments made by this section for taxable years
beginning in 2009 and 2010 if a mirror code tax system
had been in effect in such possession. The preceding
sentence shall not apply with respect to any
possession of the United States unless such possession
has a plan, which has been approved by the Secretary
of the Treasury, under which such possession will
promptly distribute such payments to the residents of
such possession./
/ (2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES
INCOME TAXES- No credit shall be allowed against United
States income taxes for any taxable year under section 36A
of the Internal Revenue Code of 1986 (as added by this
section) to any person--/
/ (A) to whom a credit is allowed against taxes
imposed by the possession by reason of the amendments
made by this section for such taxable year, or/
/ (B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year./
/ (3) DEFINITIONS AND SPECIAL RULES- /
/ (A) POSSESSION OF THE UNITED STATES- For purposes of
this subsection, the term `possession of the United
States' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands./
/ (B) MIRROR CODE TAX SYSTEM- For purposes of this
subsection, the term `mirror code tax system' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession
under such system is determined by reference to the
income tax laws of the United States as if such
possession were the United States./
/ (C) TREATMENT OF PAYMENTS- For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from the credit allowed
under section 36A of the Internal Revenue Code of 1986
(as added by this section)./
/ (c) Refunds Disregarded in the Administration of Federal
Programs and Federally Assisted Programs- Any credit or refund
allowed or made to any individual by reason of section 36A of the
Internal Revenue Code of 1986 (as added by this section) or by
reason of subsection (b) of this section shall not be taken into
account as income and shall not be taken into account as resources
for the month of receipt and the following 2 months, for purposes
of determining the eligibility of such individual or any other
individual for benefits or assistance, or the amount or extent of
benefits or assistance, under any Federal program or under any
State or local program financed in whole or in part with Federal
funds./
/ (d) Authority Relating to Clerical Errors- Section 6213(g)(2) is
amended by striking `and' at the end of subparagraph (L)(ii), by
striking the period at the end of subparagraph (M) and inserting
`, and', and by adding at the end the following new subparagraph:/
/ `(N) an omission of the reduction required under
section 36A(c) with respect to the credit allowed
under section 36A or an omission of the correct TIN
required under section 36A(d)(1).'./
/ (e) Conforming Amendments- /
/ (1) Section 6211(b)(4)(A) is amended by inserting `36A,'
after `36,'./
/ (2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting `36A,' after `36,'./
/ (3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 36 the following new item:/
/`Sec. 36A. Making work pay credit.'./
/ (f) Effective Date- This section, and the amendments made by
this section, shall apply to taxable years beginning after
December 31, 2008./
/SEC. 1002. TEMPORARY INCREASE IN EARNED INCOME TAX CREDIT./
/ (a) In General- Subsection (b) of section 32 is amended by
adding at the end the following new paragraph:/
/ `(3) SPECIAL RULES FOR 2009 AND 2010- In the case of any
taxable year beginning in 2009 or 2010--/
/ `(A) INCREASED CREDIT PERCENTAGE FOR 3 OR MORE
QUALIFYING CHILDREN- In the case of a taxpayer with 3
or more qualifying children, the credit percentage is
45 percent./
/ `(B) REDUCTION OF MARRIAGE PENALTY- /
/ `(i) IN GENERAL- The dollar amount in effect
under paragraph (2)(B) shall be $5,000./
/ `(ii) INFLATION ADJUSTMENT- In the case of any
taxable year beginning in 2010, the $5,000
amount in clause (i) shall be increased by an
amount equal to--/
/ `(I) such dollar amount, multiplied by/
/ `(II) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year
begins determined by substituting
`calendar year 2008' for `calendar year
1992' in subparagraph (B) thereof./
/ `(iii) ROUNDING- Subparagraph (A) of
subsection (j)(2) shall apply after taking into
account any increase under clause (ii).'./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1003. TEMPORARY INCREASE OF REFUNDABLE PORTION OF CHILD CREDIT./
/ (a) In General- Paragraph (4) of section 24(d) is amended to
read as follows:/
/ `(4) SPECIAL RULE FOR 2009 AND 2010- Notwithstanding
paragraph (3), in the case of any taxable year beginning in
2009 or 2010, the dollar amount in effect for such taxable
year under paragraph (1)(B)(i) shall be $8,100.'./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1004. AMERICAN OPPORTUNITY TAX CREDIT./
/ (a) In General- Section 25A (relating to Hope scholarship
credit) is amended by redesignating subsection (i) as subsection
(j) and by inserting after subsection (h) the following new
subsection:/
/ `(i) American Opportunity Tax Credit- In the case of any taxable
year beginning in 2009 or 2010--/
/ `(1) INCREASE IN CREDIT- The Hope Scholarship Credit shall
be an amount equal to the sum of--/
/ `(A) 100 percent of so much of the qualified tuition
and related expenses paid by the taxpayer during the
taxable year (for education furnished to the eligible
student during any academic period beginning in such
taxable year) as does not exceed $2,000, plus/
/ `(B) 25 percent of such expenses so paid as exceeds
$2,000 but does not exceed $4,000./
/ `(2) CREDIT ALLOWED FOR FIRST 4 YEARS OF POST-SECONDARY
EDUCATION- Subparagraphs (A) and (C) of subsection (b)(2)
shall be applied by substituting `4' for `2'./
/ `(3) QUALIFIED TUITION AND RELATED EXPENSES TO INCLUDE
REQUIRED COURSE MATERIALS- Subsection (f)(1)(A) shall be
applied by substituting `tuition, fees, and course
materials' for `tuition and fees'./
/ `(4) INCREASE IN AGI LIMITS FOR HOPE SCHOLARSHIP CREDIT-
In lieu of applying subsection (d) with respect to the Hope
Scholarship Credit, such credit (determined without regard
to this paragraph) shall be reduced (but not below zero) by
the amount which bears the same ratio to such credit (as so
determined) as--/
/ `(A) the excess of--/
/ `(i) the taxpayer's modified adjusted gross
income (as defined in subsection (d)(3)) for
such taxable year, over/
/ `(ii) $80,000 ($160,000 in the case of a joint
return), bears to/
/ `(B) $10,000 ($20,000 in the case of a joint return)./
/ `(5) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX- In
the case of a taxable year to which section 26(a)(2) does
not apply, so much of the credit allowed under subsection
(a) as is attributable to the Hope Scholarship Credit shall
not exceed the excess of--/
/ `(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over/
/ `(B) the sum of the credits allowable under this
subpart (other than this subsection and sections 23,
25D, and 30D) and section 27 for the taxable year./
/Any reference in this section or section 24, 25, 26, 25B,
904, or 1400C to a credit allowable under this subsection
shall be treated as a reference to so much of the credit
allowable under subsection (a) as is attributable to the
Hope Scholarship Credit./
/ `(6) PORTION OF CREDIT MADE REFUNDABLE- 30 percent of so
much of the credit allowed under subsection (a) as is
attributable to the Hope Scholarship Credit (determined
after application of paragraph (4) and without regard to
this paragraph and section 26(a)(2) or paragraph (5), as the
case may be) shall be treated as a credit allowable under
subpart C (and not allowed under subsection (a)). The
preceding sentence shall not apply to any taxpayer for any
taxable year if such taxpayer is a child to whom subsection
(g) of section 1 applies for such taxable year./
/ `(7) COORDINATION WITH MIDWESTERN DISASTER AREA BENEFITS-
In the case of a taxpayer with respect to whom section
702(a)(1)(B) of the Heartland Disaster Tax Relief Act of
2008 applies for any taxable year, such taxpayer may elect
to waive the application of this subsection to such taxpayer
for such taxable year.'./
/ (b) Conforming Amendments- /
/ (1) Section 24(b)(3)(B) is amended by inserting `25A(i),'
after `23,'./
/ (2) Section 25(e)(1)(C)(ii) is amended by inserting
`25A(i),' after `24,'./
/ (3) Section 26(a)(1) is amended by inserting `25A(i),'
after `24,'./
/ (4) Section 25B(g)(2) is amended by inserting `25A(i),'
after `23,'./
/ (5) Section 904(i) is amended by inserting `25A(i),' after
`24,'./
/ (6) Section 1400C(d)(2) is amended by inserting `25A(i),'
after `24,'./
/ (7) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting `25A,' before `35'./
/ (c) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/ (d) Application of EGTRRA Sunset- The amendment made by
subsection (b)(1) shall be subject to title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 in the same
manner as the provision of such Act to which such amendment relates./
/ (e) Treasury Studies Regarding Education Incentives- /
/ (1) STUDY REGARDING COORDINATION WITH NON-TAX EDUCATIONAL
INCENTIVES- The Secretary of the Treasury, or the
Secretary's delegate, shall study how to coordinate the
credit allowed under section 25A of the Internal Revenue
Code of 1986 with the Federal Pell Grant program under
section 401 of the Higher Education Act of 1965./
/ (2) STUDY REGARDING IMPOSITION OF COMMUNITY SERVICE
REQUIREMENTS- The Secretary of the Treasury, or the
Secretary's delegate, shall study the feasibility of
requiring students to perform community service as a
condition of taking their tuition and related expenses into
account under section 25A of the Internal Revenue Code of 1986./
/ (3) REPORT- Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's delegate, shall report to Congress on the
results of the studies conducted under this paragraph./
/SEC. 1005. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A
QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS IN
2009 AND 2010./
/ (a) In General- Section 529(e)(3)(A) is amended by striking
`and' at the end of clause (i), by striking the period at the end
of clause (ii), and by adding at the end the following:/
/ `(iii) expenses paid or incurred in 2009 or
2010 for the purchase of any computer technology
or equipment (as defined in section
170(e)(6)(F)(i)) or Internet access and related
services, if such technology, equipment, or
services are to be used by the beneficiary and
the beneficiary's family during any of the years
the beneficiary is enrolled at an eligible
educational institution./
/Clause (iii) shall not include expenses for computer
software designed for sports, games, or hobbies unless
the software is predominantly educational in nature.'./
/ (b) Effective Date- The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2008./
/SEC. 1006. CREDIT FOR CERTAIN HOME PURCHASES./
/ (a) Allowance of Credit- Subpart A of part IV of subchapter A of
chapter 1 is amended by inserting after section 25D the following
new section:/
/`SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES./
/ `(a) Allowance of Credit- /
/ `(1) IN GENERAL- In the case of an individual who is a
purchaser of a principal residence during the taxable year,
there shall be allowed as a credit against the tax imposed
by this chapter an amount equal to 10 percent of the
purchase price of the residence./
/ `(2) DOLLAR LIMITATION- The amount of the credit allowed
under paragraph (1) shall not exceed $15,000./
/ `(3) ALLOCATION OF CREDIT AMOUNT- At the election of the
taxpayer, the amount of the credit allowed under paragraph
(1) (after application of paragraph (2)) may be equally
divided among the 2 taxable years beginning with the taxable
year in which the purchase of the principal residence is made./
/ `(b) Limitations- /
/ `(1) DATE OF PURCHASE- The credit allowed under subsection
(a) shall be allowed only with respect to purchases made--/
/ `(A) after the date of the enactment of the American
Recovery and Reinvestment Tax Act of 2009, and/
/ `(B) on or before the date that is 1 year after such
date of enactment./
/ `(2) LIMITATION BASED ON AMOUNT OF TAX- In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year
shall not exceed the excess of--/
/ `(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over/
/ `(B) the sum of the credits allowable under this
subpart (other than this section) for the taxable year./
/ `(3) ONE-TIME ONLY- /
/ `(A) IN GENERAL- If a credit is allowed under this
section in the case of any individual (and such
individual's spouse, if married) with respect to the
purchase of any principal residence, no credit shall
be allowed under this section in any taxable year with
respect to the purchase of any other principal
residence by such individual or a spouse of such
individual./
/ `(B) JOINT PURCHASE- In the case of a purchase of a
principal residence by 2 or more unmarried individuals
or by 2 married individuals filing separately, no
credit shall be allowed under this section if a credit
under this section has been allowed to any of such
individuals in any taxable year with respect to the
purchase of any other principal residence./
/ `(c) Principal Residence- For purposes of this section, the term
`principal residence' has the same meaning as when used in section
121./
/ `(d) Denial of Double Benefit- No credit shall be allowed under
this section for any purchase for which a credit is allowed under
section 36 or section 1400C./
/ `(e) Special Rules- /
/ `(1) JOINT PURCHASE- /
/ `(A) MARRIED INDIVIDUALS FILING SEPARATELY- In the
case of 2 married individuals filing separately,
subsection (a) shall be applied to each such
individual by substituting `$7,500' for `$15,000' in
subsection (a)(1)./
/ `(B) UNMARRIED INDIVIDUALS- If 2 or more individuals
who are not married purchase a principal residence,
the amount of the credit allowed under subsection (a)
shall be allocated among such individuals in such
manner as the Secretary may prescribe, except that the
total amount of the credits allowed to all such
individuals shall not exceed $15,000./
/ `(2) PURCHASE- In defining the purchase of a principal
residence, rules similar to the rules of paragraphs (2) and
(3) of section 1400C(e) (as in effect on the date of the
enactment of this section) shall apply./
/ `(3) REPORTING REQUIREMENT- Rules similar to the rules of
section 1400C(f) (as so in effect) shall apply./
/ `(f) Recapture of Credit in the Case of Certain Dispositions- /
/ `(1) IN GENERAL- In the event that a taxpayer--/
/ `(A) disposes of the principal residence with
respect to which a credit was allowed under subsection
(a), or/
/ `(B) fails to occupy such residence as the
taxpayer's principal residence,/
/at any time within 24 months after the date on which the
taxpayer purchased such residence, then the tax imposed by
this chapter for the taxable year during which such
disposition occurred or in which the taxpayer failed to
occupy the residence as a principal residence shall be
increased by the amount of such credit./
/ `(2) EXCEPTIONS- /
/ `(A) DEATH OF TAXPAYER- Paragraph (1) shall not
apply to any taxable year ending after the date of the
taxpayer's death./
/ `(B) INVOLUNTARY CONVERSION- Paragraph (1) shall not
apply in the case of a residence which is compulsorily
or involuntarily converted (within the meaning of
section 1033(a)) if the taxpayer acquires a new
principal residence within the 2-year period beginning
on the date of the disposition or cessation referred
to in such paragraph. Paragraph (1) shall apply to
such new principal residence during the remainder of
the 24-month period described in such paragraph as if
such new principal residence were the converted
residence./
/ `(C) TRANSFERS BETWEEN SPOUSES OR INCIDENT TO
DIVORCE- In the case of a transfer of a residence to
which section 1041(a) applies--/
/ `(i) paragraph (1) shall not apply to such
transfer, and/
/ `(ii) in the case of taxable years ending
after such transfer, paragraph (1) shall apply
to the transferee in the same manner as if such
transferee were the transferor (and shall not
apply to the transferor)./
/ `(D) RELOCATION OF MEMBERS OF THE ARMED FORCES-
Paragraph (1) shall not apply in the case of a member
of the Armed Forces of the United States on active
duty who moves pursuant to a military order and
incident to a permanent change of station./
/ `(3) JOINT RETURNS- In the case of a credit allowed under
subsection (a) with respect to a joint return, half of such
credit shall be treated as having been allowed to each
individual filing such return for purposes of this subsection./
/ `(4) RETURN REQUIREMENT- If the tax imposed by this
chapter for the taxable year is increased under this
subsection, the taxpayer shall, notwithstanding section
6012, be required to file a return with respect to the taxes
imposed under this subtitle./
/ `(g) Basis Adjustment- For purposes of this subtitle, if a
credit is allowed under this section with respect to the purchase
of any residence, the basis of such residence shall be reduced by
the amount of the credit so allowed./
/ `(h) Election to Treat Purchase in Prior Year- In the case of a
purchase of a principal residence during the period described in
subsection (b)(1), a taxpayer may elect to treat such purchase as
made on December 31, 2008, for purposes of this section.'./
/ (b) Clerical Amendment- The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting after
the item relating to section 25D the following new item:/
/`Sec. 25E. Credit for certain home purchases.'./
/ (c) Sunset of Current First-Time Homebuyer Credit- /
/ (1) IN GENERAL- Subsection (h) of section 36 is amended by
striking `July 1, 2009' and inserting `the date of the
enactment of the American Recovery and Reinvestment Tax Act
of 2009'./
/ (2) ELECTION TO TREAT PURCHASE IN PRIOR YEAR- Subsection
(g) of section 36 is amended by striking `July 1, 2009' and
inserting `the date of the enactment of the American
Recovery and Reinvestment Tax Act of 2009'./
/ (d) Effective Date- The amendments made by this section shall
apply to purchases after the date of the enactment of this Act./
/SEC. 1007. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT
COMPENSATION./
/ (a) In General- Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at
the end the following new subsection:/
/ `(c) Special Rule for 2009- In the case of any taxable year
beginning in 2009, gross income shall not include so much of the
unemployment compensation received by an individual as does not
exceed $2,400.'./
/ (b) Effective Date- The amendment made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1008. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS
WITH RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES./
/ (a) In General- Paragraph (2) of section 163(h) of the Internal
Revenue Code of 1986 is amended--/
/ (1) by striking `and' at the end of subparagraph (E),/
/ (2) by striking the period at the end of subparagraph (F)
and inserting `, and', and/
/ (3) by adding at the end the following new subparagraph:/
/ `(G) any qualified motor vehicle interest (within
the meaning of paragraph (5)).'./
/ (b) Qualified Motor Vehicle Interest- Section 163(h) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:/
/ `(5) QUALIFIED MOTOR VEHICLE INTEREST- For purposes of
this subsection--/
/ `(A) IN GENERAL- The term `qualified motor vehicle
interest' means any interest which is paid or accrued
during the taxable year on any indebtedness which--/
/ `(i) is incurred after November 12, 2008, and
before January 1, 2010, in acquiring any
qualified motor vehicle of the taxpayer, and/
/ `(ii) is secured by such qualified motor vehicle./
/Such term also includes any indebtedness secured by
such qualified motor vehicle resulting from the
refinancing of indebtedness meeting the requirements
of the preceding sentence (or this sentence); but only
to the extent the amount of the indebtedness resulting
from such refinancing does not exceed the amount of
the refinanced indebtedness./
/ `(B) DOLLAR LIMITATION- The aggregate amount of
indebtedness treated as described in subparagraph (A)
for any period shall not exceed $49,500 ($24,750 in
the case of a separate return by a married individual)./
/ `(C) INCOME LIMITATION- The amount otherwise treated
as interest under subparagraph (A) for any taxable
year (after the application of subparagraph (B)) shall
be reduced (but not below zero) by the amount which
bears the same ratio to the amount which is so treated
as--/
/ `(i) the excess (if any) of--/
/ `(I) the taxpayer's modified adjusted
gross income for such taxable year, over/
/ `(II) $125,000 ($250,000 in the case of
a joint return), bears to/
/ `(ii) $10,000./
/For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933./
/ `(D) QUALIFIED MOTOR VEHICLE- The term `qualified
motor vehicle' means a passenger automobile (within
the meaning of section 30B(h)(3)) or a light truck
(within the meaning of such section)--/
/ `(i) which is acquired for use by the taxpayer
and not for resale after November 12, 2008, and
before January 1, 2010,/
/ `(ii) the original use of which commences with
the taxpayer, and/
/ `(iii) which has a gross vehicle weight rating
of not more than 8,500 pounds.'./
/ (c) Deduction Allowed Above-the-Line- Section 62(a) of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (21) the following new paragraph:/
/ `(22) QUALIFIED MOTOR VEHICLE INTEREST- The deduction
allowed under section 163 by reason of subsection (h)(2)(G)
thereof.'./
/ (d) Reporting of Qualified Motor Vehicle Interest- /
/ (1) IN GENERAL- Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new section:/
/`SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST
RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS./
/ `(a) Qualified Motor Vehicle Interest- Any person--/
/ `(1) who is engaged in a trade or business, and/
/ `(2) who, in the course of such trade or business,
receives from any individual interest aggregating $600 or
more for any calendar year on any indebtedness secured by a
qualified motor vehicle (as defined in section 163(h)(5)(D)),/
/shall make the return described in subsection (b) with respect to
each individual from whom such interest was received at such time
as the Secretary may by regulations prescribe./
/ `(b) Form and Manner of Returns- A return is described in this
subsection if such return--/
/ `(1) is in such form as the Secretary may prescribe,/
/ `(2) contains--/
/ `(A) the name and address of the individual from
whom the interest described in subsection (a)(2) was
received,/
/ `(B) the amount of such interest received for the
calendar year, and/
/ `(C) such other information as the Secretary may
prescribe./
/ `(c) Application to Governmental Units- For purposes of
subsection (a)--/
/ `(1) TREATED AS PERSONS- The term `person' includes any
governmental unit (and any agency or instrumentality thereof)./
/ `(2) SPECIAL RULES- In the case of a governmental unit or
any agency or instrumentality thereof--/
/ `(A) subsection (a) shall be applied without regard
to the trade or business requirement contained
therein, and/
/ `(B) any return required under subsection (a) shall
be made by the officer or employee appropriately
designated for the purpose of making such return./
/ `(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required- Every person required to make a
return under subsection (a) shall furnish to each individual whose
name is required to be set forth in such return a written
statement showing--/
/ `(1) the name, address, and phone number of the
information contact of the person required to make such
return, and/
/ `(2) the aggregate amount of interest described in
subsection (a)(2) received by the person required to make
such return from the individual to whom the statement is
required to be furnished./
/The written statement required under the preceding sentence shall
be furnished on or before January 31 of the year following the
calendar year for which the return under subsection (a) was
required to be made./
/ `(e) Returns Which Would Be Required To Be Made by 2 or More
Persons- Except to the extent provided in regulations prescribed
by the Secretary, in the case of interest received by any person
on behalf of another person, only the person first receiving such
interest shall be required to make the return under subsection (a).'./
/ (2) AMENDMENTS RELATING TO PENALTIES- /
/ (A) Section 6721(e)(2)(A) of such Code is amended by
striking `or 6050L' and inserting `6050L, or 6050X'./
/ (B) Section 6722(c)(1)(A) of such Code is amended by
striking `or 6050L(c)' and inserting `6050L(c), or
6050X(d)'./
/ (C) Subparagraph (B) of section 6724(d)(1) of such
Code is amended by redesignating clauses (xvi) through
(xxii) as clauses (xvii) through (xxiii),
respectively, and by inserting after clause (xii) the
following new clause:/
/ `(xvi) section 6050X (relating to returns
relating to qualified motor vehicle interest
received in trade or business from individuals),'./
/ (D) Paragraph (2) of section 6724(d) of such Code is
amended by striking the period at the end of
subparagraph (DD) and inserting `, or' and by
inserting after subparagraph (DD) the following new
subparagraph:/
/ `(EE) section 6050X(d) (relating to returns relating
to qualified motor vehicle interest received in trade
or business from individuals).'./
/ (3) CLERICAL AMENDMENT- The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section
6050W the following new item:/
/`Sec. 6050X. Returns relating to qualified motor vehicle
interest received in trade or business from individuals.'./
/ (e) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1009. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND
EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR VEHICLES./
/ (a) In General- Subsection (a) of section 164 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (5)
the following new paragraph:/
/ `(6) Qualified motor vehicle taxes.'./
/ (b) Qualified Motor Vehicle Taxes- Subsection (b) of section 164
of the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:/
/ `(6) QUALIFIED MOTOR VEHICLE TAXES- /
/ `(A) IN GENERAL- For purposes of this section, the
term `qualified motor vehicle taxes' means any State
or local sales or excise tax imposed on the purchase
of a qualified motor vehicle (as defined in section
163(h)(5)(D))./
/ `(B) DOLLAR LIMITATION- The amount taken into
account under subparagraph (A) for any taxable year
shall not exceed $49,500 ($24,750 in the case of a
separate return by a married individual)./
/ `(C) INCOME LIMITATION- The amount otherwise taken
into account under subparagraph (A) (after the
application of subparagraph (B)) for any taxable year
shall be reduced (but not below zero) by the amount
which bears the same ratio to the amount which is so
treated as--/
/ `(i) the excess (if any) of--/
/ `(I) the taxpayer's modified adjusted
gross income for such taxable year, over/
/ `(II) $125,000 ($250,000 in the case of
a joint return), bears to/
/ `(ii) $10,000./
/For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933./
/ `(D) QUALIFIED MOTOR VEHICLE TAXES NOT INCLUDED IN
COST OF ACQUIRED PROPERTY- The last sentence of
subsection (a) shall not apply to any qualified motor
vehicle taxes./
/ `(E) COORDINATION WITH GENERAL SALES TAX- This
paragraph shall not apply in the case of a taxpayer
who makes an election under paragraph (5) for the
taxable year.'./
/ (c) Conforming Amendments- Paragraph (5) of section 163(h) of
the Internal Revenue Code of 1986, as added by section 1, is
amended--/
/ (1) by adding at the end the following new subparagraph:/
/ `(E) EXCLUSION- If the indebtedness described in
subparagraph (A) includes the amounts of any State or
local sales or excise taxes paid or accrued by the
taxpayer in connection with the acquisition of a
qualified motor vehicle, the aggregate amount of such
indebtedness taken into account under such
subparagraph shall be reduced, but not below zero, by
the amount of any such taxes for which a deduction is
allowed under section 164(a) by reason of paragraph
(6) thereof.', and/
/ (2) by inserting `, after the application of subparagraph
(E),' after `for any period' in subparagraph (B)./
/ (d) Deduction Allowed Above-the-Line- Section 62(a) of the
Internal Revenue Code of 1986, as amended by section 1, is amended
by inserting after paragraph (22) the following new paragraph:/
/ `(23) QUALIFIED MOTOR VEHICLE TAXES- The deduction allowed
under section 164 by reason of subsection (a)(6) thereof.'./
/ (e) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
//PART II--ALTERNATIVE MINIMUM TAX RELIEF//
/SEC. 1011. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS./
/ (a) In General- Paragraph (2) of section 26(a) (relating to
special rule for taxable years 2000 through 2008) is amended--/
/ (1) by striking `or 2008' and inserting `2008, or 2009', and/
/ (2) by striking `2008' in the heading thereof and
inserting `2009'./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1012. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT./
/ (a) In General- Paragraph (1) of section 55(d) (relating to
exemption amount) is amended--/
/ (1) by striking `($69,950 in the case of taxable years
beginning in 2008)' in subparagraph (A) and inserting
`($70,950 in the case of taxable years beginning in 2009)', and/
/ (2) by striking `($46,200 in the case of taxable years
beginning in 2008)' in subparagraph (B) and inserting
`($46,700 in the case of taxable years beginning in 2009)'./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/Subtitle B--Energy Incentives/
//PART I--RENEWABLE ENERGY INCENTIVES//
/SEC. 1101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES./
/ (a) In General- Subsection (d) of section 45 is amended--/
/ (1) by striking `2010' in paragraph (1) and inserting `2013',/
/ (2) by striking `2011' each place it appears in paragraphs
(2), (3), (4), (6), (7) and (9) and inserting `2014', and/
/ (3) by striking `2012' in paragraph (11)(B) and inserting
`2014'./
/ (b) Technical Amendment- Paragraph (5) of section 45(d) is
amended by striking `and before' and all that follows and
inserting ` and before October 3, 2008.'./
/ (c) Effective Date- /
/ (1) IN GENERAL- The amendments made by subsection (a)
shall apply to property placed in service after the date of
the enactment of this Act./
/ (2) TECHNICAL AMENDMENT- The amendment made by subsection
(b) shall take effect as if included in section 102 of the
Energy Improvement and Extension Act of 2008./
/SEC. 1102. ELECTION OF INVESTMENT CREDIT IN LIEU OF PRODUCTION
CREDIT./
/ (a) In General- Subsection (a) of section 48 is amended by
adding at the end the following new paragraph:/
/ `(5) ELECTION TO TREAT QUALIFIED FACILITIES AS ENERGY
PROPERTY- /
/ `(A) IN GENERAL- In the case of any qualified
investment credit facility--/
/ `(i) such facility shall be treated as energy
property for purposes of this section, and/
/ `(ii) the energy percentage with respect to
such property shall be 30 percent./
/ `(B) DENIAL OF PRODUCTION CREDIT- No credit shall be
allowed under section 45 for any taxable year with
respect to any qualified investment credit facility./
/ `(C) QUALIFIED INVESTMENT CREDIT FACILITY- For
purposes of this paragraph, the term `qualified
investment credit facility' means any of the following
facilities if no credit has been allowed under section
45 with respect to such facility and the taxpayer
makes an irrevocable election to have this paragraph
apply to such facility:/
/ `(i) WIND FACILITIES- Any facility described
in paragraph (1) of section 45(d) if such
facility is placed in service in 2009, 2010,
2011, or 2012./
/ `(ii) OTHER FACILITIES- Any facility described
in paragraph (2), (3), (4), (6), (7), (9), or
(11) of section 45(d) if such facility is placed
in service in 2009, 2010, 2011, 2012, or 2013.'./
/ (b) Effective Date- The amendments made by this section shall
apply to facilities placed in service after December 31, 2008./
/SEC. 1103. REPEAL OF CERTAIN LIMITATIONS ON CREDIT FOR RENEWABLE
ENERGY PROPERTY./
/ (a) Repeal of Limitation on Credit for Qualified Small Wind
Energy Property- Paragraph (4) of section 48(c) is amended by
striking subparagraph (B) and by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C)./
/ (b) Repeal of Limitation on Property Financed by Subsidized
Energy Financing- /
/ (1) IN GENERAL- Section 48(a)(4) is amended by adding at
the end the following new subparagraph:/
/ `(D) TERMINATION- This paragraph shall not apply to
periods after December 31, 2008, under rules similar
to the rules of section 48(m) (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990).'./
/ (2) CONFORMING AMENDMENTS- /
/ (A) Section 25C(e)(1) is amended by striking `(8),
and (9)' and inserting `and (8)'./
/ (B) Section 25D(e) is amended by striking paragraph
(9)./
/ (C) Section 48A(b)(2) is amended by inserting
`(without regard to subparagraph (D) thereof)' after
`section 48(a)(4)'./
/ (D) Section 48B(b)(2) is amended by inserting
`(without regard to subparagraph (D) thereof)' after
`section 48(a)(4)'./
/ (c) Effective Date- /
/ (1) IN GENERAL- Except as provided in paragraph (2), the
amendment made by this section shall apply to periods after
December 31, 2008, under rules similar to the rules of
section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990)./
/ (2) CONFORMING AMENDMENTS- The amendments made by
subsection (b)(2) shall apply to taxable years beginning
after December 31, 2008./
//PART II--INCREASED ALLOCATIONS OF NEW CLEAN RENEWABLE ENERGY BONDS
AND QUALIFIED ENERGY CONSERVATION BONDS//
/SEC. 1111. INCREASED LIMITATION ON ISSUANCE OF NEW CLEAN
RENEWABLE ENERGY BONDS./
/ Subsection (c) of section 54C is amended by adding at the end
the following new paragraph:/
/ `(4) ADDITIONAL LIMITATION- The national new clean
renewable energy bond limitation shall be increased by
$1,600,000,000. Such increase shall be allocated by the
Secretary consistent with the rules of paragraphs (2) and
(3).'./
/SEC. 1112. INCREASED LIMITATION ON ISSUANCE OF QUALIFIED ENERGY
CONSERVATION BONDS./
/ (a) In General- Section 54D(d) is amended by striking
`800,000,000' and inserting `$3,200,000,000'./
/ (b) Clarification With Respect to Green Community Programs-
Clause (ii) of section 54D(f)(1)(A) is amended by inserting
`(including the use of loans, grants, or other repayment
mechanisms to implement such programs)' after `green community
programs'./
//PART III--ENERGY CONSERVATION INCENTIVES//
/SEC. 1121. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS
ENERGY PROPERTY./
/ (a) In General- Section 25C is amended by striking subsections
(a) and (b) and inserting the following new subsections:/
/ `(a) Allowance of Credit- In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 30 percent of the
sum of--/
/ `(1) the amount paid or incurred by the taxpayer during
such taxable year for qualified energy efficiency
improvements, and/
/ `(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year./
/ `(b) Limitation- The aggregate amount of the credits allowed
under this section for taxable years beginning in 2009 and 2010
with respect to any taxpayer shall not exceed $1,500.'./
/ (b) Modifications of Standards for Energy-Efficient Building
Property- /
/ (1) ELECTRIC HEAT PUMPS- Subparagraph (B) of section
25C(d)(3) is amended to read as follows:/
/ `(B) an electric heat pump which achieves the
highest efficiency tier established by the Consortium
for Energy Efficiency, as in effect on January 1, 2009.'./
/ (2) CENTRAL AIR CONDITIONERS- Subparagraph (C) of section
25C(d)(3) is amended by striking `2006' and inserting `2009'./
/ (3) WATER HEATERS- Subparagraph (D) of section 25C(d)(3)
is amended to read as follows:/
/ `(E) a natural gas, propane, or oil water heater
which has either an energy factor of at least 0.82 or
a thermal efficiency of at least 90 percent.'./
/ (4) WOOD STOVES- Subparagraph (E) of section 25C(d)(3) is
amended by inserting `, as measured using a lower heating
value' after `75 percent'./
/ (c) Modifications of Standards for Oil Furnaces and Hot Water
Boilers- /
/ (1) IN GENERAL- Paragraph (4) of section 25C(d) is amended
to read as follows:/
/ `(4) QUALIFIED NATURAL GAS, PROPANE, AND OIL FURNACES AND
HOT WATER BOILERS- /
/ `(A) QUALIFIED NATURAL GAS FURNACE- The term
`qualified natural gas furnace' means any natural gas
furnace which achieves an annual fuel utilization
efficiency rate of not less than 95./
/ `(B) QUALIFIED NATURAL GAS HOT WATER BOILER- The
term `qualified natural gas hot water boiler' means
any natural gas hot water boiler which achieves an
annual fuel utilization efficiency rate of not less
than 90./
/ `(C) QUALIFIED PROPANE FURNACE- The term `qualified
propane furnace' means any propane furnace which
achieves an annual fuel utilization efficiency rate of
not less than 95./
/ `(D) QUALIFIED PROPANE HOT WATER BOILER- The term
`qualified propane hot water boiler' means any propane
hot water boiler which achieves an annual fuel
utilization efficiency rate of not less than 90./
/ `(E) QUALIFIED OIL FURNACES- The term `qualified oil
furnace' means any oil furnace which achieves an
annual fuel utilization efficiency rate of not less
than 90./
/ `(F) QUALIFIED OIL HOT WATER BOILER- The term
`qualified oil hot water boiler' means any oil hot
water boiler which achieves an annual fuel utilization
efficiency rate of not less than 90.'./
/ (2) CONFORMING AMENDMENT- Clause (ii) of section
25C(d)(2)(A) is amended to read as follows:/
/ `(ii) any qualified natural gas furnace,
qualified propane furnace, qualified oil
furnace, qualified natural gas hot water boiler,
qualified propane hot water boiler, or qualified
oil hot water boiler, or'./
/ (d) Modifications of Standards for Qualified Energy Efficiency
Improvements- /
/ (1) QUALIFICATIONS FOR EXTERIOR WINDOWS, DOORS, AND
SKYLIGHTS- Subsection (c) of section 25C is amended by
adding at the end the following new paragraph:/
/ `(4) QUALIFICATIONS FOR EXTERIOR WINDOWS, DOORS, AND
SKYLIGHTS- Such term shall not include any component
described in subparagraph (B) or (C) of paragraph (2) unless
such component is equal to or below a U factor of 0.30 and
SHGC of 0.30.'./
/ (2) ADDITIONAL QUALIFICATION FOR INSULATION- Subparagraph
(A) of section 25C(c)(2) is amended by inserting `and meets
the prescriptive criteria for such material or system
established by the 2009 International Energy Conservation
Code, as such Code (including supplements) is in effect on
the date of the enactment of the American Recovery and
Reinvestment Tax Act of 2009' after `such dwelling unit'./
/ (e) Extension- Section 25C(g)(2) is amended by striking
`December 31, 2009' and inserting `December 31, 2010'./
/ (f) Effective Dates- /
/ (1) IN GENERAL- Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2008./
/ (2) EFFICIENCY STANDARDS- The amendments made by
paragraphs (1), (2), and (3) of subsection (b) and
subsections (c) and (d) shall apply to property placed in
service after December 31, 2009./
/SEC. 1122. MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY
EFFICIENT PROPERTY./
/ (a) Removal of Credit Limitation for Property Placed in Service- /
/ (1) IN GENERAL- Paragraph (1) of section 25D(b) is amended
to read as follows:/
/ `(1) MAXIMUM CREDIT FOR FUEL CELLS- In the case of any
qualified fuel cell property expenditure, the credit allowed
under subsection (a) (determined without regard to
subsection (c)) for any taxable year shall not exceed $500
with respect to each half kilowatt of capacity of the
qualified fuel cell property (as defined in section
48(c)(1)) to which such expenditure relates.'./
/ (2) CONFORMING AMENDMENT- Paragraph (4) of section 25D(e)
is amended--/
/ (A) by striking all that precedes subparagraph (B)
and inserting the following:/
/ `(4) FUEL CELL EXPENDITURE LIMITATIONS IN CASE OF JOINT
OCCUPANCY- In the case of any dwelling unit with respect to
which qualified fuel cell property expenditures are made and
which is jointly occupied and used during any calendar year
as a residence by two or more individuals the following
rules shall apply:/
/ `(A) MAXIMUM EXPENDITURES FOR FUEL CELLS- The
maximum amount of such expenditures which may be taken
into account under subsection (a) by all such
individuals with respect to such dwelling unit during
such calendar year shall be $1,667 in the case of each
half kilowatt of capacity of qualified fuel cell
property (as defined in section 48(c)(1)) with respect
to which such expenditures relate.', and/
/ (B) by striking subparagraph (C)./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1123. TEMPORARY INCREASE IN CREDIT FOR ALTERNATIVE FUEL
VEHICLE REFUELING PROPERTY./
/ (a) In General- Section 30C(e) is amended by adding at the end
the following new paragraph:/
/ `(6) SPECIAL RULE FOR PROPERTY PLACED IN SERVICE DURING
2009 AND 2010- In the case of property placed in service in
taxable years beginning after December 31, 2008, and before
January 1, 2011--/
/ `(A) in the case of any such property which does not
relate to hydrogen--/
/ `(i) subsection (a) shall be applied by
substituting `50 percent' for `30 percent',/
/ `(ii) subsection (b)(1) shall be applied by
substituting `$50,000' for `$30,000', and/
/ `(iii) subsection (b)(2) shall be applied by
substituting `$2,000' for `$1,000', and/
/ `(B) in the case of any such property which relates
to hydrogen, subsection (b)(1) shall be applied by
substituting `$200,000' for `$30,000'.'./
/ (b) Ensuring Consumer Accessibility to Alternative Fuel Vehicle
Refueling Property in the Case of Electricity- Section 179(d)(3)
is amended by striking subparagraph (B) and inserting the following:/
/ `(B) for the recharging of motor vehicles propelled
by electricity, but only if--/
/ `(i) the property complies with the Society of
Automotive Engineers' connection standards,/
/ `(ii) the property provides for
non-restrictive access for charging and for
payment interoperability with other systems, and/
/ `(iii) the property--/
/ `(I) is located on property owned by the
taxpayer, or/
/ `(II) is located on property owned by
another person, is placed in service with
the permission of such other person, and
is fully maintained by the taxpayer.'./
/ (c) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
/SEC. 1124. RECOVERY PERIOD FOR DEPRECIATION OF SMART METERS./
/ (a) Temporary 5-Year Recovery Period- /
/ (1) IN GENERAL- Subparagraph (B) of section 168(e)(3) is
amended by striking `and' at the end of clause (vi), by
striking the period at the end of clause (vii) and inserting
`, and', and by adding at the end the following new clause:/
/ `(viii) any qualified smart electric meter
which is placed in service before January 1,
2011.'./
/ (2) CONFORMING AMENDMENT- Clause (iii) of section
168(e)(3)(D) is amended by inserting `which is placed in
service after December 31, 2010' after `electric meter'./
/ (b) Technical Amendments- Paragraphs (18)(A)(ii) and (19)(A)(ii)
of section 168(i) are each amended by striking `16 years' and
inserting `10 years'./
/ (c) Effective Dates- /
/ (1) IN GENERAL- Except as provided in paragraph (2), the
amendments made by this section shall apply to property
placed in service after the date of the enactment of this Act./
/ (2) TECHNICAL AMENDMENT- The amendments made by subsection
(b) shall take effect as if included in section 306 of the
Energy Improvement and Extension Act of 2008./
//PART IV--ENERGY RESEARCH INCENTIVES//
/SEC. 1131. INCREASED RESEARCH CREDIT FOR ENERGY RESEARCH./
/ (a) In General- Section 41 is amended by redesignating
subsection (h) as subsection (i) and by inserting after subsection
(g) the following new subsection:/
/ `(h) Energy Research Credit- In the case of any taxable year
beginning in 2009 or 2010--/
/ `(1) IN GENERAL- The credit determined under subsection
(a)(1) shall be increased by 20 percent of the qualified
energy research expenses for the taxable year./
/ `(2) QUALIFIED ENERGY RESEARCH EXPENSES- For purposes of
this subsection--/
/ `(A) IN GENERAL- The term `qualified energy research
expenses' means so much of the taxpayer's qualified
research expenses as are related to the fields of fuel
cells and battery technology, renewable energy and
renewable fuels, energy conservation technology,
efficient transmission and distribution of
electricity, and carbon capture and sequestration./
/ `(B) COORDINATION WITH QUALIFYING ADVANCED ENERGY
PROJECT CREDIT- Such term shall not include
expenditures taken into account in determining the
amount of the credit under section 48 or 48C./
/ `(3) COORDINATION WITH OTHER RESEARCH CREDITS- /
/ `(A) IN GENERAL- The amount of qualified energy
research expenses taken into account under subsection
(a)(1)(A) shall not exceed the base amount./
/ `(B) ALTERNATIVE SIMPLIFIED CREDIT- For purposes of
subsection (c)(5), the amount of qualified energy
research expenses taken into account for the taxable
year for which the credit is being determined shall
not exceed--/
/ `(i) in the case of subsection (c)(5)(A), 50
percent of the average qualified research
expenses for the 3 taxable years preceding the
taxable year for which the credit is being
determined, and/
/ `(ii) in the case of subsection (c)(5)(B)(ii),
zero./
/ `(C) BASIC RESEARCH AND ENERGY RESEARCH CONSORTIUM
PAYMENTS- Any amount taken into account under
paragraph (1) shall not be taken into account under
paragraph (2) or (3) of subsection (a).'./
/ (b) Conforming Amendment- Subparagraph (B) of section
41(i)(1)(B), as redesignated by subsection (a), is amended by
inserting `(in the case of the increase in the credit determined
under subsection (h), December 31, 2010)' after `December 31, 2009'./
/ (c) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
//PART V--MODIFICATION OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION//
/SEC. 1141. APPLICATION OF MONITORING REQUIREMENTS TO CARBON
DIOXIDE USED AS A TERTIARY INJECTANT./
/ (a) In General- Section 45Q(a)(2) is amended by striking `and'
at the end of subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting `, and', and by adding at the
end the following new subparagraph:/
/ `(C) disposed of by the taxpayer in secure
geological storage.'./
/ (b) Conforming Amendments- /
/ (1) Section 45Q(d)(2) is amended--/
/ (A) by striking `subsection (a)(1)(B)' and inserting
`paragraph (1)(B) or (2)(C) of subsection (a)',/
/ (B) by striking `and unminable coal seems' and
inserting `, oil and gas reservoirs, and unminable
coal seams', and/
/ (C) by inserting `the Secretary of Energy, and the
Secretary of the Interior,' after `Environmental
Protection Agency'./
/ (2) Section 45Q(e) is amended by striking `captured and
disposed of or used as a tertiary injectant' and inserting
`taken into account in accordance with subsection (a)'./
/ (c) Effective Date- The amendments made by this section shall
apply to carbon dioxide captured after the date of the enactment
of this Act./
//PART VI--PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES//
/SEC. 1151. MODIFICATION OF CREDIT FOR QUALIFIED PLUG-IN ELECTRIC
MOTOR VEHICLES./
/ (a) Increase in Vehicles Eligible for Credit- Section
30D(b)(2)(B) is amended by striking `250,000' and inserting
`500,000'./
/ (b) Exclusion of Neighborhood Electric Vehicles From Existing
Credit- Section 30D(e)(1) is amended to read as follows:/
/ `(1) MOTOR VEHICLE- The term `motor vehicle' means a motor
vehicle (as defined in section 30(c)(2)), which is treated
as a motor vehicle for purposes of title II of the Clean Air
Act.'./
/ (c) Credit for Certain Other Vehicles- Section 30D is amended--/
/ (1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively, and/
/ (2) by inserting after subsection (e) the following new
subsection:/
/ `(f) Credit for Certain Other Vehicles- For purposes of this
section--/
/ `(1) IN GENERAL- In the case of a specified vehicle, this
section shall be applied with the following modifications:/
/ `(A) For purposes of subsection (a)(1), in lieu of
the applicable amount determined under subsection
(a)(2), the applicable amount shall be 10 percent of
so much of the cost of the specified vehicle as does
not exceed $40,000./
/ `(B) Subsection (b) shall not apply and no specified
vehicle shall be taken into account under subsection
(b)(2)./
/ `(C) In the case of a specified vehicle which is a
2-or 3-wheeled motor vehicle, subsection (c)(1) shall
be applied by substituting `2.5 kilowatt hours' for `4
kilowatt hours'./
/ `(D) In the case of a specified vehicle which is a
low-speed motor vehicle, subsection (c)(3) shall not
apply./
/ `(2) SPECIFIED VEHICLE- For purposes of this subsection--/
/ `(A) IN GENERAL- The term `specified vehicle' means--/
/ `(i) any 2- or 3- wheeled motor vehicle, or/
/ `(ii) any low-speed motor vehicle,/
/which is placed in service after December 31, 2009,
and before January 1, 2012./
/ `(B) 2- OR 3-WHEELED MOTOR VEHICLE- The term `2- or
3-wheeled motor vehicle' means any vehicle--/
/ `(i) which would be described in section
30(c)(2) except that it has 2 or 3 wheels,/
/ `(ii) with motive power having a seat or
saddle for the use of the rider and designed to
travel on not more than 3 wheels in contact with
the ground,/
/ `(iii) which has an electric motor that
produces in excess of 5-brake horsepower,/
/ `(iv) which draws propulsion from 1 or more
traction batteries, and/
/ `(v) which has been certified to the
Department of Transportation pursuant to section
567 of title 49, Code of Federal Regulations, as
conforming to all applicable Federal motor
vehicle safety standards in effect on the date
of the manufacture of the vehicle./
/ `(C) LOW-SPEED MOTOR VEHICLE- The term `low-speed
motor vehicle' means a motor vehicle (as defined in
section 30(c)(2)) which--/
/ `(i) is placed in service after December 31,
2009, and/
/ `(ii) meets the requirements of section
571.500 of title 49, Code of Federal Regulations.'./
/ (d) Effective Dates- /
/ (1) IN GENERAL- The amendment made by subsections (a) and
(c) shall take effect on the date of the enactment of this Act./
/ (2) OTHER MODIFICATIONS- The amendments made by subsection
(b) shall apply to property placed in service after December
31, 2009, in taxable years beginning after such date./
/SEC. 1152. CONVERSION KITS./
/ (a) In General- Section 30B (relating to alternative motor
vehicle credit) is amended by redesignating subsections (i) and
(j) as subsections (j) and (k), respectively, and by inserting
after subsection (h) the following new subsection:/
/ `(i) Plug-In Conversion Credit- /
/ `(1) IN GENERAL- For purposes of subsection (a), the
plug-in conversion credit determined under this subsection
with respect to any motor vehicle which is converted to a
qualified plug-in electric drive motor vehicle is 10 percent
of so much of the cost of the converting such vehicle as
does not exceed $40,000./
/ `(2) DEFINITIONS AND SPECIAL RULES- For purposes of this
subsection--/
/ `(A) QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE-
The term `qualified plug-in electric drive motor
vehicle' means any new qualified plug-in electric
drive motor vehicle (as defined in section 30D(c),
determined without regard to paragraphs (4) and (6)
thereof)./
/ `(B) PLUG-IN TRACTION BATTERY MODULE- The term
`plug-in traction battery module' means an
electro-chemical energy storage device which--/
/ `(i) which has a traction battery capacity of
not less than 2.5 kilowatt hours,/
/ `(ii) which is equipped with an electrical
plug by means of which it can be energized and
recharged when plugged into an external source
of electric power,/
/ `(iii) which consists of a standardized
configuration and is mass produced,/
/ `(iv) which has been tested and approved by
the National Highway Transportation Safety
Administration as compliant with applicable
motor vehicle and motor vehicle equipment safety
standards when installed by a mechanic with
standardized training in protocols established
by the battery manufacturer as part of a
nationwide distribution program,/
/ `(v) which complies with the requirements of
section 32918 of title 49, United States Code, and/
/ `(vi) which is certified by a battery
manufacturer as meeting the requirements of
clauses (i) through (v)./
/ `(C) CREDIT ALLOWED TO LESSOR OF BATTERY MODULE- In
the case of a plug-in traction battery module which is
leased to the taxpayer, the credit allowed under this
subsection shall be allowed to the lessor of the
plug-in traction battery module./
/ `(D) CREDIT ALLOWED IN ADDITION TO OTHER CREDITS-
The credit allowed under this subsection shall be
allowed with respect to a motor vehicle
notwithstanding whether a credit has been allowed with
respect to such motor vehicle under this section
(other than this subsection) in any preceding taxable
year./
/ `(3) TERMINATION- This subsection shall not apply to
conversions made after December 31, 2012.'./
/ (b) Credit Treated as Part of Alternative Motor Vehicle Credit-
Section 30B(a) is amended by striking `and' at the end of
paragraph (3), by striking the period at the end of paragraph (4)
and inserting `, and', and by adding at the end the following new
paragraph:/
/ `(5) the plug-in conversion credit determined under
subsection (i).'./
/ (c) No Recapture for Vehicles Converted to Qualified Plug-in
Electric Drive Motor Vehicles- Paragraph (8) of section 30B(h) is
amended by adding at the end the following: `, except that no
benefit shall be recaptured if such property ceases to be eligible
for such credit by reason of conversion to a qualified plug-in
electric drive motor vehicle.'./
/ (d) Effective Date- The amendments made by this section shall
apply to property placed in service after December 31, 2008, in
taxable years beginning after such date./
/Subtitle C--Tax Incentives for Business/
//PART I--TEMPORARY INVESTMENT INCENTIVES//
/SEC. 1201. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING
2009./
/ (a) Extension of Special Allowance- /
/ (1) IN GENERAL- Paragraph (2) of section 168(k) is amended--/
/ (A) by striking `January 1, 2010' and inserting
`January 1, 2011', and/
/ (B) by striking `January 1, 2009' each place it
appears and inserting `January 1, 2010'./
/ (2) CONFORMING AMENDMENTS- /
/ (A) The heading for subsection (k) of section 168 is
amended by striking `January 1, 2009' and inserting
`January 1, 2010'./
/ (B) The heading for clause (ii) of section
168(k)(2)(B) is amended by striking `PRE-JANUARY 1,
2009' and inserting `PRE-JANUARY 1, 2010'./
/ (C) Subparagraph (B) of section 168(l)(5) is amended
by striking `January 1, 2009' and inserting `January
1, 2010'./
/ (D) Subparagraph (C) of section 168(n)(2) is amended
by striking `January 1, 2009' and inserting `January
1, 2010'./
/ (E) Subparagraph (B) of section 1400N(d)(3) is
amended by striking `January 1, 2009' and inserting
`January 1, 2010'./
/ (3) TECHNICAL AMENDMENT- Subparagraph (D) of section
168(k)(4) is amended--/
/ (A) by striking `and' at the end of clause (i),/
/ (B) by redesignating clause (ii) as clause (iii), and/
/ (C) by inserting after clause (i) the following new
clause:/
/ `(ii) `April 1, 2008' shall be substituted for
`January 1, 2008' in subparagraph (A)(iii)(I)
thereof, and'./
/ (b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation- Section 168(k)(4) (relating
to election to accelerate the AMT and research credits in lieu of
bonus depreciation) is amended--/
/ (1) by striking `2009' and inserting `2010'in subparagraph
(D)(iii) (as redesignated by subsection (a)(3)), and/
/ (2) by adding at the end the following new subparagraph:/
/ `(H) SPECIAL RULES FOR EXTENSION PROPERTY- /
/ `(i) TAXPAYERS PREVIOUSLY ELECTING
ACCELERATION- In the case of a taxpayer who made
the election under subparagraph (A) for its
first taxable year ending after March 31, 2008--/
/ `(I) the taxpayer may elect not to have
this paragraph apply to extension
property, but/
/ `(II) if the taxpayer does not make the
election under subclause (I), in applying
this paragraph to the taxpayer a separate
bonus depreciation amount, maximum amount,
and maximum increase amount shall be
computed and applied to eligible qualified
property which is extension property and
to eligible qualified property which is
not extension property./
/ `(ii) TAXPAYERS NOT PREVIOUSLY ELECTING
ACCELERATION- In the case of a taxpayer who did
not make the election under subparagraph (A) for
its first taxable year ending after March 31,
2008--/
/ `(I) the taxpayer may elect to have this
paragraph apply to its first taxable year
ending after December 31, 2008, and each
subsequent taxable year, and/
/ `(II) if the taxpayer makes the election
under subclause (I), this paragraph shall
only apply to eligible qualified property
which is extension property./
/ `(iii) EXTENSION PROPERTY- For purposes of
this subparagraph, the term `extension property'
means property which is eligible qualified
property solely by reason of the extension of
the application of the special allowance under
paragraph (1) pursuant to the amendments made by
section 1201(a) of the American Recovery and
Reinvestment Tax Act of 2009 (and the
application of such extension to this paragraph
pursuant to the amendment made by section
1201(b)(1) of such Act).'./
/ (c) Effective Dates- /
/ (1) IN GENERAL- Except as provided in paragraph (2), the
amendments made by this section shall apply to property
placed in service after December 31, 2008, in taxable years
ending after such date./
/ (2) TECHNICAL AMENDMENT- The amendments made by subsection
(a)(3) shall apply to taxable years ending after March 31,
2008./
/SEC. 1202. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF
CERTAIN DEPRECIABLE BUSINESS ASSETS./
/ (a) In General- Paragraph (7) of section 179(b) is amended--/
/ (1) by striking `2008' and inserting `2008, or 2009', and/
/ (2) by striking `2008' in the heading thereof and
inserting `2008, AND 2009'./
/ (b) Effective Date- The amendments made by this section shall
apply to taxable years beginning after December 31, 2008./
//PART II--5-YEAR CARRYBACK OF OPERATING LOSSES//
/SEC. 1211. 5-YEAR CARRYBACK OF OPERATING LOSSES./
/ (a) In General- Subparagraph (H) of section 172(b)(1) is amended
to read as follows:/
/ `(H) CARRYBACK FOR 2008 AND 2009 NET OPERATING LOSSES- /
/ `(i) IN GENERAL- In the case of an applicable
2008 or 2009 net operating loss with respect to
which the taxpayer has elected the application
of this subparagraph--/
/ `(I) subparagraph (A)(i) shall be
applied by substituting any whole number
elected by the taxpayer which is more than
2 and less than 6 for `2',/
/ `(II) subparagraph (E)(ii) shall be
applied by substituting the whole number
which is one less than the whole number
substituted under subclause (II) for `2', and/
/ `(III) subparagraph (F) shall not apply./
/ `(ii) APPLICABLE 2008 OR 2009 NET OPERATING
LOSS- For purposes of this subparagraph, the
term `applicable 2008 or 2009 net operating
loss' means--/
/ `(I) the taxpayer's net operating loss
for any taxable year ending in 2008 or
2009, or/
/ `(II) if the taxpayer elects to have
this subclause apply in lieu of subclause
(I), the taxpayer's net operating loss for
any taxable year beginning in 2008 or 2009./
/ `(iii) ELECTION- Any election under this
subparagraph shall be made in such manner as may
be prescribed by the Secretary, and shall be
made by the due date (including extension of
time) for filing the taxpayer's return for the
taxable year of the net operating loss. Any such
election, once made, shall be irrevocable./
/ `(iv) COORDINATION WITH ALTERNATIVE TAX NET
OPERATING LOSS DEDUCTION- In the case of a
taxpayer who elects to have clause (ii)(II)
apply, section 56(d)(1)(A)(ii) shall be applied
by substituting `ending during 2001 or 2002 or
beginning during 2008 or 2009' for `ending
during 2001, 2002, 2008, or 2009'.'./
/ (b) Alternative Tax Net Operating Loss Deduction- Subclause (I)
of section 56(d)(1)(A)(ii) is amended to read as follows:/
/ `(I) the amount of such deduction
attributable to the sum of carrybacks of
net operating losses from taxable years
ending during 2001, 2002, 2008, or 2009
and carryovers of net operating losses to
such taxable years, or'./
/ (c) Loss From Operations of Life Insurance Companies- Subsection
(b) of section 810 is amended by adding at the end the following
new paragraph:/
/ `(4) CARRYBACK FOR 2008 AND 2009 LOSSES- /
/ `(A) IN GENERAL- In the case of an applicable 2008
or 2009 loss from operations with respect to which the
taxpayer has elected the application of this
paragraph, paragraph (1)(A) shall be applied, at the
election of the taxpayer, by substituting `5' or `4'
for `3'./
/ `(B) APPLICABLE 2008 OR 2009 LOSS FROM OPERATIONS-
For purposes of this paragraph, the term `applicable
2008 or 2009 loss from operations' means--/
/ `(i) the taxpayer's loss from operations for
any taxable year ending in 2008 or 2009, or/
/ `(ii) if the taxpayer elects to have this
clause apply in lieu of clause (i), the
taxpayer's loss from operations for any taxable
year beginning in 2008 or 2009./
/ `(C) ELECTION- Any election under this paragraph
shall be made in such manner as may be prescribed by
the Secretary, and shall be made by the due date
(including extension of time) for filing the
taxpayer's return for the taxable year of the loss
from operations. Any such election, once made, shall
be irrevocable./
/ `(D) COORDINATION WITH ALTERNATIVE TAX NET OPERATING
LOSS DEDUCTION- In the case of a taxpayer who elects
to have subparagraph (B)(ii) apply, section
56(d)(1)(A)(ii) shall be applied by substituting
`ending during 2001 or 2002 or beginning during 2008
or 2009' for `ending during 2001, 2002, 2008, or 2009'.'./
/ (d) Conforming Amendment- Section 172 is amended by striking
subsection (k) and by redesignating subsection (l) as subsection (k)./
/ (e) Effective Date- /
/ (1) IN GENERAL- Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to net operating losses arising in taxable years ending
after December 31, 2007./
/ (2) ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION- The
amendment made by subsection (b) shall apply to taxable
years ending after 1997./
/ (3) LOSS FROM OPERATIONS OF LIFE INSURANCE COMPANIES- The
amendment made by subsection (d) shall apply to losses from
operations arising in taxable years ending after December
31, 2007./
/ (4) TRANSITIONAL RULE- In the case of a net operating loss
(or, in the case of a life insurance company, a loss from
operations) for a taxable year ending before the date of the
enactment of this Act--/
/ (A) any election made under section 172(b)(3) or
810(b)(3) of the Internal Revenue Code of 1986 with
respect to such loss may (notwithstanding such
section) be revoked before the applicable date,/
/ (B) any election made under section 172(k) or
810(b)(4) of such Code with respect to such loss shall
(notwithstanding such section) be treated as timely
made if made before the applicable date, and/
/ (C) any application under section 6411(a) of such
Code with respect to such loss shall be treated as
timely filed if filed before the applicable date./
/For purposes of this paragraph, the term `applicable date'
means the date which is 60 days after the date of the
enactment of this Act./
/SEC. 1212. EXCEPTION FOR TARP RECIPIENTS./
/ The amendments made by this part shall not apply to--/
/ (1) any taxpayer if--/
/ (A) the Federal Government acquires, at any time, an
equity interest in the taxpayer pursuant to the
Emergency Economic Stabilization Act of 2008, or/
/ (B) the Federal Government acquires, at any time,
any warrant (or other right) to acquire any equity
interest with respect to the taxpayer pursuant to such
Act,/
/ (2) the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation, and/
/ (3) any taxpayer which at any time in 2008 or 2009 is a
member of the same affiliated group (as defined in section
1504 of the Internal Revenue Code of 1986, determined
without regard to subsection (b) thereof) as a taxpayer
described in paragraph (1) or (2)./
//PART III--INCENTIVES FOR NEW JOBS//
/SEC. 1221. INCENTIVES TO HIRE UNEMPLOYED VETERANS AND
DISCONNECTED YOUTH./
/ (a) In General- Subsection (d) of section 51 is amended by
adding at the end the following new paragraph:/
/ `(14) CREDIT ALLOWED FOR UNEMPLOYED VETERANS AND
DISCONNECTED YOUTH HIRED IN 2009 OR 2010- /
/ `(A) IN GENERAL- Any unemployed veteran or
disconnected youth who begins work for the employer
during 2009 or 2010 shall be treated as a member of a
targeted group for purposes of this subpart./
/ `(B) DEFINITIONS- For purposes of this paragraph--/
/ `(i) UNEMPLOYED VETERAN- The term `unemployed
veteran' means any veteran (as defined in
paragraph (3)(B), determined without regard to
clause (ii) thereof) who is certified by the
designated local agency as--/
/ (I) having been discharged or released
from active duty in the Armed Forces
during the period beginning on September
1, 2001, and ending on December 31, 2010, and/
/ `(II) being in receipt of unemployment
compensation under State or Federal law
for not less than 4 weeks during the
1-year period ending on the hiring date./
/ `(ii) DISCONNECTED YOUTH- The term
`disconnected youth' means any individual who is
certified by the designated local agency--/
/ `(I) as having attained age 16 but not
age 25 on the hiring date,/
/ `(II) as not regularly attending any
secondary, technical, or post-secondary
school during the 6-month period preceding
the hiring date,/
/ `(III) as not regularly employed during
such 6-month period, and/
/ `(IV) as not readily employable by
reason of lacking a sufficient number of
basic skills.'./
/ (b) Effective Date- The amendments made by this section shall
apply to individuals who begin work for the employer after
December 31, 2008./
//PART IV--CANCELLATION OF INDEBTEDNESS//
/SEC. 1231. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING FROM
INDEBTEDNESS DISCHARGED BY THE REPURCHASE OF A DEBT INSTRUMENT./
/ (a) In General- Section 108 (relating to income from discharge
of indebtedness) is amended by adding at the end the following new
subsection:/
/ `(i) Deferral and Ratable Inclusion of Income Arising From
Indebtedness Discharged by the Repurchase of a Debt Instrument- /
/ `(1) IN GENERAL- Notwithstanding section 61, income from
the discharge of indebtedness in connection with the
repurchase of a debt instrument after December 31, 2008, and
before January 1, 2011, shall be includible in gross income
ratably over the 8-taxable-year period beginning with--/
/ `(A) in the case of a repurchase occurring in 2009,
the second taxable year following the taxable year in
which the repurchase occurs, and/
/ `(B) in the case of a repurchase occurring in 2010,
the taxable year following the taxable year in which
the repurchase occurs./
/ `(2) DEBT INSTRUMENT- For purposes of this subsection, the
term `debt instrument' means a bond, debenture, note,
certificate, or any other instrument or contractual
arrangement constituting indebtedness (within the meaning of
section 1275(a)(1))./
/ `(3) REPURCHASE- For purposes of this subsection, the term
`repurchase' means, with respect to any debt instrument, a
cash purchase of the debt instrument by--/
/ `(A) the debtor which issued the debt instrument, or/
/ `(B) any person related to such debtor./
/For purposes of subparagraph (B), the determination of
whether a person is related to another person shall be made
in the same manner as under subsection (e)(4)./
/ `(4) AUTHORITY TO PRESCRIBE REGULATIONS- The Secretary may
prescribe such regulations as may be necessary or
appropriate for purposes of applying this subsection.'./
/ (b) Effective Date- The amendments made by this section shall
apply to discharges in taxable years ending after December 31, 2008./
//PART V--QUALIFIED SMALL BUSINESS STOCK//
/SEC. 1241. SPECIAL RULES APPLICABLE TO QUALIFIED SMALL BUSINESS
STOCK FOR 2009 AND 2010./
/ (a) In General- Section 1202(a) is amended by adding at the end
the following new paragraph:/
/ `(3) SPECIAL RULES FOR 2009 AND 2010- In the case of
qualified small business stock acquired after the date of
the enactment of this paragraph and before January 1, 2011--/
/ `(A) paragraph (1) shall be applied by substituting
`75 percent' for `50 percent', and/
/ `(B) paragraph (2) shall not apply.'./
/ (b) Effective Date- The amendment made by this section shall
apply to stock acquired after the date of the enactment of this Act./
//PART VI--PARITY FOR TRANSPORTATION FRINGE BENEFITS//
/SEC. 1251. INCREASED EXCLUSION AMOUNT FOR COMMUTER TRANSIT
BENEFITS AND TRANSIT PASSES./
/ (a) In General- Paragraph (2) of section 132(f) is amended by
adding at the end the following flush sentence:/
/`In the case of any month beginning on or after the date of
the enactment of this sentence and before January 1, 2011,
subparagraph (A) shall be applied as if the dollar amount
therein were the same as the dollar amount under
subparagraph (B) (as in effect for such month).'./
/ (b) Effective Date- The amendment made by this section shall
apply to months beginning on or after the date of the enactment of
this section./
//PART VII--S CORPORATIONS//
/SEC. 1261. TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN
GAINS TAX./
/ (a) In General- Paragraph (7) of section 1374(d) (relating to
definitions and special rules) is amended to read as follows:/
/ `(7) RECOGNITION PERIOD- /
/ `(A) IN GENERAL- The term `recognition period' means
the 10-year period beginning with the 1st day of the
1st taxable year for which the corporation was an S
corporation./
/ `(B) SPECIAL RULE FOR 2009 AND 2010- In the case of
any taxable year beginning in 2009 or 2010, no tax
shall be imposed on the net unrecognized built-in gain
of an S corporation if the 7th taxable year in the
recognition period preceded such taxable year. The
preceding sentence shall be applied separately with
respect to any asset to which paragraph (8) applies./
/ `(C) SPECIAL RULE FOR DISTRIBUTIONS TO SHAREHOLDERS-
For purposes of applying this section to any amount
includible in income by reason of distributions to
shareholders pursuant to section 593(e)--/
/ `(i) subparagraph (A) shall be applied without
regard to the phrase `10-year', and/
/ `(ii) subparagraph (B) shall not apply.'./
/ (b) Effective Date- The amendment made by this section shall
apply to taxable years beginning after December 31, 2008./
//PART VIII--BROADBAND INCENTIVES//
/SEC. 1271. BROADBAND INTERNET ACCESS TAX CREDIT./
/ (a) In General- Subpart E of part IV of chapter 1 of the
Internal Revenue Code of 1986 (relating to rules for computing
investment credit), as amended by this Act, is amended by
inserting after section 48C the following new section:/
/`SEC. 48D. BROADBAND INTERNET ACCESS CREDIT./
/ `(a) General Rule- For purposes of section 46, the broadband
credit for any taxable year is the sum of--/
/ `(1) the current generation broadband credit, plus/
/ `(2) the next generation broadband credit./
/ `(b) Current Generation Broadband Credit; Next Generation
Broadband Credit- For purposes of this section--/
/ `(1) CURRENT GENERATION BROADBAND CREDIT- The current
generation broadband credit for any taxable year is equal to
10 percent (20 percent in the case of qualified subscribers
which are unserved subscribers) of the qualified broadband
expenditures incurred with respect to qualified equipment
providing current generation broadband services to qualified
subscribers and taken into account with respect to such
taxable year./
/ `(2) NEXT GENERATION BROADBAND CREDIT- The next generation
broadband credit for any taxable year is equal to 20 percent
of the qualified broadband expenditures incurred with
respect to qualified equipment providing next generation
broadband services to qualified subscribers and taken into
account with respect to such taxable year./
/ `(c) When Expenditures Taken Into Account- For purposes of this
section--/
/ `(1) IN GENERAL- Qualified broadband expenditures with
respect to qualified equipment shall be taken into account
with respect to the first taxable year in which--/
/ `(A) current generation broadband services are
provided through such equipment to qualified
subscribers, or/
/ `(B) next generation broadband services are provided
through such equipment to qualified subscribers./
/ `(2) LIMITATION- /
/ `(A) IN GENERAL- Qualified broadband expenditures
shall be taken into account under paragraph (1) only
with respect to qualified equipment--/
/ `(i) the original use of which commences with
the taxpayer, and/
/ `(ii) which is placed in service, after
December 31, 2008, and before January 1, 2011./
/ `(B) SALE-LEASEBACKS- For purposes of subparagraph
(A), if property--/
/ `(i) is originally placed in service after
December 31, 2008, by any person, and/
/ `(ii) sold and leased back by such person
within 3 months after the date such property was
originally placed in service,/
/such property shall be treated as originally placed
in service not earlier than the date on which such
property is used under the leaseback referred to in
clause (ii)./
/ `(d) Special Allocation Rules for Current Generation Broadband
Services- For purposes of determining the current generation
broadband credit under subsection (a)(1) with respect to qualified
equipment through which current generation broadband services are
provided, if the qualified equipment is capable of serving both
qualified subscribers and other subscribers, the qualified
broadband expenditures shall be multiplied by a fraction--/
/ `(1) the numerator of which is the sum of the number of
potential qualified subscribers within the rural areas and
the underserved areas and the unserved areas which the
equipment is capable of serving with current generation
broadband services, and/
/ `(2) the denominator of which is the total potential
subscriber population of the area which the equipment is
capable of serving with current generation broadband services./
/ `(e) Definitions- For purposes of this section--/
/ `(1) ANTENNA- The term `antenna' means any device used to
transmit or receive signals through the electromagnetic
spectrum, including satellite equipment./
/ `(2) CABLE OPERATOR- The term `cable operator' has the
meaning given such term by section 602(5) of the
Communications Act of 1934 (47 U.S.C. 522(5))./
/ `(3) COMMERCIAL MOBILE SERVICE CARRIER- The term
`commercial mobile service carrier' means any person
authorized to provide commercial mobile radio service as
defined in section 20.3 of title 47, Code of Federal
Regulations./
/ `(4) CURRENT GENERATION BROADBAND SERVICE- The term
`current generation broadband service' means the
transmission of signals at a rate of at least 5,000,000 bits
per second to the subscriber and at least 1,000,000 bits per
second from the subscriber (at least 3,000,000 bits per
second to the subscriber and at least 768,000 bits per
second from the subscriber in the case of service through
radio transmission of energy)./
/ `(5) MULTIPLEXING OR DEMULTIPLEXING- The term
`multiplexing' means the transmission of 2 or more signals
over a single channel, and the term `demultiplexing' means
the separation of 2 or more signals previously combined by
compatible multiplexing equipment./
/ `(6) NEXT GENERATION BROADBAND SERVICE- The term `next
generation broadband service' means the transmission of
signals at a rate of at least 100,000,000 bits per second to
the subscriber (or its equivalent when the data rate is
measured before being compressed for transmission) and at
least 20,000,000 bits per second from the subscriber (or its
equivalent as so measured)./
/ `(7) NONRESIDENTIAL SUBSCRIBER- The term `nonresidential
subscriber' means any person who purchases broadband
services which are delivered to the permanent place of
business of such person./
/ `(8) OPEN VIDEO SYSTEM OPERATOR- The term `open video
system operator' means any person authorized to provide
service under section 653 of the Communications Act of 1934
(47 U.S.C. 573)./
/ `(9) OTHER WIRELESS CARRIER- The term `other wireless
carrier' means any person (other than a telecommunications
carrier, commercial mobile service carrier, cable operator,
open video system operator, or satellite carrier) providing
current generation broadband services or next generation
broadband service to subscribers through the radio
transmission of energy./
/ `(10) PACKET SWITCHING- The term `packet switching' means
controlling or routing the path of a digitized transmission
signal which is assembled into packets or cells./
/ `(11) PROVIDER- The term `provider' means, with respect to
any qualified equipment any--/
/ `(A) cable operator,/
/ `(B) commercial mobile service carrier,/
/ `(C) open video system operator,/
/ `(D) satellite carrier,/
/ `(E) telecommunications carrier, or/
/ `(F) other wireless carrier,/
/providing current generation broadband services or next
generation broadband services to subscribers through such
qualified equipment./
/ `(12) PROVISION OF SERVICES- A provider shall be treated
as providing services to 1 or more subscribers if--/
/ `(A) such a subscriber has been passed by the
provider's equipment and can be connected to such
equipment for a standard connection fee,/
/ `(B) the provider is physically able to deliver
current generation broadband services or next
generation broadband services, as applicable, to such
a subscriber without making more than an insignificant
investment with respect to such subscriber,/
/ `(C) the provider has made reasonable efforts to
make such subscribers aware of the availability of
such services,/
/ `(D) such services have been purchased by 1 or more
such subscribers, and/
/ `(E) such services are made available to such
subscribers at average prices comparable to those at
which the provider makes available similar services in
any areas in which the provider makes available such
services./
/ `(13) QUALIFIED EQUIPMENT- /
/ `(A) IN GENERAL- The term `qualified equipment'
means property with respect to which depreciation (or
amortization in lieu of depreciation) is allowable and
which provides current generation broadband services
or next generation broadband services--/
/ `(i) at least a majority of the time during
periods of maximum demand to each subscriber who
is utilizing such services, and/
/ `(ii) in a manner substantially the same as
such services are provided by the provider to
subscribers through equipment with respect to
which no credit is allowed under subsection (a)(1)./
/ `(B) ONLY CERTAIN INVESTMENT TAKEN INTO ACCOUNT-
Except as provided in subparagraph (C) or (D),
equipment shall be taken into account under
subparagraph (A) only to the extent it--/
/ `(i) extends from the last point of switching
to the outside of the unit, building, dwelling,
or office owned or leased by a subscriber in the
case of a telecommunications carrier or
broadband-over-powerline operator,/
/ `(ii) extends from the customer side of the
mobile telephone switching office to a
transmission/receive antenna (including such
antenna) owned or leased by a subscriber in the
case of a commercial mobile service carrier,/
/ `(iii) extends from the customer side of the
headend to the outside of the unit, building,
dwelling, or office owned or leased by a
subscriber in the case of a cable operator or
open video system operator, or/
/ `(iv) extends from a transmission/receive
antenna (including such antenna) which transmits
and receives signals to or from multiple
subscribers, to a transmission/receive antenna
(including such antenna) on the outside of the
unit, building, dwelling, or office owned or
leased by a subscriber in the case of a
satellite carrier or other wireless carrier,
unless such other wireless carrier is also a
telecommunications carrier./
/ `(C) PACKET SWITCHING EQUIPMENT- Packet switching
equipment, regardless of location, shall be taken into
account under subparagraph (A) only if it is deployed
in connection with equipment described in subparagraph
(B) and is uniquely designed to perform the function
of packet switching for current generation broadband
services or next generation broadband services, but
only if such packet switching is the last in a series
of such functions performed in the transmission of a
signal to a subscriber or the first in a series of
such functions performed in the transmission of a
signal from a subscriber./
/ `(D) MULTIPLEXING AND DEMULTIPLEXING EQUIPMENT-
Multiplexing and demultiplexing equipment shall be
taken into account under subparagraph (A) only to the
extent it is deployed in connection with equipment
described in subparagraph (B) and is uniquely designed
to perform the function of multiplexing and
demultiplexing packets or cells of data and making
associated application adaptions, but only if such
multiplexing or demultiplexing equipment is located
between packet switching equipment described in
subparagraph (C) and the subscriber's premises./
/ `(14) QUALIFIED BROADBAND EXPENDITURE- /
/ `(A) IN GENERAL- The term `qualified broadband
expenditure' means any amount--/
/ `(i) chargeable to capital account with
respect to the purchase and installation of
qualified equipment (including any upgrades
thereto) for which depreciation is allowable
under section 168, and/
/ `(ii) incurred after December 31, 2008, and
before January 1, 2011./
/ `(B) CERTAIN SATELLITE EXPENDITURES EXCLUDED- Such
term shall not include any expenditure with respect to
the launching of any satellite equipment./
/ `(C) LEASED EQUIPMENT- Such term shall include so
much of the purchase price paid by the lessor of
equipment subject to a lease described in subsection
(c)(2)(B) as is attributable to expenditures incurred
by the lessee which would otherwise be described in
subparagraph (A)./
/ `(15) QUALIFIED SUBSCRIBER- The term `qualified
subscriber' means--/
/ `(A) with respect to the provision of current
generation broadband services--/
/ `(i) any nonresidential subscriber maintaining
a permanent place of business in a rural area,
an underserved area, or an unserved area, or/
/ `(ii) any residential subscriber residing in a
dwelling located in a rural area, an underserved
area, or an unserved area which is not a
saturated market, and/
/ `(B) with respect to the provision of next
generation broadband services--/
/ `(i) any nonresidential subscriber maintaining
a permanent place of business in a rural area,
an underserved area, or an unserved area , or/
/ `(ii) any residential subscriber./
/ `(16) RESIDENTIAL SUBSCRIBER- The term `residential
subscriber' means any individual who purchases broadband
services which are delivered to such individual's dwelling./
/ `(17) RURAL AREA- The term `rural area' means any census
tract which--/
/ `(A) is not within 10 miles of any incorporated or
census designated place containing more than 25,000
people, and/
/ `(B) is not within a county or county equivalent
which has an overall population density of more than
500 people per square mile of land./
/ `(18) RURAL SUBSCRIBER- The term `rural subscriber' means
any residential subscriber residing in a dwelling located in
a rural area or nonresidential subscriber maintaining a
permanent place of business located in a rural area./
/ `(19) SATELLITE CARRIER- The term `satellite carrier'
means any person using the facilities of a satellite or
satellite service licensed by the Federal Communications
Commission and operating in the Fixed-Satellite Service
under part 25 of title 47 of the Code of Federal Regulations
or the Direct Broadcast Satellite Service under part 100 of
title 47 of such Code to establish and operate a channel of
communications for distribution of signals, and owning or
leasing a capacity or service on a satellite in order to
provide such point-to-multipoint distribution./
/ `(20) SATURATED MARKET- The term `saturated market' means
any census tract in which, as of the date of the enactment
of this section--/
/ `(A) current generation broadband services have been
provided by a single provider to 85 percent or more of
the total number of potential residential subscribers
residing in dwellings located within such census
tract, and/
/ `(B) such services can be utilized--/
/ `(i) at least a majority of the time during
periods of maximum demand by each such
subscriber who is utilizing such services, and/
/ `(ii) in a manner substantially the same as
such services are provided by the provider to
subscribers through equipment with respect to
which no credit is allowed under subsection (a)(1)./
/ `(21) SUBSCRIBER- The term `subscriber' means any person
who purchases current generation broadband services or next
generation broadband services./
/ `(22) TELECOMMUNICATIONS CARRIER- The term
`telecommunications carrier' has the meaning given such term
by section 3(44) of the Communications Act of 1934 (47
U.S.C. 153(44)), but--/
/ `(A) includes all members of an affiliated group of
which a telecommunications carrier is a member, and/
/ `(B) does not include any commercial mobile service
carrier./
/ `(23) TOTAL POTENTIAL SUBSCRIBER POPULATION- The term
`total potential subscriber population' means, with respect
to any area and based on the most recent census data, the
total number of potential residential subscribers residing
in dwellings located in such area and potential
nonresidential subscribers maintaining permanent places of
business located in such area./
/ `(24) UNDERSERVED AREA- The term `underserved area' means
any census tract which is located in--/
/ `(A) an empowerment zone or enterprise community
designated under section 1391,/
/ `(B) the District of Columbia Enterprise Zone
established under section 1400,/
/ `(C) a renewal community designated under section
1400E, or/
/ `(D) a low-income community designated under section
45D./
/ `(25) UNDERSERVED SUBSCRIBER- The term `underserved
subscriber' means any residential subscriber residing in a
dwelling located in an underserved area or nonresidential
subscriber maintaining a permanent place of business located
in an underserved area./
/ `(26) UNSERVED AREA- The term `unserved area' means any
census tract in which no current generation broadband
services are provided, as certified by the State in which
such tract is located not later than September 30, 2009./
/ `(27) UNSERVED SUBSCRIBER- The term `unserved subscriber'
means any residential subscriber residing in a dwelling
located in an unserved area or nonresidential subscriber
maintaining a permanent place of business located in an
unserved area.'./
/ (b) Credit To Be Part of Investment Credit- Section 46 (relating
to the amount of investment credit), as amended by this Act, is
amended by striking `and' at the end of paragraph (4), by striking
the period at the end of paragraph (5) and inserting `, and', and
by adding at the end the following:/
/ `(6) the broadband Internet access credit.'/
/ (c) Special Rule for Mutual or Cooperative Telephone Companies-
Section 501(c)(12)(B) (relating to list of exempt organizations)
is amended by striking `or' at the end of clause (iii), by
striking the period at the end of clause (iv) and inserting `,
or', and by adding at the end the following new clause:/
/ `(v) from the sale of property subject to a
lease described in section 48D(c)(2)(B), but
only to the extent such income does not in any
year exceed an amount equal to the credit for
qualified broadband expenditures which would be
determined under section 48D for such year if
the mutual or cooperative telephone company was
not exempt from taxation and was treated as the
owner of the property subject to such lease.'./
/ (d) Conforming Amendments- /
/ (1) Section 49(a)(1)(C), as amended by this Act, is
amended by striking `and' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting
`, and', and by adding after clause (v) the following new
clause:/
/ `(vi) the portion of the basis of any
qualified equipment attributable to qualified
broadband expenditures under section 48D.'./
/ (2) The table of sections for subpart E of part IV of
subchapter A of chapter 1, as amended by this Act, is
amended by inserting after the item relating to section 48C
the following:/
/`Sec. 48D. Broadband internet access credit'./
/ (e) Designation of Census Tracts- /
/ (1) IN GENERAL- The Secretary of the Treasury shall, not
later than 90 days after the date of the enactment of this
Act, designate and publish those census tracts meeting the
criteria described in paragraphs (17), (23), (24), and (26)
of section 48D(e) of the Internal Revenue Code of 1986 (as
added by this section). In making such designations, the
Secretary of the Treasury shall consult with such other
departments and agencies as the Secretary determines
appropriate./
/ (2) SATURATED MARKET- /
/ (A) IN GENERAL- For purposes of designating and
publishing those census tracts meeting the criteria
described in subsection (e)(20) of such section 48D--/
/ (i) the Secretary of the Treasury shall
prescribe not later than 30 days after the date
of the enactment of this Act the form upon which
any provider which takes the position that it
meets such criteria with respect to any census
tract shall submit a list of such census tracts
(and any other information required by the
Secretary) not later than 60 days after the date
of the publication of such form, and/
/ (ii) the Secretary of the Treasury shall
publish an aggregate list of such census tracts
submitted and the applicable providers not later
than 30 days after the last date such
submissions are allowed under clause (i)./
/ (B) NO SUBSEQUENT LISTS REQUIRED- The Secretary of
the Treasury shall not be required to publish any list
of census tracts meeting such criteria subsequent to
the list described in subparagraph (A)(ii)./
/ (C) AUTHORITY TO DISREGARD FALSE SUBMISSIONS- In
addition to imposing any other applicable penalties,
the Secretary of the Treasury shall have the
discretion to disregard any form described in
subparagraph (A)(i) on which a provider knowingly
submitted false information./
/ (f) Other Regulatory Matters- /
/ (1) PROHIBITION- No Federal or State agency or
instrumentality shall adopt regulations or ratemaking
procedures that would have the effect of eliminating or
reducing any credit or portion thereof allowed under section
48D of the Internal Revenue Code of 1986 (as added by this
section) or otherwise subverting the purpose of this section./
/ (2) TREASURY REGULATORY AUTHORITY- It is the intent of
Congress in providing the broadband Internet access credit
under section 48D of the Internal Revenue Code of 1986 (as
added by this section) to provide incentives for the
purchase, installation, and connection of equipment and
facilities offering expanded broadband access to the
Internet for users in certain low income and rural areas of
the United States, as well as to residential users
nationwide, in a manner that maintains competitive
neutrality among the various classes of providers of
broadband services. Accordingly, the Secretary of the
Treasury shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of
section 48D of such Code, including--/
/ (A) regulations to determine how and when a taxpayer
that incurs qualified broadband expenditures satisfies
the requirements of section 48D of such Code to
provide broadband services, and/
/ (B) regulations describing the information, records,
and data taxpayers are required to provide the
Secretary to substantiate compliance with the
requirements of section 48D of such Code./
/ (g) Effective Date- The amendments made by this section shall
apply to expenditures incurred after December 31, 2008./
//PART IX--CLARIFICATION OF REGULATIONS RELATED TO LIMITATIONS ON
CERTAIN BUILT-IN LOSSES FOLLOWING AN OWNERSHIP CHANGE//
/SEC. 1281. CLARIFICATION OF REGULATIONS RELATED TO LIMITATIONS ON
CERTAIN BUILT-IN LOSSES FOLLOWING AN OWNERSHIP CHANGE./
/ (a) Findings- Congress finds as follows:/
/ (1) The delegation of authority to the Secretary of the
Treasury under section 382(m) of the Internal Revenue Code
of 1986 does not authorize the Secretary to provide
exemptions or special rules that are restricted to
particular industries or classes of taxpayers./
/ (2) Internal Revenue Service Notice 2008-83 is
inconsistent with the congressional intent in enacting such
section 382(m)./
/ (3) The legal authority to prescribe Internal Revenue
Service Notice 2008-83 is doubtful./
/ (4) However, as taxpayers should generally be able to rely
on guidance issued by the Secretary of the Treasury
legislation is necessary to clarify the force and effect of
Internal Revenue Service Notice 2008-83 and restore the
proper application under the Internal Revenue Code of 1986
of the limitation on built-in losses following an ownership
change of a bank./
/ (b) Determination of Force and Effect of Internal Revenue
Service Notice 2008-83 Exempting Banks From Limitation on Certain
Built-in Losses Following Ownership Change- /
/ (1) IN GENERAL- Internal Revenue Service Notice 2008-83--/
/ (A) shall be deemed to have the force and effect of
law with respect to any ownership change (as defined
in section 382(g) of the Internal Revenue Code of
1986) occurring on or before January 16, 2009, and/
/ (B) shall have no force or effect with respect to
any ownership change after such date./
/ (2) BINDING CONTRACTS- Notwithstanding paragraph (1),
Internal Revenue Service Notice 2008-83 shall have the force
and effect of law with respect to any ownership change (as
so defined) which occurs after January 16, 2009, if such
change--/
/ (A) is pursuant to a written binding contract
entered into on or before such date, or/
/ (B) is pursuant to a written agreement entered into
on or before such date and such agreement was
described on or before such date in a public
announcement or in a filing with the Securities and
Exchange Commission required by reason of such
ownership change./
/Subtitle D--Manufacturing Recovery Provisions/
/SEC. 1301. TEMPORARY EXPANSION OF AVAILABILITY OF INDUSTRIAL
DEVELOPMENT BONDS TO FACILITIES MANUFACTURING INTANGIBLE PROPERTY./
/ (a) In General- Subparagraph (C) of section 144(a)(12) is amended--/
/ (1) by striking `For purposes of this paragraph, the term'
and inserting `For purposes of this paragraph--/
/ `(i) IN GENERAL- The term', and/
/ (2) by striking the last sentence and inserting the
following new clauses:/
/ `(ii) CERTAIN FACILITIES INCLUDED- Such term
includes facilities which are directly related
and ancillary to a manufacturing facility
(determined without regard to this clause) if--/
/ `(I) such facilities are located on the
same site as the manufacturing facility, and/
/ `(II) not more than 25 percent of the
net proceeds of the issue are used to
provide such facilities./
/ `(iii) SPECIAL RULES FOR BONDS ISSUED IN 2009
AND 2010- In the case of any issue made after
the date of enactment of this clause and before
January 1, 2011, clause (ii) shall not apply and
the net proceeds from a bond shall be considered
to be used to provide a manufacturing facility
if such proceeds are used to provide--/
/ `(I) a facility which is used in the
creation or production of intangible
property which is described in section
197(d)(1)(C)(iii), or/
/ `(II) a facility which is functionally
related and subordinate to a manufacturing
facility (determined without regard to
this subclause) if such facility is
located on the same site as the
manufacturing facility.'./
/ (b) Effective Date- The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act./
/SEC. 1302. CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES./
/ (a) In General- Section 46 (relating to amount of credit) is
amended by striking `and' at the end of paragraph (3), by striking
the period at the end of paragraph (4), and by adding at the end
the following new paragraph:/
/ `(5) the qualifying advanced energy project credit.'./
/ (b) Amount of Credit- Subpart E of part IV of subchapter A of
chapter 1 (relating to rules for computing investment credit) is
amended by inserting after section 48B the following new section:/
/`SEC. 48C. QUALIFYING ADVANCED ENERGY PROJECT CREDIT./
/ `(a) In General- For purposes of section 46, the qualifying
advanced energy project credit for any taxable year is an amount
equal to 30 percent of the qualified investment for such taxable
year with respect to any qualifying advanced energy project of the
taxpayer./
/ `(b) Qualified Investment- /
/ `(1) IN GENERAL- For purposes of subsection (a), the
qualified investment for any taxable year is the basis of
eligible property placed in service by the taxpayer during
such taxable year which is part of a qualifying advanced
energy project--/
/ `(A)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer after
October 31, 2008, or/
/ `(ii) which is acquired by the taxpayer if the
original use of such eligible property commences with
the taxpayer after October 31, 2008, and/
/ `(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable./
/ `(2) CERTAIN QUALIFIED PROGRESS EXPENDITURES RULES MADE
APPLICABLE- Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section./
/ `(3) LIMITATION- The amount which is treated for all
taxable years with respect to any qualifying advanced energy
project shall not exceed the amount designated by the
Secretary as eligible for the credit under this section./
/ `(c) Definitions- /
/ `(1) QUALIFYING ADVANCED ENERGY PROJECT- /
/ `(A) IN GENERAL- The term `qualifying advanced
energy project' means a project--/
/ `(i) which re-equips, expands, or establishes
a manufacturing facility for the production of
property which is--/
/ `(I) designed to be used to produce
energy from the sun, wind, geothermal
deposits (within the meaning of section
613(e)(2)), or other renewable resources,/
/ `(II) designed to manufacture fuel
cells, microturbines, or an energy storage
system for use with electric or
hybrid-electric motor vehicles,/
/ `(III) designed to manufacture electric
grids to support the transmission of
intermittent sources of renewable energy,
including storage of such energy,/
/ `(IV) designed to capture and sequester
carbon dioxide emissions,/
/ `(V) designed to refine or blend
renewable fuels or to produce energy
conservation technologies (including
energy-conserving lighting technologies
and smart grid technologies), or/
/ `(VI) other advanced energy property
designed to reduce greenhouse gas
emissions as may be determined by the
Secretary, and/
/ `(ii) any portion of the qualified investment
of which is certified by the Secretary under
subsection (d) as eligible for a credit under
this section./
/ `(B) EXCEPTION- Such term shall not include any
portion of a project for the production of any
property which is used in the refining or blending of
any transportation fuel (other than renewable fuels)./
/ `(2) ELIGIBLE PROPERTY- The term `eligible property' means
any property which is part of a qualifying advanced energy
project and is necessary for the production of property
described in paragraph (1)(A)(i)./
/ `(d) Qualifying Advanced Energy Project Program- /
/ `(1) ESTABLISHMENT- /
/ `(A) IN GENERAL- Not later than 180 days after the
date of enactment of this section, the Secretary, in
consultation with the Secretary of Energy, shall
establish a qualifying advanced energy project program
to consider and award certifications for qualified
investments eligible for credits under this section to
qualifying advanced energy project sponsors./
/ `(B) LIMITATION- The total amount of credits that
may be allocated under the program shall not exceed
$2,000,000,000./
/ `(2) CERTIFICATION- /
/ `(A) APPLICATION PERIOD- Each applicant for
certification under this paragraph shall submit an
application containing such information as the
Secretary may require during the 3-year period
beginning on the date the Secretary establishes the
program under paragraph (1)./
/ `(B) TIME TO MEET CRITERIA FOR CERTIFICATION- Each
applicant for certification shall have 2 years from
the date of acceptance by the Secretary of the
application during which to provide to the Secretary
evidence that the requirements of the certification
have been met./
/ `(C) PERIOD OF ISSUANCE- An applicant which receives
a certification shall have 5 years from the date of
issuance of the certification in order to place the
project in service and if such project is not placed
in service by that time period then the certification
shall no longer be valid./
/ `(3) SELECTION CRITERIA- In determining which qualifying
advanced energy projects to certify under this section, the
Secretary--/
/ `(A) shall take into consideration only those
projects where there is a reasonable expectation of
commercial viability, and/
/ `(B) shall take into consideration which projects--/
/ `(i) will provide the greatest domestic job
creation (both direct and indirect) during the
credit period,/
/ `(ii) will provide the greatest net impact in
avoiding or reducing air pollutants or
anthropogenic emissions of greenhouse gases,/
/ `(iii) have the greatest readiness for
commercial employment, replication, and further
commercial use in the United States,/
/ `(iv) will provide the greatest benefit in
terms of newness in the commercial market,/
/ `(v) have the lowest levelized cost of
generated or stored energy, or of measured
reduction in energy consumption or greenhouse
gas emission (based on costs of the full supply
chain), and/
/ `(vi) have the shortest project time from
certification to completion./
/ `(4) REVIEW AND REDISTRIBUTION- /
/ `(A) REVIEW- Not later than 6 years after the date
of enactment of this section, the Secretary shall
review the credits allocated under this section as of
the date which is 6 years after the date of enactment
of this section./
/ `(B) REDISTRIBUTION- The Secretary may reallocate
credits awarded under this section if the Secretary
determines that--/
/ `(i) there is an insufficient quantity of
qualifying applications for certification
pending at the time of the review, or/
/ `(ii) any certification made pursuant to
paragraph (2) has been revoked pursuant to
paragraph (2)(B) because the project subject to
the certification has been delayed as a result
of third party opposition or litigation to the
proposed project./
/ `(C) REALLOCATION- If the Secretary determines that
credits under this section are available for
reallocation pursuant to the requirements set forth in
paragraph (2), the Secretary is authorized to conduct
an additional program for applications for certification./
/ `(5) DISCLOSURE OF ALLOCATIONS- The Secretary shall, upon
making a certification under this subsection, publicly
disclose the identity of the applicant and the amount of the
credit with respect to such applicant./
/ `(e) Denial of Double Benefit- A credit shall not be allowed
under this section for any qualified investment for which a credit
is allowed under section 48, 48A, or 48B.'./
/ (c) Conforming Amendments- /
/ (1) Section 49(a)(1)(C) is amended by striking `and' at
the end of clause (iii), by striking the period at the end
of clause (iv) and inserting `, and', and by adding after
clause (iv) the following new clause:/
/ `(v) the basis of any property which is part
of a qualifying advanced energy project under
section 48C.'./
/ (2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 48B the following new item:/
/`48C. Qualifying advanced energy project credit.'./
/ (d) Effective Date- The amendments made by this section shall
apply to periods after the date of the enactment of this Act,
under rules similar to the rules of section 48(m) of the Internal
Revenue Code of 1986 (as in effect on the day before the date of
the enactment of the Revenue Reconciliation Act of 1990)./
/SEC. 1303. INCENTIVES FOR MANUFACTURING FACILITIES PRODUCING
PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES AND COMPONENTS./
/ (a) Deduction for Manufacturing Facilities- Part VI of
subchapter B of chapter 1 (relating to itemized deductions for
individuals and corporations) is amended by inserting after
section 179E the following new section:/
/`SEC. 179F. ELECTION TO EXPENSE MANUFACTURING FACILITIES
PRODUCING PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES AND COMPONENTS./
/ `(a) Treatment as Expenses- A taxpayer may elect to treat the
applicable percentage of the cost of any qualified plug-in
electric drive motor vehicle manufacturing facility property as an
expense which is not chargeable to a capital account. Any cost so
treated shall be allowed as a deduction for the taxable year in
which the qualified manufacturing facility property is placed in
service./
/ `(b) Applicable Percentage- For purposes of subsection (a), the
applicable percentage is--/
/ `(1) 100 percent, in the case of qualified plug-in
electric drive motor vehicle manufacturing facility property
which is placed in service before January 1, 2012, and/
/ `(2) 50 percent, in the case of qualified plug-in electric
drive motor vehicle manufacturing facility property which is
placed in service after December 31, 2011, and before
January 1, 2015./
/ `(c) Election- /
/ `(1) IN GENERAL- An election under this section for any
taxable year shall be made on the taxpayer's return of the
tax imposed by this chapter for the taxable year. Such
election shall be made in such manner as the Secretary may
by regulations prescribe./
/ `(2) ELECTION IRREVOCABLE- Any election made under this
section may not be revoked except with the consent of the
Secretary./
/ `(d) Qualified Plug-In Electric Drive Motor Vehicle
Manufacturing Facility Property- For purposes of this section--/
/ `(1) IN GENERAL- The term `qualified plug-in electric
drive motor vehicle manufacturing facility property' means
any qualified property--/
/ `(A) the original use of which commences with the
taxpayer,/
/ `(B) which is placed in service by the taxpayer
after the date of the enactment of this section and
before January 1, 2015, and/
/ `(C) no written binding contract for the
construction of which was in effect on or before the
date of the enactment of this section./
/ `(2) QUALIFIED PROPERTY- /
/ `(A) IN GENERAL- The term `qualified property' means
any property which is a facility or a portion of a
facility used for the production of--/
/ `(i) any new qualified plug-in electric drive
motor vehicle (as defined by section 30D(c)), or/
/ `(ii) any eligible component./
/ `(B) ELIGIBLE COMPONENT- The term `eligible
component' means any battery, any electric motor or
generator, or any power control unit which is designed
specifically for use with a new qualified plug-in
electric drive motor vehicle (as so defined)./
/ `(e) Special Rule for Dual Use Property- In the case of any
qualified plug-in electric drive motor vehicle manufacturing
facility property which is used to produce both qualified property
and other property which is not qualified property, the amount of
costs taken into account under subsection (a) shall be reduced by
an amount equal to--/
/ `(1) the total amount of such costs (determined before the
application of this subsection), multiplied by/
/ `(2) the percentage of property expected to be produced
which is not qualified property./
/ `(f) Election To Receive Loan in Lieu of Deduction- /
/ `(1) IN GENERAL- If a taxpayer elects to have this
subsection apply for any taxable year--/
/ `(A) subsection (a) shall not apply to any qualified
plug-in electric drive motor vehicle manufacturing
facility property placed in service by the taxpayer,/
/ `(B) such taxpayer shall receive a loan from the
Secretary in an amount and under such terms as
provided in section 1303(b) of the American Recovery
and Reinvestment Tax Act of 2009, and/
/ `(C) in the taxable year in which such qualified
loan is repaid, each of the limitations described in
paragraph (2) shall be increased by the qualified
plug-in electric drive motor vehicle manufacturing
facility amount which is--/
/ `(i) determined under paragraph (3), and/
/ `(ii) allocated to such limitation under
paragraph (4)./
/ `(2) LIMITATIONS TO BE INCREASED- The limitations
described in this paragraph are--/
/ `(A) the limitation imposed by section 38(c), and/
/ `(B) the limitation imposed by section 53(c)./
/ `(3) QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE
MANUFACTURING FACILITY AMOUNT- For purposes of this paragraph--/
/ `(A) IN GENERAL- The qualified plug-in electric
drive motor vehicle manufacturing facility amount is
an amount equal to the applicable percentage of any
qualified plug-in electric drive motor vehicle
manufacturing facility which is placed in service
during the taxable year./
/ `(B) APPLICABLE PERCENTAGE- For purposes of
subparagraph (A), the applicable percentage is--/
/ `(i) 35 percent, in the case of qualified
plug-in electric drive motor vehicle
manufacturing facility property which is placed
in service before January 1, 2012, and/
/ `(ii) 17.5 percent, in the case of qualified
plug-in electric drive motor vehicle
manufacturing facility property which is placed
in service after December 31, 2011, and before
January 1, 2015./
/ `(C) SPECIAL RULE FOR DUAL USE PROPERTY- In the case
of any qualified plug-in electric drive motor vehicle
manufacturing facility property which is used to
produce both qualified property and other property
which is not qualified property, the amount of costs
taken into account under subparagraph (A) shall be
reduced by an amount equal to--/
/ `(i) the total amount of such costs
(determined before the application of this
subparagraph), multiplied by/
/ `(ii) the percentage of property expected to
be produced which is not qualified property./
/ `(4) ALLOCATION OF QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR
VEHICLE MANUFACTURING FACILITY AMOUNT- The taxpayer shall,
at such time and in such manner as the Secretary may
prescribe, specify the portion (if any) of the qualified
plug-in electric drive motor vehicle manufacturing facility
amount for the taxable year which is to be allocated to each
of the limitations described in paragraph (2) for such
taxable year./
/ `(5) ELECTION- /
/ `(A) IN GENERAL- An election under this subsection
for any taxable year shall be made on the taxpayer's
return of the tax imposed by this chapter for the
taxable year. Such election shall be made in such
manner as the Secretary may by regulations prescribe./
/ `(B) ELECTION IRREVOCABLE- Any election made under
this subsection may not be revoked except with the
consent of the Secretary.'./
/ (b) Loan Program- /
/ (1) IN GENERAL- The Secretary of the Treasury (or the
Secretary's delegate) shall provide a loan to any person who
is allowed a deduction under section 179F of the Internal
Revenue Code and who makes an election under section 179F(f)
of such Code in an amount equal to the qualified plug-in
electric drive motor vehicle manufacturing facility amount
(as defined in such section 179F(f))./
/ (2) TERM- Such loan shall be in the form of a senior note
issued by the taxpayer to the Secretary of the Treasury,
secured by the qualified plug-in electric drive motor
vehicle manufacturing facility property (as defined in
section 179F of the Internal Revenue Code of 1986) of the
taxpayer, and having a term of 20 years and interest payable
at the applicable Federal rate (as determined under section
1274(d) of the Internal Revenue Code of 1986)./
/ (3) APPROPRIATIONS- There is hereby appropriated to the
Secretary of the Treasury such sums as may be necessary to
carry out this subsection./
/ (c) Clerical Amendment- The table of sections for part VI of
subchapter B of chapter 1 is amended by adding at the end the
following new item:/
/`Sec. 179F. Election to expense manufacturing facilities
producing plug-in electric drive motor vehicle and
components.'./
/ (d) Effective Date- The amendments made by this section shall
apply to taxable years beginning after the date of the enactment
of this Act./
/Subtitle E--Economic Recovery Tools/
/SEC. 1401. RECOVERY ZONE BONDS./
/ (a) In General- Subchapter Y of chapter 1 is amended by adding
at the end the following new part:/
//`PART III--RECOVERY ZONE BONDS//
/`Sec. 1400U-1. Allocation of recovery zone bonds./
/`Sec. 1400U-2. Recovery zone economic development bonds./
/`Sec. 1400U-3. Recovery zone facility bonds./
/`SEC. 1400U-1. ALLOCATION OF RECOVERY ZONE BONDS./
/ `(a) Allocations- /
/ `(1) IN GENERAL- The Secretary shall allocate the national
recovery zone economic development bond limitation and the
national recovery zone facility bond limitation among the
States--/
/ `(A) by allocating 1 percent of each such limitation
to each State, and/
/ `(B) by allocating the remainder of each such
limitation among the States in the proportion that
each State's 2008 State employment decline bears to
the aggregate of the 2008 State employment declines
for all of the States./
/ `(2) 2008 STATE EMPLOYMENT DECLINE- For purposes of this
subsection, the term `2008 State employment decline' means,
with respect to any State, the excess (if any) of--/
/ `(A) the number of individuals employed in such
State determined for December 2007, over/
/ `(B) the number of individuals employed in such
State determined for December 2008./
/ `(3) ALLOCATIONS BY STATES- /
/ `(A) IN GENERAL- Each State with respect to which an
allocation is made under paragraph (1) shall
reallocate such allocation among the counties and
large municipalities in such State in the proportion
the each such county's or municipality's 2008
employment decline bears to the aggregate of the 2008
employment declines for all the counties and
municipalities in such State./
/ `(B) LARGE MUNICIPALITIES- For purposes of
subparagraph (A), the term `large municipality' means
a municipality with a population of more than 100,000./
/ `(C) DETERMINATION OF LOCAL EMPLOYMENT DECLINES- For
purposes of this paragraph, the employment decline of
any municipality or county shall be determined in the
same manner as determining the State employment
decline under paragraph (2), except that in the case
of a municipality any portion of which is in a county,
such portion shall be treated as part of such
municipality and not part of such county./
/ `(4) NATIONAL LIMITATIONS- /
/ `(A) RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS- There
is a national recovery zone economic development bond
limitation of $5,000,000,000./
/ `(B) RECOVERY ZONE FACILITY BONDS- There is a
national recovery zone facility bond limitation of
$10,000,000,000./
/ `(b) Recovery Zone- For purposes of this part, the term
`recovery zone' means--/
/ `(1) any area designated by the issuer as having
significant poverty, unemployment, rate of home
foreclosures, or general distress, and/
/ `(2) any area for which a designation as an empowerment
zone or renewal community is in effect./
/`SEC. 1400U-2. RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS./
/ `(a) In General- In the case of a recovery zone economic
development bond--/
/ `(1) such bond shall be treated as a qualified bond for
purposes of section 6431, and/
/ `(2) subsection (b) of such section shall be applied by
substituting `40 percent' for `35 percent'./
/ `(b) Recovery Zone Economic Development Bond- /
/ `(1) IN GENERAL- For purposes of this section, the term
`recovery zone economic development bond' means any build
America bond (as defined in section 54AA(d)) issued before
January 1, 2011, as part of issue if--/
/ `(A) 100 percent of the available project proceeds
(as defined in section 54A) of such issue are to be
used for one or more qualified economic development
purposes, and/
/ `(B) the issuer designates such bond for purposes of
this section./
/ `(2) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The maximum
aggregate face amount of bonds which may be designated by
any issuer under paragraph (1) shall not exceed the amount
of the recovery zone economic development bond limitation
allocated to such issuer under section 1400U-1./
/ `(c) Qualified Economic Development Purpose- For purposes of
this section, the term `qualified economic development purpose'
means expenditures for purposes of promoting development or other
economic activity in a recovery zone, including--/
/ `(1) capital expenditures paid or incurred with respect to
property located in such zone,/
/ `(2) expenditures for public infrastructure and
construction of public facilities, and/
/ `(3) expenditures for job training and educational programs./
/`SEC. 1400U-3. RECOVERY ZONE FACILITY BONDS./
/ `(a) In General- For purposes of part IV of subchapter B
(relating to tax exemption requirements for State and local
bonds), the term `exempt facility bond' includes any recovery zone
facility bond./
/ `(b) Recovery Zone Facility Bond- /
/ `(1) IN GENERAL- For purposes of this section, the term
`recovery zone facility bond' means any bond issued as part
of an issue if--/
/ `(A) 95 percent or more of the net proceeds (as
defined in section 150(a)(3)) of such issue are to be
used for recovery zone property,/
/ `(B) such bond is issued before January 1, 2011, and/
/ `(C) the issuer designates such bond for purposes of
this section./
/ `(2) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The maximum
aggregate face amount of bonds which may be designated by
any issuer under paragraph (1) shall not exceed the amount
of recovery zone facility bond limitation allocated to such
issuer under section 1400U-1./
/ `(c) Recovery Zone Property- For purposes of this section--/
/ `(1) IN GENERAL- The term `recovery zone property' means
any property to which section 168 applies (or would apply
but for section 179) if--/
/ `(A) such property was acquired by the taxpayer by
purchase (as defined in section 179(d)(2)) after the
date on which the designation of the recovery zone
took effect,/
/ `(B) the original use of which in the recovery zone
commences with the taxpayer, and/
/ `(C) substantially all of the use of which is in the
recovery zone and is in the active conduct of a
qualified business by the taxpayer in such zone./
/ `(2) QUALIFIED BUSINESS- The term `qualified business'
means any trade or business except that--/
/ `(A) the rental to others of real property located
in a recovery zone shall be treated as a qualified
business only if the property is not residential
rental property (as defined in section 168(e)(2)), and/
/ `(B) such term shall not include any trade or
business consisting of the operation of any facility
described in section 144(c)(6)(B)./
/ `(3) SPECIAL RULES FOR SUBSTANTIAL RENOVATIONS AND
SALE-LEASEBACK- Rules similar to the rules of subsections
(a)(2) and (b) of section 1397D shall apply for purposes of
this subsection./
/ `(d) Nonapplication of Certain Rules- Sections 146 (relating to
volume cap) and 147(d) (relating to acquisition of existing
property not permitted) shall not apply to any recovery zone
facility bond.'./
/ (b) Clerical Amendment- The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the
following new item:/
/`Part III. Recovery Zone Bonds.'./
/ (c) Effective Date- The amendments made by this section shall
apply to obligations issued after the date of the enactment of
this Act./
/SEC. 1402. TRIBAL ECONOMIC DEVELOPMENT BONDS./
/ (a) In General- Section 7871 is amended by adding at the end the
following new subsection:/
/ `(f) Tribal Economic Development Bonds- /
/ `(1) ALLOCATION OF LIMITATION- /
/ `(A) IN GENERAL- The Secretary shall allocate the
national tribal economic development bond limitation
among the Indian tribal governments in such manner as
the Secretary, in consultation with the Secretary of
the Interior, determines appropriate./
/ `(B) NATIONAL LIMITATION- There is a national tribal
economic development bond limitation of $2,000,000,000./
/ `(2) BONDS TREATED AS EXEMPT FROM TAX- In the case of a
tribal economic development bond--/
/ `(A) notwithstanding subsection (c), such bond shall
be treated for purposes of this title in the same
manner as if such bond were issued by a State,/
/ `(B) the Indian tribal government issuing such bond
and any instrumentality of such Indian tribal
government shall be treated as a State for purposes of
section 141, and/
/ `(C) section 146 shall not apply./
/ `(3) TRIBAL ECONOMIC DEVELOPMENT BOND- /
/ `(A) IN GENERAL- For purposes of this section, the
term `tribal economic development bond' means any bond
issued by an Indian tribal government--/
/ `(i) the interest on which would be exempt
from tax under section 103 if issued by a State
or local government, and/
/ `(ii) which is designated by the Indian tribal
government as a tribal economic development bond
for purposes of this subsection./
/ `(B) EXCEPTIONS- The term tribal economic
development bond shall not include any bond issued as
part of an issue if any portion of the proceeds of
such issue are used to finance--/
/ `(i) any portion of a building in which class
II or class III gaming (as defined in section 4
of the Indian Gaming Regulatory Act) is
conducted or housed or any other property
actually used in the conduct of such gaming, or/
/ `(ii) any facility located outside the Indian
reservation (as defined in section 168(j)(6))./
/ `(C) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The
maximum aggregate face amount of bonds which may be
designated by any Indian tribal government under
subparagraph (A) shall not exceed the amount of
national tribal economic development bond limitation
allocated to such government under paragraph (1).'./
/ (b) Study- The Secretary of the Treasury, or the Secretary's
delegate, shall conduct a study of the effects of the amendment
made by subsection (a). Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Treasury, or the
Secretary's delegate, shall report to Congress on the results of
the study conducted under this paragraph, including the
Secretary's recommendations regarding such amendment./
/ (c) Effective Date- The amendment made by subsection (a) shall
apply to obligations issued after the date of the enactment of
this Act./
/SEC. 1403. MODIFICATIONS TO NEW MARKETS TAX CREDIT./
/ (a) Increase in National Limitation- /
/ (1) IN GENERAL- Section 45D(f)(1) is amended--/
/ (A) by striking `and' at the end of subparagraph (C),/
/ (B) by striking `, 2007, 2008, and 2009.' in
subparagraph (D), and inserting `and 2007,', and/
/ (C) by adding at the end the following new
subparagraphs:/
/ `(E) $5,000,000,000 for 2008, and/
/ `(F) $5,000,000,000 for 2009.'./
/ (2) SPECIAL RULE FOR ALLOCATION OF INCREASED 2008
LIMITATION- The amount of the increase in the new markets
tax credit limitation for calendar year 2008 by reason of
the amendments made by subsection (a) shall be allocated in
accordance with section 45D(f)(2) of the Internal Revenue
Code of 1986 to qualified community development entities (as
defined in section 45D(c) of such Code) which--/
/ (A) submitted an allocation application with respect
to calendar year 2008, and/
/ (B)(i) did not receive an allocation for such
calendar year, or/
/ (ii) received an allocation for such calendar year
in an amount less than the amount requested in the
allocation application./
/ (b) Alternative Minimum Tax Relief- /
/ (1) IN GENERAL- Section 38(c)(4)(B) is amended by
redesignating clauses (v) through (viii) as clauses (vi)
through (ix), respectively, and by inserting after clause
(iv) the following new clause:/
/ `(v) the credit determined under section 45D
to the extent that such credit is attributable
to a qualified equity investment which is
designated as such under section 45D(b)(1)(C)
pursuant to an allocation of the new markets tax
credit limitation for calendar year 2009,'./
/ (2) EFFECTIVE DATE- The amendments made by this subsection
shall apply to credits determined under section 45D of the
Internal Revenue Code of 1986 in taxable years ending after
the date of the enactment of this Act, and to carrybacks of
such credits./
/Subtitle F--Infrastructure Financing Tools/
//PART I--IMPROVED MARKETABILITY FOR TAX-EXEMPT BONDS//
/SEC. 1501. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT
INTEREST EXPENSE OF FINANCIAL INSTITUTIONS./
/ (a) In General- Subsection (b) of section 265 is amended by
adding at the end the following new paragraph:/
/ `(7) DE MINIMIS EXCEPTION FOR BONDS ISSUED DURING 2009 OR
2010- /
/ `(A) IN GENERAL- In applying paragraph (2)(A), there
shall not be taken into account tax-exempt obligations
issued during 2009 or 2010./
/ `(B) LIMITATION- The amount of tax-exempt
obligations not taken into account by reason of
subparagraph (A) shall not exceed 2 percent of the
amount determined under paragraph (2)(B)./
/ `(C) REFUNDINGS- For purposes of this paragraph, a
refunding bond (whether a current or advance
refunding) shall be treated as issued on the date of
the issuance of the refunded bond (or in the case of a
series of refundings, the original bond).'./
/ (b) Treatment as Financial Institution Preference Item- Clause
(iv) of section 291(e)(1)(B) is amended by adding at the end the
following: `That portion of any obligation not taken into account
under paragraph (2)(A) of section 265(b) by reason of paragraph
(7) of such section shall be treated for purposes of this section
as having been acquired on August 7, 1986.'./
/ (c) Effective Date- The amendments made by this section shall
apply to obligations issued after December 31, 2008./
/SEC. 1502. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT
INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS./
/ (a) In General- Paragraph (3) of section 265(b) (relating to
exception for certain tax-exempt obligations) is amended by adding
at the end the following new subparagraph:/
/ `(G) SPECIAL RULES FOR OBLIGATIONS ISSUED DURING
2009 AND 2010- /
/ `(i) INCREASE IN LIMITATION- In the case of
obligations issued during 2009 or 2010,
subparagraphs (C)(i), (D)(i), and (D)(iii)(II)
shall each be applied by substituting
`$30,000,000' for `$10,000,000'./
/ `(ii) QUALIFIED 501(C)(3) BONDS TREATED AS
ISSUED BY EXEMPT ORGANIZATION- In the case of a
qualified 501(c)(3) bond (as defined in section
145) issued during 2009 or 2010, this paragraph
shall be applied by treating the 501(c)(3)
organization for whose benefit such bond was
issued as the issuer./
/ `(iii) SPECIAL RULE FOR QUALIFIED FINANCINGS-
In the case of a qualified financing issue
issued during 2009 or 2010--/
/ `(I) subparagraph (F) shall not apply, and/
/ `(II) any obligation issued as a part of
such issue shall be treated as a qualified
tax-exempt obligation if the requirements
of this paragraph are met with respect to
each qualified portion of the issue
(determined by treating each qualified
portion as a separate issue which is
issued by the qualified borrower with
respect to which such portion relates)./
/ `(iv) QUALIFIED FINANCING ISSUE- For purposes
of this subparagraph, the term `qualified
financing issue' means any composite, pooled, or
other conduit financing issue the proceeds of
which are used directly or indirectly to make or
finance loans to 1 or more ultimate borrowers
each of whom is a qualified borrower./
/ `(v) QUALIFIED PORTION- For purposes of this
subparagraph, the term `qualified portion' means
that portion of the proceeds which are used with
respect to each qualified borrower under the issue./
/ `(vi) QUALIFIED BORROWER- For purposes of this
subparagraph, the term `qualified borrower'
means a borrower which is a State or political
subdivision thereof or an organization described
in section 501(c)(3) and exempt from taxation
under section 501(a).'./
/ (b) Effective Date- The amendment made by this section shall
apply to obligations issued after December 31, 2008./
/SEC. 1503. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX
LIMITATIONS ON TAX-EXEMPT BONDS./
/ (a) Interest on Private Activity Bonds Issued During 2009 and
2010 Not Treated as Tax Preference Item- Subparagraph (C) of
section 57(a)(5) is amended by adding at the end a new clause:/
/ `(vi) EXCEPTION FOR BONDS ISSUED IN 2009 AND
2010- For purposes of clause (i), the term
`private activity bond' shall not include any
bond issued after December 31, 2008, and before
January 1, 2011. For purposes of the preceding
sentence, a refunding bond (whether a current or
advance refunding) shall be treated as issued on
the date of the issuance of the refunded bond
(or in the case of a series of refundings, the
original bond).'./
/ (b) No Adjustment to Adjusted Current Earnings for Interest on
Tax-Exempt Bonds Issued During 2009 and 2010- Subparagraph (B) of
section 56(g)(4) is amended by adding at the end the following new
clause:/
/ `(iv) TAX EXEMPT INTEREST ON BONDS ISSUED IN
2009 AND 2010- Clause (i) shall not apply in the
case of any interest on a bond issued after
December 31, 2008, and before January 1, 2011.
For purposes of the preceding sentence, a
refunding bond (whether a current or advance
refunding) shall be treated as issued on the
date of the issuance of the refunded bond (or in
the case of a series of refundings, the original
bond).'./
/ (c) Effective Date- The amendments made by this section shall
apply to obligations issued after December 31, 2008./
/SEC. 1504. MODIFICATION TO HIGH SPEED INTERCITY RAIL FACILITY BONDS./
/ (a) In General- Paragraph (1) of section 142(i) is amended by
striking `operate at speeds in excess of' and inserting `be
capable of attaining a maximum speed in excess of'./
/ (b) Effective Date- The amendment made by this section shall
apply to bonds issued after the date of the enactment of this Act./
//PART II--DELAY IN APPLICATION OF WITHHOLDING TAX ON GOVERNMENT
CONTRACTORS//
/SEC. 1511. DELAY IN APPLICATION OF WITHHOLDING TAX ON GOVERNMENT
CONTRACTORS./
/ Subsection (b) of section 511 of the Tax Increase Prevention and
Reconciliation Act of 2005 is amended by striking `December 31,
2010' and inserting `December 31, 2011'./
//PART III--TAX CREDIT BONDS FOR SCHOOLS//
/SEC. 1521. QUALIFIED SCHOOL CONSTRUCTION BONDS./
/ (a) In General- Subpart I of part IV of subchapter A of chapter
1 is amended by adding at the end the following new section:/
/`SEC. 54F. QUALIFIED SCHOOL CONSTRUCTION BONDS./
/ `(a) Qualified School Construction Bond- For purposes of this
subchapter, the term `qualified school construction bond' means
any bond issued as part of an issue if--/
/ `(1) 100 percent of the available project proceeds of such
issue are to be used for the construction, rehabilitation,
or repair of a public school facility or for the acquisition
of land on which such a facility is to be constructed with
part of the proceeds of such issue,/
/ `(2) the bond is issued by a State or local government
within the jurisdiction of which such school is located, and/
/ `(3) the issuer designates such bond for purposes of this
section./
/ `(b) Limitation on Amount of Bonds Designated- The maximum
aggregate face amount of bonds issued during any calendar year
which may be designated under subsection (a) by any issuer shall
not exceed the limitation amount allocated under subsection (d)
for such calendar year to such issuer./
/ `(c) National Limitation on Amount of Bonds Designated- There is
a national qualified school construction bond limitation for each
calendar year. Such limitation is--/
/ `(1) $5,000,000,000 for 2009,/
/ `(2) $5,000,000,000 for 2010, and/
/ `(3) except as provided in subsection (e), zero after 2010./
/ `(d) Limitation Allocated Among States- /
/ `(1) IN GENERAL- The limitation applicable under
subsection (c) for any calendar year shall be allocated by
the Secretary among the States in proportion to the
respective numbers of children in each State who have
attained age 5 but not age 18 for the most recent fiscal
year ending before such calendar year. The limitation amount
allocated to a State under the preceding sentence shall be
allocated by the State to issuers within such State./
/ `(2) MINIMUM ALLOCATIONS TO STATES- /
/ `(A) IN GENERAL- The Secretary shall adjust the
allocations under this subsection for any calendar
year for each State to the extent necessary to ensure
that the amount allocated to such State under this
subsection for such year is not less than an amount
equal to such State's adjusted minimum percentage of
the amount to be allocated under paragraph (1) for the
calendar year./
/ `(B) MINIMUM PERCENTAGE- A State's minimum
percentage for any calendar year is equal to the
product of--/
/ `(i) the quotient of--/
/ `(I) the amount the State is eligible to
receive under section 1124(d) of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6333(d)) for the most
recent fiscal year ending before such
calendar year, divided by/
/ `(II) the amount all States are eligible
to receive under section 1124 of such Act
(20 U.S.C. 6333) for such fiscal year,
multiplied by/
/ `(ii) 100./
/ `(3) ALLOCATIONS TO CERTAIN POSSESSIONS- The amount to be
allocated under paragraph (1) to any possession of the
United States other than Puerto Rico shall be the amount
which would have been allocated if all allocations under
paragraph (1) were made on the basis of respective
populations of individuals below the poverty line (as
defined by the Office of Management and Budget). In making
other allocations, the amount to be allocated under
paragraph (1) shall be reduced by the aggregate amount
allocated under this paragraph to possessions of the United
States./
/ `(4) ALLOCATIONS FOR INDIAN SCHOOLS- In addition to the
amounts otherwise allocated under this subsection,
$200,000,000 for calendar year 2009, and $200,000,000 for
calendar year 2010, shall be allocated by the Secretary of
the Interior for purposes of the construction,
rehabilitation, and repair of schools funded by the Bureau
of Indian Affairs. In the case of amounts allocated under
the preceding sentence, Indian tribal governments (as
defined in section 7701(a)(40)) shall be treated as
qualified issuers for purposes of this subchapter./
/ `(e) Carryover of Unused Limitation- If for any calendar year--/
/ `(1) the amount allocated under subsection (d) to any
State, exceeds/
/ `(2) the amount of bonds issued during such year which are
designated under subsection (a) pursuant to such allocation,/
/the limitation amount under such subsection for such State for
the following calendar year shall be increased by the amount of
such excess. A similar rule shall apply to the amounts allocated
under subsection (d)(4).'./
/ (b) Conforming Amendments- /
/ (1) Paragraph (1) of section 54A(d) is amended by striking
`or' at the end of subparagraph (C), by inserting `or' at
the end of subparagraph (D), and by inserting after
subparagraph (D) the following new subparagraph:/
/ `(E) a qualified school construction bond,'./
/ (2) Subparagraph (C) of section 54A(d)(2) is amended by
striking `and' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting `, and', and
by adding at the end the following new clause:/
/ `(v) in the case of a qualified school
construction bond, a purpose specified in
section 54F(a)(1).'./
/ (3) The table of sections for subpart I of part IV of
subchapter A of chapter 1 is amended by adding at the end
the following new item:/
/`Sec. 54F. Qualified school construction bonds.'./
/ (c) Effective Date- The amendments made by this section shall
apply to obligations issued after the date of the enactment of
this Act./
/SEC. 1522. EXTENSION AND EXPANSION OF QUALIFIED ZONE ACADEMY BONDS./
/ (a) In General- Section 54E(c)(1) is amended by striking `and
2009' and inserting `and $1,400,000,000 for 2009 and 2010'./
/ (b) Effective Date- The amendment made by this section shall
apply to obligations issued after December 31, 2008./
//PART IV--BUILD AMERICA BONDS//
/SEC. 1531. BUILD AMERICA BONDS./
/ (a) In General- Part IV of subchapter A of chapter 1 is amended
by adding at the end the following new subpart:/
//`Subpart J--Build America Bonds//
/`Sec. 54AA. Build America bonds./
/`SEC. 54AA. BUILD AMERICA BONDS./
/ `(a) In General- If a taxpayer holds a build America bond on one
or more interest payment dates of the bond during any taxable
year, there shall be allowed as a credit against the tax imposed
by this chapter for the taxable year an amount equal to the sum of
the credits determined under subsection (b) with respect to such
dates./
/ `(b) Amount of Credit- The amount of the credit determined under
this subsection with respect to any interest payment date for a
build America bond is 35 percent of the amount of interest payable
by the issuer with respect to such date (40 percent in the case of
an issuer described in section 148(f)(4)(D) (determined without
regard to clauses (v), (vi), and (vii) thereof and by substituting
`$30,000,000' for `$5,000,000' each place it appears therein)./
/ `(c) Limitation Based on Amount of Tax- /
/ `(1) IN GENERAL- The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--/
/ `(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over/
/ `(B) the sum of the credits allowable under this
part (other than subpart C and this subpart)./
/ `(2) CARRYOVER OF UNUSED CREDIT- If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year
(determined before the application of paragraph (1) for such
succeeding taxable year)./
/ `(d) Build America Bond- /
/ `(1) IN GENERAL- For purposes of this section, the term
`build America bond' means any obligation (other than a
private activity bond) if--/
/ `(A) the interest on such obligation would (but for
this section) be excludable from gross income under
section 103,/
/ `(B) such obligation is issued before January 1,
2011, and/
/ `(C) the issuer makes an irrevocable election to
have this section apply./
/ `(2) APPLICABLE RULES- For purposes of applying paragraph
(1)--/
/ `(A) for purposes of section 149(b), a build America
bond shall not be treated as federally guaranteed by
reason of the credit allowed under subsection (a) or
section 6431,/
/ `(B) for purposes of section 148, the yield on a
build America bond shall be determined without regard
to the credit allowed under subsection (a), and/
/ `(C) a bond shall not be treated as a build America
bond if the issue price has more than a de minimis
amount (determined under rules similar to the rules of
section 1273(a)(3)) of premium over the stated
principal amount of the bond./
/ `(e) Interest Payment Date- For purposes of this section, the
term `interest payment date' means any date on which the holder of
record of the build America bond is entitled to a payment of
interest under such bond./
/ `(f) Special Rules- /
/ `(1) INTEREST ON BUILD AMERICA BONDS INCLUDIBLE IN GROSS
INCOME FOR FEDERAL INCOME TAX PURPOSES- For purposes of this
title, interest on any build America bond shall be
includible in gross income./
/ `(2) APPLICATION OF CERTAIN RULES- Rules similar to the
rules of subsections (f), (g), (h), and (i) of section 54A
shall apply for purposes of the credit allowed under
subsection (a)./
/ `(g) Special Rule for Qualified Bonds Issued Before 2011- In the
case of a qualified bond issued before January 1, 2011--/
/ `(1) ISSUER ALLOWED REFUNDABLE CREDIT- In lieu of any
credit allowed under this section with respect to such bond,
the issuer of such bond shall be allowed a credit as
provided in section 6431./
/ `(2) QUALIFIED BOND- For purposes of this subsection, the
term `qualified bond' means any build America bond issued as
part of an issue if--/
/ `(A) 100 percent of the available project proceeds
(as defined in section 54A) of such issue are to be
used for capital expenditures, and/
/ `(B) the issuer makes an irrevocable election to
have this subsection apply./
/ `(h) Regulations- The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out
this section and section 6431.'./
/ (b) Credit for Qualified Bonds Issued Before 2011- Subchapter B
of chapter 65 is amended by adding at the end the following new
section:/
/`SEC. 6431. CREDIT FOR QUALIFIED BONDS ALLOWED TO ISSUER./
/ `(a) In General- In the case of a qualified bond issued before
January 1, 2011, the issuer of such bond shall be allowed a credit
with respect to each interest payment under such bond which shall
be payable by the Secretary as provided in subsection (b)./
/ `(b) Payment of Credit- The Secretary shall pay
(contemporaneously with each interest payment date under such
bond) to the issuer of such bond (or to any person who makes such
interest payments on behalf of the issuer) 35 percent of the
interest payable under such bond on such date (40 percent in the
case of an issuer described in section 148(f)(4)(D) (determined
without regard to clauses (v), (vi), and (vii) thereof and by
substituting `$30,000,000' for `$5,000,000' each place it appears
therein)./
/ `(c) Application of Arbitrage Rules- For purposes of section
148, the yield on a qualified bond shall be reduced by the credit
allowed under this section./
/ `(d) Interest Payment Date- For purposes of this subsection, the
term `interest payment date' means each date on which interest is
payable by the issuer under the terms of the bond./
/ `(e) Qualified Bond- For purposes of this subsection, the term
`qualified bond' has the meaning given such term in section
54AA(g).'./
/ (c) Conforming Amendments- /
/ (1) Section 1324(b)(2) of title 31, United States Code, is
amended by striking `or 6428' and inserting `6428, or 6431,'./
/ (2) Section 54A(c)(1)(B) is amended by striking `subpart
C' and inserting `subparts C and J'./
/ (3) Sections 54(c)(2), 1397E(c)(2), and 1400N(l)(3)(B) are
each amended by striking `and I' and inserting `, I, and J'./
/ (4) Section 6401(b)(1) is amended by striking `and I' and
inserting `I, and J'./
/ (5) The table of subparts for part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
item:/
/`Subpart J. Build America bonds.'./
/ (6) The table of section for subchapter B of chapter 65 is
amended by adding at the end the following new item:/
/`Sec. 6431. Credit for qualified bonds allowed to issuer.'./
/ (d) Transitional Coordination With State Law- Except as
otherwise provided by a State after the date of the enactment of
this Act, the interest on any build America bond (as defined in
section 54AA of the Internal Revenue Code of 1986, as added by
this section) and the amount of any credit determined under such
section with respect to such bond shall be treated for purposes of
the income tax laws of such State as being exempt from Federal
income tax./
/ (e) Effective Date- The amendments made by this section shall
apply to obligations issued after the date of the enactment of
this Act./
/Subtitle G--Economic Recovery Payments to Certain Individuals/
/SEC. 1601. ECONOMIC RECOVERY PAYMENT TO RECIPIENTS OF SOCIAL
SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT
BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS./
/ (a) Authority to Make Payments- /
/ (1) ELIGIBILITY- /
/ (A) IN GENERAL- Subject to paragraph (5)(B), the
Secretary of the Treasury shall make a $300 payment to
each individual who, for any month during the 3-month
period ending with the month which ends prior to the
month that includes the date of the enactment of this
Act, is entitled to a benefit payment described in
clause (i), (ii), or (iii) of subparagraph (B) or is
eligible for a SSI cash benefit described in
subparagraph (C)./
/ (B) BENEFIT PAYMENT DESCRIBED- For purposes of
subparagraph (A):/
/ (i) TITLE II BENEFIT- A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--/
/ (I) section 202(a) of such Act (42
U.S.C. 402(a));/
/ (II) section 202(b) of such Act (42
U.S.C. 402(b));/
/ (III) section 202(c) of such Act (42
U.S.C. 402(c));/
/ (IV) section 202(d)(1)(B)(ii) of such
Act (42 U.S.C. 402(d)(1)(B)(ii));/
/ (V) section 202(e) of such Act (42
U.S.C. 402(e));/
/ (VI) section 202(f) of such Act (42
U.S.C. 402(f));/
/ (VII) section 202(g) of such Act (42
U.S.C. 402(g));/
/ (VIII) section 202(h) of such Act (42
U.S.C. 402(h));/
/ (IX) section 223(a) of such Act (42
U.S.C. 423(a));/
/ (X) section 227 of such Act (42 U.S.C.
427); or/
/ (XI) section 228 of such Act (42 U.S.C.
428)./
/ (ii) RAILROAD RETIREMENT BENEFIT- A benefit
payment described in this clause is a monthly
annuity or pension payment payable (without
regard to section 5(a)(ii) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))
under--/
/ (I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));/
/ (II) section 2(c) of such Act (45 U.S.C.
231a(c));/
/ (III) section 2(d)(1)(i) of such Act (45
U.S.C. 231a(d)(1)(i));/
/ (IV) section 2(d)(1)(ii) of such Act (45
U.S.C. 231a(d)(1)(ii));/
/ (V) section 2(d)(1)(iii)(C) of such Act
to an adult disabled child (45 U.S.C.
231a(d)(1)(iii)(C));/
/ (VI) section 2(d)(1)(iv) of such Act (45
U.S.C. 231a(d)(1)(iv));/
/ (VII) section 2(d)(1)(v) of such Act (45
U.S.C. 231a(d)(1)(v)); or/
/ (VIII) section 7(b)(2) of such Act (45
U.S.C. 231f(b)(2)) with respect to any of
the benefit payments described in clause
(i) of this subparagraph./
/ (iii) VETERANS BENEFIT- A benefit payment
described in this clause is a compensation or
pension payment payable under--/
/ (I) section 1110, 1117, 1121, 1131,
1141, or 1151 of title 38, United States
Code;/
/ (II) section 1310, 1312, 1313, 1315,
1316, or 1318 of title 38, United States
Code;/
/ (III) section 1513, 1521, 1533, 1536,
1537, 1541, 1542, or 1562 of title 38,
United States Code; or/
/ (IV) section 1805, 1815, or 1821 of
title 38, United States Code,/
/to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code, who received that benefit
during any month within the 3 month period
ending with the month which ends prior to the
month that includes the date of the enactment of
this Act./
/ (C) SSI CASH BENEFIT DESCRIBED- A SSI cash benefit
described in this subparagraph is a cash benefit
payable under section 1611 (other than under
subsection (e)(1)(B) of such section) or 1619(a) of
the Social Security Act (42 U.S.C. 1382, 1382h)./
/ (2) REQUIREMENT- A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States,
the District of Columbia, Puerto Rico, Guam, the United
States Virgin Islands, American Samoa, or the Northern
Mariana Islands. For purposes of the preceding sentence, the
determination of the individual's residence shall be based
on the current address of record under a program specified
in paragraph (1)./
/ (3) NO DOUBLE PAYMENTS- An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1
benefit or cash payment described in paragraph (1)./
/ (4) LIMITATION- A payment under this section shall not be
made--/
/ (A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if, for the most recent month of such
individual's entitlement in the 3-month period
described in paragraph (1), such individual's benefit
under such paragraph was not payable by reason of
subsection (x) or (y) of section 202 the Social
Security Act (42 U.S.C. 402) or section 1129A of such
Act (42 U.S.C. 1320a-8a);/
/ (B) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(iii) if, for the
most recent month of such individual's entitlement in
the 3 month period described in paragraph (1), such
individual's benefit under such paragraph was not
payable, or was reduced, by reason of section 1505,
5313, or 5313B of title 38, United States Code;/
/ (C) in the case of an individual entitled to a
benefit specified in paragraph (1)(C) if, for such
most recent month, such individual's benefit under
such paragraph was not payable by reason of subsection
(e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382)
or section 1129A of such Act (42 U.S.C. 1320a-8a); or/
/ (D) in the case of any individual whose date of
death occurs before the date on which the individual
is certified under subsection (b) to receive a payment
under this section./
/ (5) TIMING AND MANNER OF PAYMENTS- /
/ (A) IN GENERAL- The Secretary of the Treasury shall
commence making payments under this section at the
earliest practicable date but in no event later than
120 days after the date of enactment of this Act. The
Secretary of the Treasury may make any payment
electronically to an individual in such manner as if
such payment was a benefit payment or cash benefit to
such individual under the applicable program described
in subparagraph (B) or (C) of paragraph (1)./
/ (B) DEADLINE- No payments shall be made under this
section after December 31, 2010, regardless of any
determinations of entitlement to, or eligibility for,
such payments made after such date./
/ (b) Identification of Recipients- The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of
Veterans Affairs shall certify the individuals entitled to receive
payments under this section and provide the Secretary of the
Treasury with the information needed to disburse such payments. A
certification of an individual shall be unaffected by any
subsequent determination or redetermination of the individual's
entitlement to, or eligibility for, a benefit specified in
subparagraph (B) or (C) of subsection (a)(1)./
/ (c) Treatment of Payments- /
/ (1) PAYMENT TO BE DISREGARDED FOR PURPOSES OF ALL FEDERAL
AND FEDERALLY ASSISTED PROGRAMS- A payment under subsection
(a) shall not be regarded as income and shall not be
regarded as a resource for the month of receipt and the
following 9 months, for purposes of determining the
eligibility of the recipient (or the recipient's spouse or
family) for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or
under any State or local program financed in whole or in
part with Federal funds./
/ (2) PAYMENT NOT CONSIDERED INCOME FOR PURPOSES OF
TAXATION- A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal
Revenue Code of 1986./
/ (3) PAYMENTS PROTECTED FROM ASSIGNMENT- The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301
of title 38, United States Code, shall apply to any payment
made under subsection (a) as if such payment was a benefit
payment or cash benefit to such individual under the
applicable program described in subparagraph (B) or (C) of
subsection (a)(1)./
/ (4) PAYMENTS SUBJECT TO OFFSET- Notwithstanding paragraph
(3), for purposes of section 3716 of title 31, United States
Code, any payment made under this section shall not be
considered a benefit payment or cash benefit made under the
applicable program described in subparagraph (B) or (C) of
subsection (a)(1) and all amounts paid shall be subject to
offset to collect delinquent debts./
/ (d) Payment to Representative Payees and Fiduciaries- /
/ (1) IN GENERAL- In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary,
the payment under subsection (a) shall be made to the
individual's representative payee or fiduciary and the
entire payment shall be used only for the benefit of the
individual who is entitled to the payment./
/ (2) APPLICABILITY- /
/ (A) PAYMENT ON THE BASIS OF A TITLE II OR SSI
BENEFIT- Section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
made on the basis of an entitlement to a benefit
specified in paragraph (1)(B)(i) or (1)(C) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act./
/ (B) PAYMENT ON THE BASIS OF A RAILROAD RETIREMENT
BENEFIT- Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act./
/ (C) PAYMENT ON THE BASIS OF A VETERANS BENEFIT-
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title./
/ (e) Appropriation- Out of any sums in the Treasury of the United
States not otherwise appropriated, the following sums are
appropriated for the period of fiscal years 2009 and 2010 to carry
out this section:/
/ (1) For the Secretary of the Treasury--/
/ (A) such sums as may be necessary to make payments
under this section; and/
/ (B) $57,000,000 for administrative costs incurred in
carrying out this section and section 36A of the
Internal Revenue Code of 1986 (as added by this Act)./
/ (2) For the Commissioner of Social Security, $90,000,000
for the Social Security Administration's Limitation on
Administrative Expenses for costs incurred in carrying out
this section./
/ (3) For the Railroad Retirement Board, $1,000,000 for
administrative costs incurred in carrying out this section./
/ (4) For the Secretary of Veterans Affairs, $100,000 for
the Information Systems Technology account and $7,100,000
for the General Operating Expenses account for
administrative costs incurred in carrying out this section./
/Subtitle H--Trade Adjustment Assistance/
/SEC. 1701. TEMPORARY EXTENSION OF TRADE ADJUSTMENT ASSISTANCE
PROGRAM./
/ (a) Assistance for Workers- /
/ (1) IN GENERAL- Section 245(a) of the Trade Act of 1974
(19 U.S.C. 2317(a)) is amended by striking `December 31,
2007' and inserting `December 31, 2010'./
/ (2) ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE- Section
246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is
amended by striking `5 years' and inserting `7 years'./
/ (b) Assistance for Firms- Section 256(b) of the Trade Act of
1974 (19 U.S.C. 2346(b)) is amended by striking `2007, and
$4,000,000 for the 3-month period beginning on October 1, 2007,'
and inserting `December 31, 2010'./
/ (c) Assistance for Farmers- Section 298(a) of the Trade Act of
1974 (19 U.S.C. 2401g(a)) is amended by striking `through 2007'
and all that follows through the end period and inserting `through
December 31, 2010 to carry out the purposes of this chapter.'./
/ (d) Extension of Termination Dates- Section 285 of the Trade Act
of 1974 (19 U.S.C. 2271 note) is amended by striking `December 31,
2007' each place it appears and inserting `December 31, 2010'./
/ (e) Sense of the Senate Regarding Adjustment Assistance for
Communities- It is the sense of the Senate that title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.) should be amended to
assist any community impacted by trade with economic adjustment
through--/
/ (1) the coordination of efforts by State and local
governments and economic organizations;/
/ (2) the coordination of Federal, State, and local resources;/
/ (3) the creation of community-based development
strategies; and/
/ (4) the development and provision of training programs./
/ (f) Effective Date- The amendments made by this section shall be
effective as of January 1, 2008./
/Subtitle I--Prohibition on Collection of Certain Payments Made
Under the Continued Dumping and Subsidy Offset Act of 2000/
/SEC. 1801. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE
UNDER THE CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000./
/ (a) In General- Notwithstanding any other provision of law,
neither the Secretary of Homeland Security nor any other person may--/
/ (1) require repayment of, or attempt in any other way to
recoup, any payments described in subsection (b); or/
/ (2) offset any past, current, or future distributions of
antidumping or countervailing duties assessed with respect
to imports from countries that are not parties to the North
American Free Trade Agreement in an attempt to recoup any
payments described in subsection (b)./
/ (b) Payments Described- Payments described in this subsection
are payments of antidumping or countervailing duties made pursuant
to the Continued Dumping and Subsidy Offset Act of 2000 (section
754 of the Tariff Act of 1930 (19 U.S.C. 1675c; repealed by
subtitle F of title VII of the Deficit Reduction Act of 2005
(Public Law 109-171; 120 Stat. 154))) that were--/
/ (1) assessed and paid on imports of goods from countries
that are parties to the North American Free Trade Agreement;
and/
/ (2) distributed on or after January 1, 2001, and before
January 1, 2006./
/ (c) Payment of Funds Collected or Withheld- Not later than the
date that is 60 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall--/
/ (1) refund any repayments, or any other recoupment, of
payments described in subsection (b); and/
/ (2) fully distribute any antidumping or countervailing
duties that the U.S. Customs and Border Protection is
withholding as an offset as described in subsection (a)(2)./
/ (d) Limitation- Nothing in this section shall be construed to
prevent the Secretary of Homeland Security, or any other person,
from requiring repayment of, or attempting to otherwise recoup,
any payments described in subsection (b) as a result of--/
/ (1) a finding of false statements or other misconduct by a
recipient of such a payment; or/
/ (2) the reliquidation of an entry with respect to which
such a payment was made./
/Subtitle J--Other Provisions/
/SEC. 1901. APPLICATION OF CERTAIN LABOR STANDARDS TO PROJECTS
FINANCED WITH CERTAIN TAX-FAVORED BONDS./
/ Subchapter IV of chapter 31 of the title 40, United States Code,
shall apply to projects financed with the proceeds of--/
/ (1) any new clean renewable energy bond (as defined in
section 54C of the Internal Revenue Code of 1986) issued
after the date of the enactment of this Act,/
/ (2) any qualified energy conservation bond (as defined in
section 54D of the Internal Revenue Code of 1986) issued
after the date of the enactment of this Act,/
/ (3) any qualified zone academy bond (as defined in section
54E of the Internal Revenue Code of 1986) issued after the
date of the enactment of this Act,/
/ (4) any qualified school construction bond (as defined in
section 54F of the Internal Revenue Code of 1986), and/
/ (5) any recovery zone economic development bond (as
defined in section 1400U-2 of the Internal Revenue Code of
1986)./
/SEC. 1902. INCREASE IN PUBLIC DEBT LIMIT./
/ Subsection (b) of section 3101 of title 31, United States Code,
is amended by striking out the dollar limitation contained in such
subsection and inserting `$12,140,000,000,000'./
/SEC. 1903. ELECTION TO ACCELERATE THE LOW-INCOME HOUSING TAX CREDIT./
/ (a) In General- At the election of the taxpayer, the credit
determined under section 42 of the Internal Revenue Code of 1986
for the taxpayer's first three taxable years beginning after
December 31, 2008, in which credits are allowable for any
non-federally subsidized low-income housing project initially
placed in service after such date--/
/ (1) with respect to initial investments made pursuant to a
binding agreement by such taxpayer after December 31, 2008,
and before January 1, 2011, and/
/ (2) only from allocations of a State housing credit
ceiling before 2011,/
/shall be 200 percent of the amount which would (but for this
subsection) be so allowable./
/ (b) Eligibility for Election- The election under subsection (a)
shall take effect with respect to the first taxable year referred
to in such subsection only when all rental requirements pursuant
to section 42(g)(1) of the Internal Revenue Code of 1986 have been
met with respect to such low-income housing project./
/ (c) Reduction in Aggregate Credit to Reflect Accelerated Credit-
The aggregate credit allowable to any taxpayer under section 42 of
the Internal Revenue Code of 1986 with respect to any investment
for taxable years after the first three taxable years referred to
in subsection (a) shall be reduced on a pro rata basis by the
amount of the increased credit allowable by reason of subsection
(a) with respect to such first three taxable years. The preceding
sentence shall not be construed to affect whether any taxable year
is part of the credit, compliance, or extended use periods under
such section 42./
/ (d) Election- The election under subsection (a) shall be made at
the time and in the manner prescribed by the Secretary of the
Treasury or the Secretary's delegate, and, once made, shall be
irrevocable. In the case of a partnership, such election shall be
made by the partnership./
/TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING
FAMILIES/
/SEC. 2000. SHORT TITLE; TABLE OF CONTENTS./
/ (a) Short Title- This title may be cited as the `Assistance for
Unemployed Workers and Struggling Families Act'./
/ (b) Table of Contents- The table of contents for this title is
as follows:/
/TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES/
/Sec. 2000. Short title; table of contents./
/Subtitle A--Unemployment Insurance/
/Sec. 2001. Extension of emergency unemployment compensation
program./
/Sec. 2002. Increase in unemployment compensation benefits./
/Sec. 2003. Unemployment compensation modernization./
/Sec. 2004. Temporary assistance for States with advances./
/Subtitle B--Assistance for Vulnerable Individuals/
/Sec. 2101. Emergency fund for TANF program./
/Sec. 2102. Extension of TANF supplemental grants./
/Sec. 2103. Clarification of authority of states to use tanf
funds carried over from prior years to provide tanf benefits
and services./
/Sec. 2104. Temporary reinstatement of authority to provide
Federal matching payments for State spending of child
support incentive payments./
/Subtitle A--Unemployment Insurance/
/SEC. 2001. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM./
/ (a) In General- Section 4007 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by
section 4 of the Unemployment Compensation Extension Act of 2008
(Public Law 110-449; 122 Stat. 5015), is amended--/
/ (1) by striking `March 31, 2009' each place it appears and
inserting `December 31, 2009';/
/ (2) in the heading for subsection (b)(2), by striking
`MARCH 31, 2009' and inserting `DECEMBER 31, 2009'; and/
/ (3) in subsection (b)(3), by striking `August 27, 2009'
and inserting `May 31, 2010'./
/ (b) Financing Provisions- Section 4004 of such Act is amended by
adding at the end the following:/
/ `(e) Transfer of Funds- Notwithstanding any other provision of
law, the Secretary of the Treasury shall transfer from the general
fund of the Treasury (from funds not otherwise appropriated)--/
/ `(1) to the extended unemployment compensation account (as
established by section 905 of the Social Security Act) such
sums as the Secretary of Labor estimates to be necessary to
make payments to States under this title by reason of the
amendments made by section 2001(a) of the Assistance for
Unemployed Workers and Struggling Families Act; and/
/ `(2) to the employment security administration account (as
established by section 901 of the Social Security Act) such
sums as the Secretary of Labor estimates to be necessary for
purposes of assisting States in meeting administrative costs
by reason of the amendments referred to in paragraph (1)./
/There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the
preceding sentence and such sums shall not be required to be
repaid.'./
/SEC. 2002. INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS./
/ (a) Federal-State Agreements- Any State which desires to do so
may enter into and participate in an agreement under this section
with the Secretary of Labor (hereinafter in this section referred
to as the `Secretary'). Any State which is a party to an agreement
under this section may, upon providing 30 days' written notice to
the Secretary, terminate such agreement./
/ (b) Provisions of Agreement- /
/ (1) ADDITIONAL COMPENSATION- Any agreement under this
section shall provide that the State agency of the State
will make payments of regular compensation to individuals in
amounts and to the extent that they would be determined if
the State law of the State were applied, with respect to any
week for which the individual is (disregarding this section)
otherwise entitled under the State law to receive regular
compensation, as if such State law had been modified in a
manner such that the amount of regular compensation
(including dependents' allowances) payable for any week
shall be equal to the amount determined under the State law
(before the application of this paragraph) plus an
additional $25./
/ (2) ALLOWABLE METHODS OF PAYMENT- Any additional
compensation provided for in accordance with paragraph (1)
shall be payable either--/
/ (A) as an amount which is paid at the same time and
in the same manner as any regular compensation
otherwise payable for the week involved; or/
/ (B) at the option of the State, by payments which
are made separately from, but on the same weekly basis
as, any regular compensation otherwise payable./
/ (c) Nonreduction Rule- An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of that
State has been modified in a manner such that--/
/ (1) the average weekly benefit amount of regular
compensation which will be payable during the period of the
agreement (determined disregarding any additional amounts
attributable to the modification described in subsection
(b)(1)) will be less than/
/ (2) the average weekly benefit amount of regular
compensation which would otherwise have been payable during
such period under the State law, as in effect on December
31, 2008./
/ (d) Payments to States- /
/ (1) IN GENERAL- /
/ (A) FULL REIMBURSEMENT- There shall be paid to each
State which has entered into an agreement under this
section an amount equal to 100 percent of--/
/ (i) the total amount of additional
compensation (as described in subsection (b)(1))
paid to individuals by the State pursuant to
such agreement; and/
/ (ii) any additional administrative expenses
incurred by the State by reason of such
agreement (as determined by the Secretary)./
/ (B) TERMS OF PAYMENTS- Sums payable to any State by
reason of such State's having an agreement under this
section shall be payable, either in advance or by way
of reimbursement (as determined by the Secretary), in
such amounts as the Secretary estimates the State will
be entitled to receive under this section for each
calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that
his estimates for any prior calendar month were
greater or less than the amounts which should have
been paid to the State. Such estimates may be made on
the basis of such statistical, sampling, or other
method as may be agreed upon by the Secretary and the
State agency of the State involved./
/ (2) CERTIFICATIONS- The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section./
/ (3) APPROPRIATION- There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such
sums as may be necessary for purposes of this subsection./
/ (e) Applicability- /
/ (1) IN GENERAL- An agreement entered into under this
section shall apply to weeks of unemployment--/
/ (A) beginning after the date on which such agreement
is entered into; and/
/ (B) ending before January 1, 2010./
/ (2) TRANSITION RULE FOR INDIVIDUALS REMAINING ENTITLED TO
REGULAR COMPENSATION AS OF JANUARY 1, 2010- In the case of
any individual who, as of the date specified in paragraph
(1)(B), has not yet exhausted all rights to regular
compensation under the State law of a State with respect to
a benefit year that began before such date, additional
compensation (as described in subsection (b)(1)) shall
continue to be payable to such individual for any week
beginning on or after such date for which the individual is
otherwise eligible for regular compensation with respect to
such benefit year./
/ (3) TERMINATION- Notwithstanding any other provision of
this subsection, no additional compensation (as described in
subsection (b)(1)) shall be payable for any week beginning
after June 30, 2010./
/ (f) Fraud and Overpayments- The provisions of section 4005 of
the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122
Stat. 2356) shall apply with respect to additional compensation
(as described in subsection (b)(1)) to the same extent and in the
same manner as in the case of emergency unemployment compensation./
/ (g) Application to Other Unemployment Benefits- /
/ (1) IN GENERAL- Each agreement under this section shall
include provisions to provide that the purposes of the
preceding provisions of this section shall be applied with
respect to unemployment benefits described in subsection
(i)(3) to the same extent and in the same manner as if those
benefits were regular compensation./
/ (2) ELIGIBILITY AND TERMINATION RULES- Additional
compensation (as described in subsection (b)(1))--/
/ (A) shall not be payable, pursuant to this
subsection, with respect to any unemployment benefits
described in subsection (i)(3) for any week beginning
on or after the date specified in subsection
(e)(1)(B), except in the case of an individual who was
eligible to receive additional compensation (as so
described) in connection with any regular compensation
or any unemployment benefits described in subsection
(i)(3) for any period of unemployment ending before
such date; and/
/ (B) shall in no event be payable for any week
beginning after the date specified in subsection (e)(3)./
/ (h) Disregard of Additional Compensation for Purposes of
Medicaid and SCHIP- A State that enters into an agreement under
this section shall disregard the monthly equivalent of $25 per
week for any individual who receives additional compensation under
subsection (b)(1) in considering the amount of income of the
individual for any purposes under the Medicaid program under title
XIX of the Social Security Act and the State Children's Health
Insurance Program under title XXI of such Act./
/ (i) Definitions- For purposes of this section--/
/ (1) the terms `compensation', `regular compensation',
`benefit year', `State', `State agency', `State law', and
`week' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note);/
/ (2) the term `emergency unemployment compensation' means
emergency unemployment compensation under title IV of the
Supplemental Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2353); and/
/ (3) any reference to unemployment benefits described in
this paragraph shall be considered to refer to--/
/ (A) extended compensation (as defined by section 205
of the Federal-State Extended Unemployment
Compensation Act of 1970); and/
/ (B) unemployment compensation (as defined by section
85(b) of the Internal Revenue Code of 1986) provided
under any program administered by a State under an
agreement with the Secretary./
/SEC. 2003. UNEMPLOYMENT COMPENSATION MODERNIZATION./
/ (a) In General- Section 903 of the Social Security Act (42
U.S.C. 1103) is amended by adding at the end the following:/
/`Special Transfers for Modernization/
/ `(f)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the making of unemployment compensation
modernization incentive payments (hereinafter `incentive
payments') to the accounts of the States in the Unemployment Trust
Fund, by transfer from amounts reserved for that purpose in the
Federal unemployment account, in accordance with succeeding
provisions of this subsection./
/ `(B) The maximum incentive payment allowable under this
subsection with respect to any State shall, as determined by the
Secretary of Labor, be equal to the amount obtained by multiplying
$7,000,000,000 by the same ratio as would apply under subsection
(a)(2)(B) for purposes of determining such State's share of any
excess amount (as described in subsection (a)(1)) that would have
been subject to transfer to State accounts, as of October 1, 2008,
under the provisions of subsection (a)./
/ `(C) Of the maximum incentive payment determined under
subparagraph (B) with respect to a State--/
/ `(i) one-third shall be transferred to the account of such
State upon a certification under paragraph (4)(B) that the
State law of such State meets the requirements of paragraph
(2); and/
/ `(ii) the remainder shall be transferred to the account of
such State upon a certification under paragraph (4)(B) that
the State law of such State meets the requirements of
paragraph (3)./
/ `(2) The State law of a State meets the requirements of this
paragraph if such State law--/
/ `(A) uses a base period that includes the most recently
completed calendar quarter before the start of the benefit
year for purposes of determining eligibility for
unemployment compensation; or/
/ `(B) provides that, in the case of an individual who would
not otherwise be eligible for unemployment compensation
under the State law because of the use of a base period that
does not include the most recently completed calendar
quarter before the start of the benefit year, eligibility
shall be determined using a base period that includes such
calendar quarter./
/ `(3) The State law of a State meets the requirements of this
paragraph if such State law includes provisions to carry out at
least 2 of the following subparagraphs:/
/ `(A) An individual shall not be denied regular
unemployment compensation under any State law provisions
relating to availability for work, active search for work,
or refusal to accept work, solely because such individual is
seeking only part-time (and not full-time) work, except that
the State law provisions carrying out this subparagraph may
exclude an individual if a majority of the weeks of work in
such individual's base period do not include part-time work./
/ `(B) An individual shall not be disqualified from regular
unemployment compensation for separating from employment if
that separation is for any compelling family reason. For
purposes of this subparagraph, the term `compelling family
reason' means the following:/
/ `(i) Domestic violence, verified by such reasonable
and confidential documentation as the State law may
require, which causes the individual reasonably to
believe that such individual's continued employment
would jeopardize the safety of the individual or of
any member of the individual's immediate family (as
defined by the Secretary of Labor)./
/ `(ii) The illness or disability of a member of the
individual's immediate family (as defined by the
Secretary of Labor)./
/ `(iii) The need for the individual to accompany such
individual's spouse--/
/ `(I) to a place from which it is impractical
for such individual to commute; and/
/ `(II) due to a change in location of the
spouse's employment./
/ `(C) Weekly unemployment compensation is payable under
this subparagraph to any individual who is unemployed (as
determined under the State unemployment compensation law),
has exhausted all rights to regular unemployment
compensation under the State law, and is enrolled and making
satisfactory progress in a State-approved training program
or in a job training program authorized under the Workforce
Investment Act of 1998. Such programs shall prepare
individuals who have been separated from a declining
occupation, or who have been involuntarily and indefinitely
separated from employment as a result of a permanent
reduction of operations at the individual's place of
employment, for entry into a high-demand occupation. The
amount of unemployment compensation payable under this
subparagraph to an individual for a week of unemployment
shall be equal to the individual's average weekly benefit
amount (including dependents' allowances) for the most
recent benefit year, and the total amount of unemployment
compensation payable under this subparagraph to any
individual shall be equal to at least 26 times the
individual's average weekly benefit amount (including
dependents' allowances) for the most recent benefit year./
/ `(D) Dependents' allowances are provided, in the case of
any individual who is entitled to receive regular
unemployment compensation and who has any dependents (as
defined by State law), in an amount equal to at least $15
per dependent per week, subject to any aggregate limitation
on such allowances which the State law may establish (but
which aggregate limitation on the total allowance for
dependents paid to an individual may not be less than $50
for each week of unemployment or 50 percent of the
individual's weekly benefit amount for the benefit year,
whichever is less)./
/ `(4)(A) Any State seeking an incentive payment under this
subsection shall submit an application therefor at such time, in
such manner, and complete with such information as the Secretary
of Labor may within 60 days after the date of the enactment of
this subsection prescribe (whether by regulation or otherwise),
including information relating to compliance with the requirements
of paragraph (2) or (3), as well as how the State intends to use
the incentive payment to improve or strengthen the State's
unemployment compensation program. The Secretary of Labor shall,
within 30 days after receiving a complete application, notify the
State agency of the State of the Secretary's findings with respect
to the requirements of paragraph (2) or (3) (or both)./
/ `(B)(i) If the Secretary of Labor finds that the State law
provisions (disregarding any State law provisions which are not
then currently in effect as permanent law or which are subject to
discontinuation) meet the requirements of paragraph (2) or (3), as
the case may be, the Secretary of Labor shall thereupon make a
certification to that effect to the Secretary of the Treasury,
together with a certification as to the amount of the incentive
payment to be transferred to the State account pursuant to that
finding. The Secretary of the Treasury shall make the appropriate
transfer within 7 days after receiving such certification./
/ `(ii) For purposes of clause (i), State law provisions which are
to take effect within 12 months after the date of their
certification under this subparagraph shall be considered to be in
effect as of the date of such certification./
/ `(C)(i) No certification of compliance with the requirements of
paragraph (2) or (3) may be made with respect to any State whose
State law is not otherwise eligible for certification under
section 303 or approvable under section 3304 of the Federal
Unemployment Tax Act./
/ `(ii) No certification of compliance with the requirements of
paragraph (3) may be made with respect to any State whose State
law is not in compliance with the requirements of paragraph (2)./
/ `(iii) No application under subparagraph (A) may be considered
if submitted before the date of the enactment of this subsection
or after the latest date necessary (as specified by the Secretary
of Labor) to ensure that all incentive payments under this
subsection are made before October 1, 2010. In the case of a State
in which the first day of the first regularly scheduled session of
the State legislature beginning after the date of enactment of
this subsection begins after December 31, 2010, the preceding
sentence shall be applied by substituting `October 1, 2011' for
`October 1, 2010'./
/ `(5)(A) Except as provided in subparagraph (B), any amount
transferred to the account of a State under this subsection may be
used by such State only in the payment of cash benefits to
individuals with respect to their unemployment (including for
dependents' allowances and for unemployment compensation under
paragraph (3)(C)), exclusive of expenses of administration./
/ `(B) A State may, subject to the same conditions as set forth in
subsection (c)(2) (excluding subparagraph (B) thereof, and deeming
the reference to `subsections (a) and (b)' in subparagraph (D)
thereof to include this subsection), use any amount transferred to
the account of such State under this subsection for the
administration of its unemployment compensation law and public
employment offices./
/ `(6) Out of any money in the Federal unemployment account not
otherwise appropriated, the Secretary of the Treasury shall
reserve $7,000,000,000 for incentive payments under this
subsection. Any amount so reserved shall not be taken into account
for purposes of any determination under section 902, 910, or 1203
of the amount in the Federal unemployment account as of any given
time. Any amount so reserved for which the Secretary of the
Treasury has not received a certification under paragraph (4)(B)
by the deadline described in paragraph (4)(C)(iii) shall, upon the
close of fiscal year 2011, become unrestricted as to use as part
of the Federal unemployment account./
/ `(7) For purposes of this subsection, the terms `benefit year',
`base period', and `week' have the respective meanings given such
terms under section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note)./
/`Special Transfer in Fiscal Year 2009 for Administration/
/ `(g)(1) In addition to any other amounts, the Secretary of the
Treasury shall transfer from the employment security
administration account to the account of each State in the
Unemployment Trust Fund, within 30 days after the date of the
enactment of this subsection, the amount determined with respect
to such State under paragraph (2)./
/ `(2) The amount to be transferred under this subsection to a
State account shall (as determined by the Secretary of Labor and
certified by such Secretary to the Secretary of the Treasury) be
equal to the amount obtained by multiplying $500,000,000 by the
same ratio as determined under subsection (f)(1)(B) with respect
to such State./
/ `(3) Any amount transferred to the account of a State as a
result of the enactment of this subsection may be used by the
State agency of such State only in the payment of expenses
incurred by it for--/
/ `(A) the administration of the provisions of its State law
carrying out the purposes of subsection (f)(2) or any
subparagraph of subsection (f)(3);/
/ `(B) improved outreach to individuals who might be
eligible for regular unemployment compensation by virtue of
any provisions of the State law which are described in
subparagraph (A);/
/ `(C) the improvement of unemployment benefit and
unemployment tax operations, including responding to
increased demand for unemployment compensation; and/
/ `(D) staff-assisted reemployment services for unemployment
compensation claimants.'./
/ (b) Regulations- The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance necessary
to carry out the amendment made by subsection (a)./
/SEC. 2004. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES./
/ Section 1202(b) of the Social Security Act (42 U.S.C. 1322(b))
is amended by adding at the end the following new paragraph:/
/ `(10)(A) With respect to the period beginning on the date of
enactment of this paragraph and ending on December 31, 2010--/
/ `(i) any interest payment otherwise due from a State under
this subsection during such period shall be deemed to have
been made by the State; and/
/ `(ii) no interest shall accrue on any advance or advances
made under section 1201 to a State during such period./
/ `(B) The provisions of subparagraph (A) shall have no effect on
the requirement for interest payments under this subsection after
the period described in such subparagraph or on the accrual of
interest under this subsection after such period.'./
/Subtitle B--Assistance for Vulnerable Individuals/
/SEC. 2101. EMERGENCY FUND FOR TANF PROGRAM./
/ (a) Temporary Fund- /
/ (1) IN GENERAL- Section 403 of the Social Security Act (42
U.S.C. 603) is amended by adding at the end the following:/
/ `(c) Emergency Fund- /
/ `(1) ESTABLISHMENT- There is established in the Treasury
of the United States a fund which shall be known as the
`Emergency Contingency Fund for State Temporary Assistance
for Needy Families Programs' (in this subsection referred to
as the `Emergency Fund')./
/ `(2) DEPOSITS INTO FUND- /
/ `(A) IN GENERAL- Out of any money in the Treasury of
the United States not otherwise appropriated, there
are appropriated for fiscal year 2009, $3,000,000,000
for payment to the Emergency Fund./
/ `(B) AVAILABILITY AND USE OF FUNDS- The amounts
appropriated to the Emergency Fund under subparagraph
(A) shall remain available through fiscal year 2010
and shall be used to make grants to States in each of
fiscal years 2009 and 2010 in accordance with the
requirements of paragraph (3)./
/ `(C) LIMITATION- In no case may the Secretary make a
grant from the Emergency Fund for a fiscal year after
fiscal year 2010./
/ `(3) GRANTS- /
/ `(A) GRANT RELATED TO CASELOAD INCREASES- /
/ `(i) IN GENERAL- For each calendar quarter in
fiscal year 2009 or 2010, the Secretary shall
make a grant from the Emergency Fund to each
State that--/
/ `(I) requests a grant under this
subparagraph for the quarter; and/
/ `(II) meets the requirement of clause
(ii) for the quarter./
/ `(ii) CASELOAD INCREASE REQUIREMENT- A State
meets the requirement of this clause for a
quarter if the average monthly assistance
caseload of the State for the quarter exceeds
the average monthly assistance caseload of the
State for the corresponding quarter in the
emergency fund base year of the State./
/ `(iii) AMOUNT OF GRANT- Subject to paragraph
(5), the amount of the grant to be made to a
State under this subparagraph for a quarter
shall be 80 percent of the amount (if any) by
which the total expenditures of the State for
basic assistance (as defined by the Secretary)
in the quarter, whether under the State program
funded under this part or as qualified State
expenditures, exceeds the total expenditures of
the State for such assistance for the
corresponding quarter in the emergency fund base
year of the State./
/ `(B) GRANT RELATED TO INCREASED EXPENDITURES FOR
NON-RECURRENT SHORT TERM BENEFITS- /
/ `(i) IN GENERAL- For each calendar quarter in
fiscal year 2009 or 2010, the Secretary shall
make a grant from the Emergency Fund to each
State that--/
/ `(I) requests a grant under this
subparagraph for the quarter; and/
/ `(II) meets the requirement of clause
(ii) for the quarter./
/ `(ii) NON-RECURRENT SHORT TERM EXPENDITURE
REQUIREMENT- A State meets the requirement of
this clause for a quarter if the total
expenditures of the State for non-recurrent
short term benefits in the quarter, whether
under the State program funded under this part
or as qualified State expenditures, exceeds the
total such expenditures of the State for
non-recurrent short term benefits in the
corresponding quarter in the emergency fund base
year of the State./
/ `(iii) AMOUNT OF GRANT- Subject to paragraph
(5), the amount of the grant to be made to a
State under this subparagraph for a quarter
shall be an amount equal to 80 percent of the
excess described in clause (ii)./
/ `(C) GRANT RELATED TO INCREASED EXPENDITURES FOR
SUBSIDIZED EMPLOYMENT- /
/ `(i) IN GENERAL- For each calendar quarter in
fiscal year 2009 or 2010, the Secretary shall
make a grant from the Emergency Fund to each
State that--/
/ `(I) requests a grant under this
subparagraph for the quarter; and/
/ `(II) meets the requirement of clause
(ii) for the quarter./
/ `(ii) SUBSIDIZED EMPLOYMENT EXPENDITURE
REQUIREMENT- A State meets the requirement of
this clause for a quarter if the total
expenditures of the State for subsidized
employment in the quarter, whether under the
State program funded under this part or as
qualified State expenditures, exceeds the total
of such expenditures of the State in the
corresponding quarter in the emergency fund base
year of the State./
/ `(iii) AMOUNT OF GRANT- Subject to paragraph
(5), the amount of the grant to be made to a
State under this subparagraph for a quarter
shall be an amount equal to 80 percent of the
excess described in clause (ii)./
/ `(4) AUTHORITY TO MAKE NECESSARY ADJUSTMENTS TO DATA AND
COLLECT NEEDED DATA- In determining the size of the caseload
of a State and the expenditures of a State for basic
assistance, non-recurrent short-term benefits, and
subsidized employment, during any period for which the State
requests funds under this subsection, and during the
emergency fund base year of the State, the Secretary may
make appropriate adjustments to the data to ensure that the
data reflect expenditures under the State program funded
under this part and qualified State expenditures. The
Secretary may develop a mechanism for collecting expenditure
data, including procedures which allow States to make
reasonable estimates, and may set deadlines for making
revisions to the data./
/ `(5) LIMITATION- The total amount payable to a single
State under subsection (b) and this subsection for a fiscal
year shall not exceed 25 percent of the State family
assistance grant./
/ `(6) LIMITATIONS ON USE OF FUNDS- A State to which an
amount is paid under this subsection may use the amount only
as authorized by section 404./
/ `(7) TIMING OF IMPLEMENTATION- The Secretary shall
implement this subsection as quickly as reasonably possible,
pursuant to appropriate guidance to States./
/ `(8) DEFINITIONS- In this subsection:/
/ `(A) AVERAGE MONTHLY ASSISTANCE CASELOAD DEFINED-
The term `average monthly assistance caseload' means,
with respect to a State and a quarter, the number of
families receiving assistance during the quarter under
the State program funded under this part or as
qualified State expenditures, subject to adjustment
under paragraph (4)./
/ `(B) EMERGENCY FUND BASE YEAR- /
/ `(i) IN GENERAL- The term `emergency fund base
year' means, with respect to a State and a
category described in clause (ii), whichever of
fiscal year 2007 or 2008 is the fiscal year in
which the amount described by the category with
respect to the State is the lesser./
/ `(ii) CATEGORIES DESCRIBED- The categories
described in this clause are the following:/
/ `(I) The average monthly assistance
caseload of the State./
/ `(II) The total expenditures of the
State for non-recurrent short term
benefits, whether under the State program
funded under this part or as qualified
State expenditures./
/ `(III) The total expenditures of the
State for subsidized employment, whether
under the State program funded under this
part or as qualified State expenditures./
/ `(C) QUALIFIED STATE EXPENDITURES- The term
`qualified State expenditures' has the meaning given
the term in section 409(a)(7).'./
/ (2) REPEAL- Effective October 1, 2010, subsection (c) of
section 403 of the Social Security Act (42 U.S.C. 603) (as
added by paragraph (1)) is repealed./
/ (b) Temporary Modification of Caseload Reduction Credit- Section
407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended
by inserting `(or if the immediately preceding fiscal year is
fiscal year 2008, 2009, or 2010, then, at State option, during the
emergency fund base year of the State with respect to the average
monthly assistance caseload of the State (within the meaning of
section 403(c)(8)(B), except that, if a State elects such option
for fiscal year 2008, the emergency fund base year of the State
with respect to such caseload shall be fiscal year 2007))' before
`under the State'./
/ (c) Disregard From Limitation on Total Payments to Territories-
Section 1108(a)(2) of the Social Security Act (42 U.S.C.
1308(a)(2)) is amended by inserting `403(c)(3),' after `403(a)(5),'./
/ (d) Effective Date- The amendments made by this section shall
take effect on the date of the enactment of this Act./
/SEC. 2102. EXTENSION OF TANF SUPPLEMENTAL GRANTS./
/ (a) Extension Through Fiscal Year 2010- Section 7101(a) of the
Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 135),
as amended by section 301(a) of the Medicare Improvements for
Patients and Providers Act of 2008 (Public Law 110-275), is
amended by striking `fiscal year 2009' and inserting `fiscal year
2010'./
/ (b) Conforming Amendment- Section 403(a)(3)(H)(ii) of the Social
Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended to read as
follows:/
/ `(ii) subparagraph (G) shall be applied as if
`fiscal year 2010' were substituted for `fiscal
year 2001'; and'./
/SEC. 2103. CLARIFICATION OF AUTHORITY OF STATES TO USE TANF FUNDS
CARRIED OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS AND SERVICES./
/ Section 404(e) of the Social Security Act (42 U.S.C. 604(e)) is
amended to read as follows:/
/ `(e) Authority to Carry Over Certain Amounts for Benefits or
Services or for Future Contingencies- A State or tribe may use a
grant made to the State or tribe under this part for any fiscal
year to provide, without fiscal year limitation, any benefit or
service that may be provided under the State or tribal program
funded under this part.'./
/SEC. 2104. TEMPORARY REINSTATEMENT OF AUTHORITY TO PROVIDE
FEDERAL MATCHING PAYMENTS FOR STATE SPENDING OF CHILD SUPPORT
INCENTIVE PAYMENTS./
/ During the period that begins on October 1, 2008, and ends on
December 31, 2010, section 455(a)(1) of the Social Security Act
(42 U.S.C. 655(a)(1)) shall be applied without regard to the
amendment made by section 7309(a) of the Deficit Reduction Act of
2005 (Public Law 109-171, 120 Stat. 147)./
/TITLE III--HEALTH INSURANCE ASSISTANCE/
/SEC. 3000. TABLE OF CONTENTS OF TITLE./
/ The table of contents for this title is as follows:/
/TITLE III--HEALTH INSURANCE ASSISTANCE/
/Sec. 3000. Table of contents of title./
/Subtitle A--Premium Subsidies for COBRA Continuation Coverage for
Unemployed Workers/
/Sec. 3001. Premium assistance for COBRA benefits./
/Subtitle B--Transitional Medical Assistance (TMA)/
/Sec. 3101. Extension of transitional medical assistance (TMA)./
/Subtitle C--Extension of the Qualified Individual (QI) Program/
/Sec. 3201. Extension of the qualifying individual (QI)
program./
/Subtitle D--Other Provisions/
/Sec. 3301. Premiums and cost sharing protections under
Medicaid, eligibility determinations under Medicaid and
CHIP, and protection of certain Indian property from
Medicaid estate recovery./
/Sec. 3302. Rules applicable under Medicaid and CHIP to
managed care entities with respect to Indian enrollees and
Indian health care providers and Indian managed care entities./
/Sec. 3303. Consultation on Medicaid, CHIP, and other health
care programs funded under the Social Security Act involving
Indian Health Programs and Urban Indian Organizations./
/Sec. 3304. Application of prompt pay requirements to
nursing facilities./
/Sec. 3305. Period of application; sunset./
/Subtitle A--Premium Subsidies for COBRA Continuation Coverage
for Unemployed Workers/
/SEC. 3001. PREMIUM ASSISTANCE FOR COBRA BENEFITS./
/ (a) Table of Contents of Subtitle- The table of contents of this
subtitle is as follows:/
/Sec. 3001. Premium assistance for COBRA benefits./
/ (b) Premium Assistance for COBRA Continuation Coverage for
Unemployed Workers and Their Families- /
/ (1) PROVISION OF PREMIUM ASSISTANCE- /
/ (A) REDUCTION OF PREMIUMS PAYABLE- In the case of
any premium for a month of coverage beginning after
the date of the enactment of the Act for COBRA
continuation coverage with respect to any assistance
eligible individual, such individual shall be treated
for purposes of any COBRA continuation provision as
having paid the amount of such premium if such
individual pays 50 percent of the amount of such
premium (as determined without regard to this
subsection)./
/ (B) PLAN ENROLLMENT OPTION- /
/ (i) IN GENERAL- Notwithstanding the COBRA
continuation provisions, an assistance eligible
individual may, not later than 90 days after the
date of notice of the plan enrollment option
described in this subparagraph, elect to enroll
in coverage under a plan offered by the employer
involved, or the employee organization involved
(including, for this purpose, a joint board of
trustees of a multiemployer trust affiliated
with one or more multiemployer plans), that is
different than coverage under the plan in which
such individual was enrolled at the time the
qualifying event occurred, and such coverage
shall be treated as COBRA continuation coverage
for purposes of the applicable COBRA
continuation coverage provision./
/ (ii) REQUIREMENTS- An assistance eligible
individual may elect to enroll in different
coverage as described in clause (i) only if--/
/ (I) the employer involved has made a
determination that such employer will
permit assistance eligible individuals to
enroll in different coverage as provided
for this subparagraph;/
/ (II) the premium for such different
coverage does not exceed the premium for
coverage in which the individual was
enrolled at the time the qualifying event
occurred;/
/ (III) the different coverage in which
the individual elects to enroll is
coverage that is also offered to the
active employees of the employer at the
time at which such election is made; and/
/ (IV) the different coverage is not--/
/ (aa) coverage that provides only dental, vision, counseling, or
referral services (or a combination of such services);/
/ (bb) a health flexible spending account or health reimbursement
arrangement; or/
/ (cc) coverage that provides coverage for services or treatments
furnished in an on-site medical facility maintained by the employer and
that consists primarily of first-aid services, prevention and wellness
care, or similar care (or a combination of such care)./
/ (C) PREMIUM REIMBURSEMENT- For provisions providing
the balance of such premium, see section 6432 of the
Internal Revenue Code of 1986, as added by paragraph
(12)./
/ (2) LIMITATION OF PERIOD OF PREMIUM ASSISTANCE- /
/ (A) IN GENERAL- Paragraph (1)(A) shall not apply
with respect to any assistance eligible individual for
months of coverage beginning on or after the earlier of--/
/ (i) the first date that such individual is
eligible for coverage under any other group
health plan (other than coverage consisting of
only dental, vision, counseling, or referral
services (or a combination thereof), coverage
under a health reimbursement arrangement or a
health flexible spending arrangement, or
coverage of treatment that is furnished in an
on-site medical facility maintained by the
employer and that consists primarily of
first-aid services, prevention and wellness
care, or similar care (or a combination
thereof)) or is eligible for benefits under
title XVIII of the Social Security Act; or/
/ (ii) the earliest of--/
/ (I) the date which is 12 months after
the first day of first month that
paragraph (1)(A) applies with respect to
such individual,/
/ (II) the date following the expiration
of the maximum period of continuation
coverage required under the applicable
COBRA continuation coverage provision, or/
/ (III) the date following the expiration
of the period of continuation coverage
allowed under paragraph (4)(B)(ii)./
/ (B) TIMING OF ELIGIBILITY FOR ADDITIONAL COVERAGE-
For purposes of subparagraph (A)(i), an individual
shall not be treated as eligible for coverage under a
group health plan before the first date on which such
individual could be covered under such plan./
/ (C) NOTIFICATION REQUIREMENT- An assistance eligible
individual shall notify in writing the group health
plan with respect to which paragraph (1)(A) applies if
such paragraph ceases to apply by reason of
subparagraph (A)(i). Such notice shall be provided to
the group health plan in such time and manner as may
be specified by the Secretary of Labor./
/ (3) ASSISTANCE ELIGIBLE INDIVIDUAL- For purposes of this
section, the term `assistance eligible individual' means any
qualified beneficiary if--/
/ (A) at any time during the period that begins with
September 1, 2008, and ends with December 31, 2009,
such qualified beneficiary is eligible for COBRA
continuation coverage,/
/ (B) such qualified beneficiary elects such coverage,
and/
/ (C) the qualifying event with respect to the COBRA
continuation coverage consists of the involuntary
termination of the covered employee's employment and
occurred during such period./
/ (4) EXTENSION OF ELECTION PERIOD AND EFFECT ON COVERAGE- /
/ (A) IN GENERAL- Notwithstanding section 605(a) of
the Employee Retirement Income Security Act of 1974,
section 4980B(f)(5)(A) of the Internal Revenue Code of
1986, section 2205(a) of the Public Health Service
Act, and section 8905a(c)(2) of title 5, United States
Code, in the case of an individual who is a qualified
beneficiary described in paragraph (3)(A) as of the
date of the enactment of this Act and has not made the
election referred to in paragraph (3)(B) as of such
date, such individual may elect the COBRA continuation
coverage under the COBRA continuation coverage
provisions containing such sections during the 60-day
period commencing with the date on which the
notification required under paragraph (7)(C) is
provided to such individual./
/ (B) COMMENCEMENT OF COVERAGE; NO REACH-BACK- Any
COBRA continuation coverage elected by a qualified
beneficiary during an extended election period under
subparagraph (A)--/
/ (i) shall commence on the date of the
enactment of this Act, and/
/ (ii) shall not extend beyond the period of
COBRA continuation coverage that would have been
required under the applicable COBRA continuation
coverage provision if the coverage had been
elected as required under such provision./
/ (C) PREEXISTING CONDITIONS- With respect to a
qualified beneficiary who elects COBRA continuation
coverage pursuant to subparagraph (A), the period--/
/ (i) beginning on the date of the qualifying
event, and/
/ (ii) ending with the day before the date of
the enactment of this Act,/
/shall be disregarded for purposes of determining the
63-day periods referred to in section 701)(2) of the
Employee Retirement Income Security Act of 1974,
section 9801(c)(2) of the Internal Revenue Code of
1986, and section 2701(c)(2) of the Public Health
Service Act./
/ (5) EXPEDITED REVIEW OF DENIALS OF PREMIUM ASSISTANCE- In
any case in which an individual requests treatment as an
assistance eligible individual and is denied such treatment
by the group health plan by reason of such individual's
ineligibility for COBRA continuation coverage, the Secretary
of Labor (or the Secretary of Health and Human services in
connection with COBRA continuation coverage which is
provided other than pursuant to part 6 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974), in consultation with the Secretary of the Treasury,
shall provide for expedited review of such denial. An
individual shall be entitled to such review upon application
to such Secretary in such form and manner as shall be
provided by such Secretary. Such Secretary shall make a
determination regarding such individual's eligibility within
10 business days after receipt of such individual's
application for review under this paragraph./
/ (6) DISREGARD OF SUBSIDIES FOR PURPOSES OF FEDERAL AND
STATE PROGRAMS- Notwithstanding any other provision of law,
any premium reduction with respect to an assistance eligible
individual under this subsection shall not be considered
income or resources in determining eligibility for, or the
amount of assistance or benefits provided under, any other
public benefit provided under Federal law or the law of any
State or political subdivision thereof./
/ (7) NOTICES TO INDIVIDUALS- /
/ (A) GENERAL NOTICE- /
/ (i) IN GENERAL- In the case of notices
provided under section 606(4) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1166(4)), section 4980B(f)(6)(D) of the
Internal Revenue Code of 1986, section 2206(4)
of the Public Health Service Act (42 U.S.C.
300bb-6(4)), or section 8905a(f)(2)(A) of title
5, United States Code, with respect to
individuals who, during the period described in
paragraph (3)(A), become entitled to elect COBRA
continuation coverage, such notices shall
include an additional notification to the
recipient of--/
/ (I) the availability of premium
reduction with respect to such coverage
under this subsection; and/
/ (II) the option to enroll in different
coverage if an employer that permits
assistance eligible individuals to elect
enrollment in different coverage (as
described in paragraph (1)(B))./
/ (ii) ALTERNATIVE NOTICE- In the case of COBRA
continuation coverage to which the notice
provision under such sections does not apply,
the Secretary of Labor, in consultation with the
Secretary of the Treasury and the Secretary of
Health and Human Services, shall, in
coordination with administrators of the group
health plans (or other entities) that provide or
administer the COBRA continuation coverage
involved, provide rules requiring the provision
of such notice./
/ (iii) FORM- The requirement of the additional
notification under this subparagraph may be met
by amendment of existing notice forms or by
inclusion of a separate document with the notice
otherwise required./
/ (B) SPECIFIC REQUIREMENTS- Each additional
notification under subparagraph (A) shall include--/
/ (i) the forms necessary for establishing
eligibility for premium reduction under this
subsection,/
/ (ii) the name, address, and telephone number
necessary to contact the plan administrator and
any other person maintaining relevant
information in connection with such premium
reduction,/
/ (iii) a description of the extended election
period provided for in paragraph (4)(A),/
/ (iv) a description of the obligation of the
qualified beneficiary under paragraph (2)(C) to
notify the plan providing continuation coverage
of eligibility for subsequent coverage under
another group health plan or eligibility for
benefits under title XVIII of the Social
Security Act and the penalty provided for
failure to so notify the plan,/
/ (v) a description, displayed in a prominent
manner, of the qualified beneficiary's right to
a reduced premium and any conditions on
entitlement to the reduced premium; and/
/ (vi) a description of the option of the
qualified beneficiary to enroll in different
coverage if the employer permits such
beneficiary to elect to enroll in such different
coverage under paragraph (1)(B)./
/ (C) NOTICE RELATING TO RETROACTIVE COVERAGE- In the
case of an individual described in paragraph (3)(A)
who has elected COBRA continuation coverage as of the
date of enactment of this Act or an individual
described in paragraph (4)(A), the administrator of
the group health plan (or other person) involved shall
provide (within 60 days after the date of enactment of
this Act) for the additional notification required to
be provided under subparagraph (A)./
/ (D) MODEL NOTICES- Not later than 30 days after the
date of enactment of this Act, the Secretary of the
Labor, in consultation with the Secretary of the
Treasury and the Secretary of Health and Human
Services, shall prescribe models for the additional
notification required under this paragraph./
/ (8) SAFEGUARDS- The Secretary of the Treasury shall
provide such rules, procedures, regulations, and other
guidance as may be necessary and appropriate to prevent
fraud and abuse under this subsection./
/ (9) OUTREACH- The Secretary of Labor, in consultation with
the Secretary of the Treasury and the Secretary of Health
and Human Services, shall provide outreach consisting of
public education and enrollment assistance relating to
premium reduction provided under this subsection. Such
outreach shall target employers, group health plan
administrators, public assistance programs, States,
insurers, and other entities as determined appropriate by
such Secretaries. Such outreach shall include an initial
focus on those individuals electing continuation coverage
who are referred to in paragraph (7)(C). Information on such
premium reduction, including enrollment, shall also be made
available on website of the Departments of Labor, Treasury,
and Health and Human Services./
/ (10) DEFINITIONS- For purposes of this subsection--/
/ (A) ADMINISTRATOR- The term `administrator' has the
meaning given such term in section 3(16) of the
Employee Retirement Income Security Act of 1974/
/ (B) COBRA CONTINUATION COVERAGE- The term `COBRA
continuation coverage' means continuation coverage
provided pursuant to part 6 of subtitle B of title I
of the Employee Retirement Income Security Act of 1974
(other than under section 609), title XXII of the
Public Health Service Act, section 4980B of the
Internal Revenue Code of 1986 (other than subsection
(f)(1) of such section insofar as it relates to
pediatric vaccines), or section 8905a of title 5,
United States Code, or under a State program that
provides continuation coverage comparable to such
continuation coverage. Such term does not include
coverage under a health flexible spending arrangement./
/ (C) COBRA CONTINUATION PROVISION- The term `COBRA
continuation provision' means the provisions of law
described in subparagraph (B)./
/ (D) COVERED EMPLOYEE- The term `covered employee'
has the meaning given such term in section 607(2) of
the Employee Retirement Income Security Act of 1974./
/ (E) QUALIFIED BENEFICIARY- The term `qualified
beneficiary' has the meaning given such term in
section 607(3) of the Employee Retirement Income
Security Act of 1974./
/ (F) GROUP HEALTH PLAN- The term `group health plan'
has the meaning given such term in section 607(1) of
the Employee Retirement Income Security Act of 1974./
/ (G) STATE- The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands./
/ (11) REPORTS- /
/ (A) INTERIM REPORT- The Secretary of the Treasury
shall submit an interim report to the Committee on
Education and Labor, the Committee on Ways and Means,
and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Finance of the Senate regarding the premium reduction
provided under this subsection that includes--/
/ (i) the number of individuals provided such
assistance as of the date of the report; and/
/ (ii) the total amount of expenditures incurred
(with administrative expenditures noted
separately) in connection with such assistance
as of the date of the report./
/ (B) FINAL REPORT- As soon as practicable after the
last period of COBRA continuation coverage for which
premium reduction is provided under this section, the
Secretary of the Treasury shall submit a final report
to each Committee referred to in subparagraph (A) that
includes--/
/ (i) the number of individuals provided premium
reduction under this section;/
/ (ii) the average dollar amount (monthly and
annually) of premium reductions provided to such
individuals; and/
/ (iii) the total amount of expenditures
incurred (with administrative expenditures noted
separately) in connection with premium reduction
under this section./
/ (12) COBRA PREMIUM ASSISTANCE- /
/ (A) IN GENERAL- Subchapter B of chapter 65 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:/
/`SEC. 6432. COBRA PREMIUM ASSISTANCE./
/ `(a) In General- The person to whom premiums are payable under
COBRA continuation coverage shall be reimbursed for the amount of
premiums not paid by plan beneficiaries by reason of section
3001(b) of the American Recovery and Reinvestment Act of 2009.
Such amount shall be treated as a credit against the requirement
of such person to make deposits of payroll taxes and the liability
of such person for payroll taxes. To the extent that such amount
exceeds the amount of such taxes, the Secretary shall pay to such
person the amount of such excess. No payment may be made under
this subsection to a person with respect to any assistance
eligible individual until after such person has received the
reduced premium from such individual required under section
3001(a)(1)(A) of such Act./
/ `(b) Payroll Taxes- For purposes of this section, the term
`payroll taxes' means--/
/ `(1) amounts required to be deducted and withheld for the
payroll period under section 3401 (relating to wage
withholding),/
/ `(2) amounts required to be deducted for the payroll
period under section 3102 (relating to FICA employee taxes),
and/
/ `(3) amounts of the taxes imposed for the payroll period
under section 3111 (relating to FICA employer taxes)./
/ `(c) Treatment of Credit- Except as otherwise provided by the
Secretary, the credit described in subsection (a) shall be applied
as though the employer had paid to the Secretary, on the day that
the qualified beneficiary's premium payment is received, an amount
equal to such credit./
/ `(d) Treatment of Payment- For purposes of section 1324(b)(2) of
title 31, United States Code, any payment under this subsection
shall be treated in the same manner as a refund of the credit
under section 35./
/ `(e) Reporting- /
/ `(1) IN GENERAL- Each person entitled to reimbursement
under subsection (a) for any period shall submit such
reports as the Secretary may require, including--/
/ `(A) an attestation of involuntary termination of
employment for each covered employee on the basis of
whose termination entitlement to reimbursement is
claimed under subsection (a), and/
/ `(B) a report of the amount of payroll taxes offset
under subsection (a) for the reporting period and the
estimated offsets of such taxes for the subsequent
reporting period in connection with reimbursements
under subsection (a)./
/ `(2) TIMING OF REPORTS RELATING TO AMOUNT OF PAYROLL
TAXES- Reports required under paragraph (1)(B) shall be
submitted at the same time as deposits of taxes imposed by
chapters 21, 22, and 24 or at such time as is specified by
the Secretary./
/ `(f) Regulations- The Secretary may issue such regulations or
other guidance as may be necessary or appropriate to carry out
this section, including the requirement to report information or
the establishment of other methods for verifying the correct
amounts of payments and credits under this section, and the
application of this section to group health plans which are
multiemployer plans.'./
/ (B) SOCIAL SECURITY TRUST FUNDS HELD HARMLESS- In
determining any amount transferred or appropriated to
any fund under the Social Security Act, section 6432
of the Internal Revenue Code of 1986 shall not be
taken into account./
/ (C) CLERICAL AMENDMENT- The table of sections for
subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the
following new item:/
/`Sec. 6432. COBRA premium assistance.'./
/ (D) EFFECTIVE DATE- The amendments made by this
paragraph shall apply to premiums to which subsection
(a)(1)(A) applies./
/ (E) SPECIAL RULE- /
/ (i) IN GENERAL- In the case of an assistance
eligible individual who pays the full premium
amount required for COBRA continuation coverage
for any month during the 60-day period beginning
on the first day of the first month after the
date of enactment of this Act, the person to
whom such payment is made shall--/
/ (I) make a reimbursement payment to such
individual for the amount of such premium
paid in excess of the amount required to
be paid under subsection (b)(1)(A); or/
/ (II) provide credit to the individual
for such amount in a manner that reduces
one or more subsequent premium payments
that the individual is required to pay
under such subsection for the coverage
involved./
/ (ii) REIMBURSING EMPLOYER- A person to which
clause (i) applies shall be reimbursed as
provided for in section 6432 of the Internal
Revenue Code of 1986 for any payment made, or
credit provided, to the employee under such clause./
/ (iii) PAYMENT OR CREDITS- Unless it is
reasonable to believe that the credit for the
excess payment in clause (i)(II) will be used by
the assistance eligible individual within 180
days of the date on which the person receives
from the individual the payment of the full
premium amount, a person to which clause (i)
applies shall make the payment required under
such clause to the individual within 60 days of
such payment of the full premium amount. If, as
of any day within the 180-day period, it is no
longer reasonable to believe that the credit
will be used during that period, payment equal
to the remainder of the credit outstanding shall
be made to the individual within 60 days of such
day./
/ (13) PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF
CESSATION OF ELIGIBILITY FOR PREMIUM ASSISTANCE- /
/ (A) IN GENERAL- Part I of subchapter B of chapter 68
of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:/
/`SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF
CESSATION OF ELIGIBILITY FOR COBRA PREMIUM ASSISTANCE./
/ `(a) In General- Any person required to notify a group health
plan under section 3001(a)(2)(C) of the American Recovery and
Reinvestment Act of 2009 who fails to make such a notification at
such time and in such manner as the Secretary of Labor may require
shall pay a penalty of 110 percent of the premium reduction
provided under such section after termination of eligibility under
such subsection./
/ `(b) Reasonable Cause Exception- No penalty shall be imposed
under subsection (a) with respect to any failure if it is shown
that such failure is due to reasonable cause and not to willful
neglect.'./
/ (B) CLERICAL AMENDMENT- The table of sections of
part I of subchapter B of chapter 68 of such Code is
amended by adding at the end the following new item:/
/`Sec. 6720C. Penalty for failure to notify health plan of
cessation of eligibility for COBRA premium assistance.'./
/ (C) EFFECTIVE DATE- The amendments made by this
paragraph shall apply to failures occurring after the
date of the enactment of this Act./
/ (14) COORDINATION WITH HCTC- /
/ (A) IN GENERAL- Subsection (g) of section 35 of the
Internal Revenue Code of 1986 is amended by
redesignating paragraph (9) as paragraph (10) and
inserting after paragraph (8) the following new
paragraph:/
/ `(9) COBRA PREMIUM ASSISTANCE- In the case of an
assistance eligible individual who receives premium
reduction for COBRA continuation coverage under section
3001(a) of the American Recovery and Reinvestment Act of
2009 for any month during the taxable year, such individual
shall not be treated as an eligible individual, a certified
individual, or a qualifying family member for purposes of
this section or section 7527 with respect to such month.'./
/ (B) EFFECTIVE DATE- The amendment made by
subparagraph (A) shall apply to taxable years ending
after the date of the enactment of this Act./
/ (15) EXCLUSION OF COBRA PREMIUM ASSISTANCE FROM GROSS
INCOME- /
/ (A) IN GENERAL- Part III of subchapter B of chapter
1 of the Internal Revenue Code of 1986 is amended by
inserting after section 139B the following new section:/
/`SEC. 139C. COBRA PREMIUM ASSISTANCE./
/ `In the case of an assistance eligible individual (as defined in
section 3001 of the American Recovery and Reinvestment Act of
2009), gross income does not include any premium reduction
provided under subsection (a) of such section.'./
/ (B) CLERICAL AMENDMENT- The table of sections for
part III of subchapter B of chapter 1 of such Code is
amended by inserting after the item relating to
section 139B the following new item:/
/`Sec. 139C. COBRA premium assistance.'./
/ (C) EFFECTIVE DATE- The amendments made by this
paragraph shall apply to taxable years ending after
the date of the enactment of this Act./
/Subtitle B--Transitional Medical Assistance (TMA)/
/SEC. 3101. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA)./
/ (a) 18-Month Extension- /
/ (1) IN GENERAL- Sections 1902(e)(1)(B) and 1925(f) of the
Social Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r-6(f))
are each amended by striking `September 30, 2003' and
inserting `December 31, 2010'./
/ (2) EFFECTIVE DATE- The amendments made by this subsection
shall take effect on July 1, 2009./
/ (b) State Option of Initial 12-Month Eligibility- Section 1925
of the Social Security Act (42 U.S.C. 1396r-6) is amended--/
/ (1) in subsection (a)(1), by inserting `but subject to
paragraph (5)' after `Notwithstanding any other provision of
this title';/
/ (2) by adding at the end of subsection (a) the following:/
/ `(5) OPTION OF 12-MONTH INITIAL ELIGIBILITY PERIOD- A
State may elect to treat any reference in this subsection to
a 6-month period (or 6 months) as a reference to a 12-month
period (or 12 months). In the case of such an election,
subsection (b) shall not apply.'; and/
/ (3) in subsection (b)(1), by inserting `but subject to
subsection (a)(5)' after `Notwithstanding any other
provision of this title'./
/ (c) Removal of Requirement for Previous Receipt of Medical
Assistance- Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)), as amended by subsection (b)(1), is further amended--/
/ (1) by inserting `subparagraph (B) and' before `paragraph
(5)';/
/ (2) by redesignating the matter after `REQUIREMENT- ' as a
subparagraph (A) with the heading `IN GENERAL- ' and with
the same indentation as subparagraph (B) (as added by
paragraph (3)); and/
/ (3) by adding at the end the following:/
/ `(B) STATE OPTION TO WAIVE REQUIREMENT FOR 3 MONTHS
BEFORE RECEIPT OF MEDICAL ASSISTANCE- A State may, at
its option, elect also to apply subparagraph (A) in
the case of a family that was receiving such aid for
fewer than three months or that had applied for and
was eligible for such aid for fewer than 3 months
during the 6 immediately preceding months described in
such subparagraph.'./
/ (d) CMS Report on Enrollment and Participation Rates Under TMA-
Section 1925 of such Act (42 U.S.C. 1396r-6), as amended by this
section, is further amended by adding at the end the following new
subsection:/
/ `(g) Collection and Reporting of Participation Information- /
/ `(1) COLLECTION OF INFORMATION FROM STATES- Each State
shall collect and submit to the Secretary (and make publicly
available), in a format specified by the Secretary,
information on average monthly enrollment and average
monthly participation rates for adults and children under
this section and of the number and percentage of children
who become ineligible for medical assistance under this
section whose medical assistance is continued under another
eligibility category or who are enrolled under the State's
child health plan under title XXI. Such information shall be
submitted at the same time and frequency in which other
enrollment information under this title is submitted to the
Secretary./
/ `(2) ANNUAL REPORTS TO CONGRESS- Using the information
submitted under paragraph (1), the Secretary shall submit to
Congress annual reports concerning enrollment and
participation rates described in such paragraph.'./
/ (e) Effective Date- The amendments made by subsections (b)
through (d) shall take effect on July 1, 2009./
/Subtitle C--Extension of the Qualified Individual (QI) Program/
/SEC. 3201. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) PROGRAM./
/ (a) Extension- Section 1902(a)(10)(E)(iv) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking
`December 2009' and inserting `December 2010'./
/ (b) Extending Total Amount Available for Allocation- Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--/
/ (1) in paragraph (2)--/
/ (A) by striking `and' at the end of subparagraph (K);/
/ (B) in subparagraph (L), by striking the period at
the end and inserting a semicolon; and/
/ (C) by adding at the end the following new
subparagraphs:/
/ `(M) for the period that begins on January 1, 2010,
and ends on September 30, 2010, the total allocation
amount is $412,500,000; and/
/ `(N) for the period that begins on October 1, 2010,
and ends on December 31, 2010, the total allocation
amount is $150,000,000.'; and/
/ (2) in paragraph (3), in the matter preceding subparagraph
(A), by striking `or (L)' and inserting `(L), or (N)'./
/Subtitle D--Other Provisions/
/SEC. 3301. PREMIUMS AND COST SHARING PROTECTIONS UNDER MEDICAID,
ELIGIBILITY DETERMINATIONS UNDER MEDICAID AND CHIP, AND PROTECTION
OF CERTAIN INDIAN PROPERTY FROM MEDICAID ESTATE RECOVERY./
/ (a) Premiums and Cost Sharing Protection Under Medicaid- /
/ (1) IN GENERAL- Section 1916 of the Social Security Act
(42 U.S.C. 1396o) is amended--/
/ (A) in subsection (a), in the matter preceding
paragraph (1), by striking `and (i)' and inserting `,
(i), and (j)'; and/
/ (B) by adding at the end the following new subsection:/
/ `(j) No Premiums or Cost Sharing for Indians Furnished Items or
Services Directly by Indian Health Programs or Through Referral
Under Contract Health Services- /
/ `(1) NO COST SHARING FOR ITEMS OR SERVICES FURNISHED TO
INDIANS THROUGH INDIAN HEALTH PROGRAMS- /
/ `(A) IN GENERAL- No enrollment fee, premium, or
similar charge, and no deduction, copayment, cost
sharing, or similar charge shall be imposed against an
Indian who is furnished an item or service directly by
the Indian Health Service, an Indian Tribe, Tribal
Organization, or Urban Indian Organization or through
referral under contract health services for which
payment may be made under this title./
/ `(B) NO REDUCTION IN AMOUNT OF PAYMENT TO INDIAN
HEALTH PROVIDERS- Payment due under this title to the
Indian Health Service, an Indian Tribe, Tribal
Organization, or Urban Indian Organization, or a
health care provider through referral under contract
health services for the furnishing of an item or
service to an Indian who is eligible for assistance
under such title, may not be reduced by the amount of
any enrollment fee, premium, or similar charge, or any
deduction, copayment, cost sharing, or similar charge
that would be due from the Indian but for the
operation of subparagraph (A)./
/ `(2) RULE OF CONSTRUCTION- Nothing in this subsection
shall be construed as restricting the application of any
other limitations on the imposition of premiums or cost
sharing that may apply to an individual receiving medical
assistance under this title who is an Indian.'./
/ (2) CONFORMING AMENDMENT- Section 1916A(b)(3) of such Act
(42 U.S.C. 1396o-1(b)(3)) is amended--/
/ (A) in subparagraph (A), by adding at the end the
following new clause:/
/ `(vi) An Indian who is furnished an item or
service directly by the Indian Health Service,
an Indian Tribe, Tribal Organization or Urban
Indian Organization or through referral under
contract health services.'; and/
/ (B) in subparagraph (B), by adding at the end the
following new clause:/
/ `(ix) Items and services furnished to an
Indian directly by the Indian Health Service, an
Indian Tribe, Tribal Organization or Urban
Indian Organization or through referral under
contract health services.'./
/ (b) Treatment of Certain Property From Resources for Medicaid
and CHIP Eligibility- /
/ (1) MEDICAID- Section 1902 of the Social Security Act (42
U.S.C. 1396a) is amended by adding at the end the following
new subsection:/
/ `(dd) Notwithstanding any other requirement of this title or any
other provision of Federal or State law, a State shall disregard
the following property from resources for purposes of determining
the eligibility of an individual who is an Indian for medical
assistance under this title:/
/ `(1) Property, including real property and improvements,
that is held in trust, subject to Federal restrictions, or
otherwise under the supervision of the Secretary of the
Interior, located on a reservation, including any federally
recognized Indian Tribe's reservation, pueblo, or colony,
including former reservations in Oklahoma, Alaska Native
regions established by the Alaska Native Claims Settlement
Act, and Indian allotments on or near a reservation as
designated and approved by the Bureau of Indian Affairs of
the Department of the Interior./
/ `(2) For any federally recognized Tribe not described in
paragraph (1), property located within the most recent
boundaries of a prior Federal reservation./
/ `(3) Ownership interests in rents, leases, royalties, or
usage rights related to natural resources (including
extraction of natural resources or harvesting of timber,
other plants and plant products, animals, fish, and
shellfish) resulting from the exercise of federally
protected rights./
/ `(4) Ownership interests in or usage rights to items not
covered by paragraphs (1) through (3) that have unique
religious, spiritual, traditional, or cultural significance
or rights that support subsistence or a traditional
lifestyle according to applicable tribal law or custom.'./
/ (2) APPLICATION TO CHIP- Section 2107(e)(1) of such Act
(42 U.S.C. 1397gg(e)(1)) is amended--/
/ (A) by redesignating subparagraphs (B) through (E),
as subparagraphs (C) through (F), respectively; and/
/ (B) by inserting after subparagraph (A), the
following new subparagraph:/
/ `(B) Section 1902(dd) (relating to disregard of
certain property for purposes of making eligibility
determinations).'./
/ (c) Continuation of Current Law Protections of Certain Indian
Property From Medicaid Estate Recovery- Section 1917(b)(3) of the
Social Security Act (42 U.S.C. 1396p(b)(3)) is amended--/
/ (1) by inserting `(A)' after `(3)'; and/
/ (2) by adding at the end the following new subparagraph:/
/ `(B) The standards specified by the Secretary under
subparagraph (A) shall require that the procedures
established by the State agency under subparagraph (A)
exempt income, resources, and property that are exempt
from the application of this subsection as of April 1,
2003, under manual instructions issued to carry out
this subsection (as in effect on such date) because of
the Federal responsibility for Indian Tribes and
Alaska Native Villages. Nothing in this subparagraph
shall be construed as preventing the Secretary from
providing additional estate recovery exemptions under
this title for Indians.'./
/SEC. 3302. RULES APPLICABLE UNDER MEDICAID AND CHIP TO MANAGED
CARE ENTITIES WITH RESPECT TO INDIAN ENROLLEES AND INDIAN HEALTH
CARE PROVIDERS AND INDIAN MANAGED CARE ENTITIES./
/ (a) In General- Section 1932 of the Social Security Act (42
U.S.C. 1396u-2) is amended by adding at the end the following new
subsection:/
/ `(h) Special Rules With Respect to Indian Enrollees, Indian
Health Care Providers, and Indian Managed Care Entities- /
/ `(1) ENROLLEE OPTION TO SELECT AN INDIAN HEALTH CARE
PROVIDER AS PRIMARY CARE PROVIDER- In the case of a
non-Indian Medicaid managed care entity that--/
/ `(A) has an Indian enrolled with the entity; and/
/ `(B) has an Indian health care provider that is
participating as a primary care provider within the
network of the entity,/
/insofar as the Indian is otherwise eligible to receive
services from such Indian health care provider and the
Indian health care provider has the capacity to provide
primary care services to such Indian, the contract with the
entity under section 1903(m) or under section 1905(t)(3)
shall require, as a condition of receiving payment under
such contract, that the Indian shall be allowed to choose
such Indian health care provider as the Indian's primary
care provider under the entity./
/ `(2) ASSURANCE OF PAYMENT TO INDIAN HEALTH CARE PROVIDERS
FOR PROVISION OF COVERED SERVICES- Each contract with a
managed care entity under section 1903(m) or under section
1905(t)(3) shall require any such entity, as a condition of
receiving payment under such contract, to satisfy the
following requirements:/
/ `(A) DEMONSTRATION OF ACCESS TO INDIAN HEALTH CARE
PROVIDERS AND APPLICATION OF ALTERNATIVE PAYMENT
ARRANGEMENTS- Subject to subparagraph (C), to--/
/ `(i) demonstrate that the number of Indian
health care providers that are participating
providers with respect to such entity are
sufficient to ensure timely access to covered
Medicaid managed care services for those Indian
enrollees who are eligible to receive services
from such providers; and/
/ `(ii) agree to pay Indian health care
providers, whether such providers are
participating or nonparticipating providers with
respect to the entity, for covered Medicaid
managed care services provided to those Indian
enrollees who are eligible to receive services
from such providers at a rate equal to the rate
negotiated between such entity and the provider
involved or, if such a rate has not been
negotiated, at a rate that is not less than the
level and amount of payment which the entity
would make for the services if the services were
furnished by a participating provider which is
not an Indian health care provider./
/ `(B) PROMPT PAYMENT- To agree to make prompt payment
(consistent with rule for prompt payment of providers
under section 1932(f)) to Indian health care providers
that are participating providers with respect to such
entity or, in the case of an entity to which
subparagraph (A)(ii) or (C) applies, that the entity
is required to pay in accordance with that subparagraph./
/ `(C) APPLICATION OF SPECIAL PAYMENT REQUIREMENTS FOR
FEDERALLY-QUALIFIED HEALTH CENTERS AND FOR SERVICES
PROVIDED BY CERTAIN INDIAN HEALTH CARE PROVIDERS- /
/ `(i) FEDERALLY-QUALIFIED HEALTH CENTERS- /
/ `(I) MANAGED CARE ENTITY PAYMENT
REQUIREMENT- To agree to pay any Indian
health care provider that is a
federally-qualified health center under
this title but not a participating
provider with respect to the entity, for
the provision of covered Medicaid managed
care services by such provider to an
Indian enrollee of the entity at a rate
equal to the amount of payment that the
entity would pay a federally-qualified
health center that is a participating
provider with respect to the entity but is
not an Indian health care provider for
such services./
/ `(II) CONTINUED APPLICATION OF STATE
REQUIREMENT TO MAKE SUPPLEMENTAL PAYMENT-
Nothing in subclause (I) or subparagraph
(A) or (B) shall be construed as waiving
the application of section 1902(bb)(5)
regarding the State plan requirement to
make any supplemental payment due under
such section to a federally-qualified
health center for services furnished by
such center to an enrollee of a managed
care entity (regardless of whether the
federally-qualified health center is or is
not a participating provider with the
entity)./
/ `(ii) PAYMENT RATE FOR SERVICES PROVIDED BY
CERTAIN INDIAN HEALTH CARE PROVIDERS- If the
amount paid by a managed care entity to an
Indian health care provider that is not a
federally-qualified health center for services
provided by the provider to an Indian enrollee
with the managed care entity is less than the
rate that applies to the provision of such
services by the provider under the State plan,
the plan shall provide for payment to the Indian
health care provider, whether the provider is a
participating or nonparticipating provider with
respect to the entity, of the difference between
such applicable rate and the amount paid by the
managed care entity to the provider for such
services./
/ `(D) CONSTRUCTION- Nothing in this paragraph shall
be construed as waiving the application of section
1902(a)(30)(A) (relating to application of standards
to assure that payments are consistent with
efficiency, economy, and quality of care)./
/ `(3) SPECIAL RULE FOR ENROLLMENT FOR INDIAN MANAGED CARE
ENTITIES- Regarding the application of a Medicaid managed
care program to Indian Medicaid managed care entities, an
Indian Medicaid managed care entity may restrict enrollment
under such program to Indians and to members of specific
Tribes in the same manner as Indian Health Programs may
restrict the delivery of services to such Indians and tribal
members./
/ `(4) DEFINITIONS- For purposes of this subsection:/
/ `(A) INDIAN HEALTH CARE PROVIDER- The term `Indian
health care provider' means an Indian Health Program
or an Urban Indian Organization./
/ `(B) INDIAN MEDICAID MANAGED CARE ENTITY- The term
`Indian Medicaid managed care entity' means a managed
care entity that is controlled (within the meaning of
the last sentence of section 1903(m)(1)(C)) by the
Indian Health Service, a Tribe, Tribal Organization,
or Urban Indian Organization, or a consortium, which
may be composed of 1 or more Tribes, Tribal
Organizations, or Urban Indian Organizations, and
which also may include the Service./
/ `(C) NON-INDIAN MEDICAID MANAGED CARE ENTITY- The
term `non-Indian Medicaid managed care entity' means a
managed care entity that is not an Indian Medicaid
managed care entity./
/ `(D) COVERED MEDICAID MANAGED CARE SERVICES- The
term `covered Medicaid managed care services' means,
with respect to an individual enrolled with a managed
care entity, items and services for which benefits are
available with respect to the individual under the
contract between the entity and the State involved./
/ `(E) MEDICAID MANAGED CARE PROGRAM- The term
`Medicaid managed care program' means a program under
sections 1903(m), 1905(t), and 1932 and includes a
managed care program operating under a waiver under
section 1915(b) or 1115 or otherwise.'./
/ (b) Application to CHIP- Subject to section *X*013(d), section
2107(e)(1) of such Act (42 U.S.C. 1397gg(1)) is amended by adding
at the end the following new subparagraph:/
/ `(E) Subsections (a)(2)(C) and (h) of section 1932.'./
/SEC. 3303. CONSULTATION ON MEDICAID, CHIP, AND OTHER HEALTH CARE
PROGRAMS FUNDED UNDER THE SOCIAL SECURITY ACT INVOLVING INDIAN
HEALTH PROGRAMS AND URBAN INDIAN ORGANIZATIONS./
/ (a) Consultation With Tribal Technical Advisory Group (TTAG)-
The Secretary of Health and Human Services shall maintain within
the Centers for Medicaid & Medicare Services (CMS) a Tribal
Technical Advisory Group (TTAG), which was first established in
accordance with requirements of the charter dated September 30,
2003, and the Secretary of Health and Human Services shall include
in such Group a representative of a national urban Indian health
organization and a representative of the Indian Health Service.
The inclusion of a representative of a national urban Indian
health organization in such Group shall not affect the
nonapplication of the Federal Advisory Committee Act (5 U.S.C.
App.) to such Group./
/ (b) Solicitation of Advice Under Medicaid and CHIP- /
/ (1) MEDICAID STATE PLAN AMENDMENT- Subject to subsection
(d), section 1902(a) of the Social Security Act (42 U.S.C.
1396a(a)) is amended--/
/ (A) in paragraph (70), by striking `and' at the end;/
/ (B) in paragraph (71), by striking the period at the
end and inserting `; and'; and/
/ (C) by inserting after paragraph (71), the following
new paragraph:/
/ `(72) in the case of any State in which 1 or more Indian
Health Programs or Urban Indian Organizations furnishes
health care services, provide for a process under which the
State seeks advice on a regular, ongoing basis from
designees of such Indian Health Programs and Urban Indian
Organizations on matters relating to the application of this
title that are likely to have a direct effect on such Indian
Health Programs and Urban Indian Organizations and that--/
/ `(A) shall include solicitation of advice prior to
submission of any plan amendments, waiver requests,
and proposals for demonstration projects likely to
have a direct effect on Indians, Indian Health
Programs, or Urban Indian Organizations; and/
/ `(B) may include appointment of an advisory
committee and of a designee of such Indian Health
Programs and Urban Indian Organizations to the medical
care advisory committee advising the State on its
State plan under this title.'./
/ (2) APPLICATION TO CHIP- Subject to subsection (d),
section 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)), as
amended by section 3302(b)(2), is amended--/
/ (A) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively; and/
/ (B) by inserting after subparagraph (A), the
following new subparagraph:/
/ `(B) Section 1902(a)(72) (relating to requiring
certain States to seek advice from designees of Indian
Health Programs and Urban Indian Organizations).'./
/ (c) Rule of Construction- Nothing in the amendments made by this
section shall be construed as superseding existing advisory
committees, working groups, guidance, or other advisory procedures
established by the Secretary of Health and Human Services or by
any State with respect to the provision of health care to Indians./
/ (d) Contingency Rule- If the Children's Health Insurance Program
Reauthorization Act of 2009 (in this subsection referred to as
`CHIPRA') has been enacted as of the date of enactment of this
Act, the following shall apply:/
/ (1) Subparagraph (I) of section 2107(e) of the Social
Security Act (as redesignated by CHIPRA) is redesignated as
subparagraph (K) and the subparagraph (E) added to section
2107(e) of the Social Security Act by section 3302(b) is
redesignated as subparagraph (J)./
/ (2) Subparagraphs (D) through (H) of section 2107(e) of
the Social Security Act (as added and redesignated by
CHIPRA) are redesignated as subparagraphs (E) through (I),
respectively and the subparagraph (B) of section 2107(e) of
the Social Security Act added by subsection (b)(2) of this
section is redesignated as subparagraph (D) and amended by
striking `1902(a)(72)' and inserting `1902(a)(73)'./
/ (3) Section 1902(a) of the Social Security Act (as amended
by CHIPRA) is amended by striking `and' at the end of
paragraph (71), by striking the period at the end of the
paragraph (72) added by CHIPRA and inserting `; and' and by
redesignated the paragraph (72) added to such section by
subsection (b)(1) of this section as paragraph (73)./
/SEC. 3304. APPLICATION OF PROMPT PAY REQUIREMENTS TO NURSING
FACILITIES./
/ Section 1902(a)(37)(A) of the Social Security Act (42 U.S.C.
1396a(a)(37)(A)) is amended by inserting `, or by nursing
facilities,' after `health facilities'/
/SEC. 3305. PERIOD OF APPLICATION; SUNSET./
/ This subtitle and the amendments made by this subtitle shall be
in effect only during the period that begins on April 1, 2009, and
ends on December 31, 2010. On and after January 1, 2011, the
Social Security Act shall be applied as if this subtitle and the
amendments made by this subtitle had not been enacted./
/TITLE IV--HEALTH INFORMATION TECHNOLOGY/
/SEC. 4001. SHORT TITLE; TABLE OF CONTENTS OF TITLE./
/ (a) Short Title- This title may be cited as the `Medicare and
Medicaid Health Information Technology for Economic and Clinical
Health Act' or the `M-HITECH Act'./
/ (b) Table of Contents of Title- The table of contents for this
title is as follows:/
/TITLE IV--HEALTH INFORMATION TECHNOLOGY/
/Sec. 4001. Short title; table of contents of title./
/Subtitle A--Medicare Program/
/Sec. 4201. Incentives for eligible professionals./
/Sec. 4202. Incentives for hospitals./
/Sec. 4203. Premium hold harmless and implementation funding./
/Sec. 4204. Non-application of phased-out indirect medical
education (IME) adjustment factor for fiscal year 2009./
/Sec. 4205. Study on application of EHR payment incentives
for providers not receiving other incentive payments./
/Sec. 4206. Study on availability of open source health
information technology systems./
/Subtitle B--Medicaid Funding/
/Sec. 4211. Medicaid provider EHR adoption and operation
payments; implementation funding./
/Subtitle A--Medicare Program/
/SEC. 4201. INCENTIVES FOR ELIGIBLE PROFESSIONALS./
/ (a) Incentive Payments- Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended by adding at the end the following
new subsection:/
/ `(o) Incentives for Adoption and Meaningful Use of Certified EHR
Technology- /
/ `(1) INCENTIVE PAYMENTS- /
/ `(A) IN GENERAL- /
/ `(i) IN GENERAL- Subject to clause (ii) and
the succeeding subparagraphs of this paragraph,
with respect to covered professional services
furnished by an eligible professional during a
payment year (as defined in subparagraph (E)),
if the eligible professional is a meaningful EHR
user (as determined under paragraph (2)) for the
reporting period with respect to such year, in
addition to the amount otherwise paid under this
part, there also shall be paid to the eligible
professional (or to an employer or facility in
the cases described in clause (A) of section
1842(b)(6)), from the Federal Supplementary
Medical Insurance Trust Fund established under
section 1841 an amount equal to 75 percent of
the Secretary's estimate (based on claims
submitted not later than 2 months after the end
of the payment year) of the allowed charges
under this part for all such covered
professional services furnished by the eligible
professional during such year./
/ `(ii) NO INCENTIVE PAYMENTS WITH RESPECT TO
YEARS AFTER 2015- No incentive payments may be
made under this subsection with respect to a
year after 2015./
/ `(B) LIMITATIONS ON AMOUNTS OF INCENTIVE PAYMENTS- /
/ `(i) IN GENERAL- In no case shall the amount
of the incentive payment provided under this
paragraph for an eligible professional for a
payment year exceed the applicable amount
specified under this subparagraph with respect
to such eligible professional and such year./
/ `(ii) AMOUNT- Subject to clauses (iii) through
(v), the applicable amount specified in this
subparagraph for an eligible professional is as
follows:/
/ `(I) For the first payment year for such
professional, $15,000 (or, if the first
payment year for such eligible
professional is 2011 or 2012, $18,000)./
/ `(II) For the second payment year for
such professional, $12,000./
/ `(III) For the third payment year for
such professional, $8,000./
/ `(IV) For the fourth payment year for
such professional, $4,000./
/ `(V) For the fifth payment year for such
professional, $2,000./
/ `(VI) For any succeeding payment year
for such professional, $0./
/ `(iii) PHASE DOWN FOR ELIGIBLE PROFESSIONALS
FIRST ADOPTING EHR IN 2014- If the first payment
year for an eligible professional is 2014, then
the amount specified in this subparagraph for a
payment year for such professional is the same
as the amount specified in clause (ii) for such
payment year for an eligible professional whose
first payment year is 2013./
/ `(iv) INCREASE FOR CERTAIN RURAL ELIGIBLE
PROFESSIONALS- In the case of an eligible
professional who predominantly furnishes
services under this part in a rural area that is
designated by the Secretary (under section
332(a)(1)(A) of the Public Health Service Act)
as a health professional shortage area, the
amount that would otherwise apply for a payment
year for such professional under subclauses (I)
through (V) of clause (ii) shall be increased by
25 percent. In implementing the preceding
sentence, the Secretary may, as determined
appropriate, apply provisions of subsections (m)
and (u) of section 1833 in a similar manner as
such provisions apply under such subsection./
/ `(v) NO INCENTIVE PAYMENT IF FIRST ADOPTING
AFTER 2014- If the first payment year for an
eligible professional is after 2014 then the
applicable amount specified in this subparagraph
for such professional for such year and any
subsequent year shall be $0./
/ `(C) NON-APPLICATION TO HOSPITAL-BASED ELIGIBLE
PROFESSIONALS- /
/ `(i) IN GENERAL- No incentive payment may be
made under this paragraph in the case of a
hospital-based eligible professional./
/ `(ii) HOSPITAL-BASED ELIGIBLE PROFESSIONAL-
For purposes of clause (i), the term
`hospital-based eligible professional' means,
with respect to covered professional services
furnished by an eligible professional during the
reporting period for a payment year, an eligible
professional, such as a pathologist,
anesthesiologist, or emergency physician, who
furnishes substantially all of such services in
a hospital setting (whether inpatient or
outpatient) and through the use of the
facilities and equipment, including qualified
electronic health records, of the hospital./
/ `(D) PAYMENT- /
/ `(i) FORM OF PAYMENT- The payment under this
paragraph may be in the form of a single
consolidated payment or in the form of such
periodic installments as the Secretary may specify./
/ `(ii) COORDINATION OF APPLICATION OF
LIMITATION FOR PROFESSIONALS IN DIFFERENT
PRACTICES- In the case of an eligible
professional furnishing covered professional
services in more than one practice (as specified
by the Secretary), the Secretary shall establish
rules to coordinate the incentive payments,
including the application of the limitation on
amounts of such incentive payments under this
paragraph, among such practices./
/ `(iii) COORDINATION WITH MEDICAID- The
Secretary shall seek, to the maximum extent
practicable, to avoid duplicative requirements
from Federal and State Governments to
demonstrate meaningful use of certified EHR
technology under this title and title XIX. In
doing so, the Secretary may deem satisfaction of
State requirements for such meaningful use for a
payment year under title XIX to be sufficient to
qualify as meaningful use under this subsection
and subsection (a)(7) and vice versa. The
Secretary may also adjust the reporting periods
under such title and such subsections in order
to carry out this clause./
/ `(E) PAYMENT YEAR DEFINED- /
/ `(i) IN GENERAL- For purposes of this
subsection, the term `payment year' means a year
beginning with 2011./
/ `(ii) FIRST, SECOND, ETC. PAYMENT YEAR- The
term `first payment year' means, with respect to
covered professional services furnished by an
eligible professional, the first year for which
an incentive payment is made for such services
under this subsection. The terms `second payment
year', `third payment year', `fourth payment
year', and `fifth payment year' mean, with
respect to covered professional services
furnished by such eligible professional, each
successive year immediately following the first
payment year for such professional./
/ `(2) MEANINGFUL EHR USER- /
/ `(A) IN GENERAL- For purposes of paragraph (1), an
eligible professional shall be treated as a meaningful
EHR user for a reporting period for a payment year
(or, for purposes of subsection (a)(7), for a
reporting period under such subsection for a year) if
each of the following requirements is met:/
/ `(i) MEANINGFUL USE OF CERTIFIED EHR
TECHNOLOGY- The eligible professional
demonstrates to the satisfaction of the
Secretary, in accordance with subparagraph
(C)(i), that during such period the professional
is using certified EHR technology in a
meaningful manner, which shall include the use
of electronic prescribing as determined to be
appropriate by the Secretary./
/ `(ii) INFORMATION EXCHANGE- The eligible
professional demonstrates to the satisfaction of
the Secretary, in accordance with subparagraph
(C)(i), that during such period such certified
EHR technology is connected in a manner that
provides, in accordance with law and standards
applicable to the exchange of information, for
the electronic exchange of health information to
improve the quality of health care, such as
promoting care coordination./
/ `(iii) REPORTING ON MEASURES USING EHR-
Subject to subparagraph (B)(ii) and using such
certified EHR technology, the eligible
professional submits information for such
period, in a form and manner specified by the
Secretary, on such clinical quality measures and
such other measures as selected by the Secretary
under subparagraph (B)(i)./
/The Secretary may provide for the use of alternative
means for meeting the requirements of clauses (i),
(ii), and (iii) in the case of an eligible
professional furnishing covered professional services
in a group practice (as defined by the Secretary). The
Secretary shall seek to improve the use of electronic
health records and health care quality over time by
requiring more stringent measures of meaningful use
selected under this paragraph./
/ `(B) REPORTING ON MEASURES- /
/ `(i) SELECTION- The Secretary shall select
measures for purposes of subparagraph (A)(iii)
but only consistent with the following:/
/ `(I) The Secretary shall provide
preference to clinical quality measures
that have been endorsed by the entity with
a contract with the Secretary under
section 1890(a)./
/ `(II) Prior to any measure being
selected under this subparagraph, the
Secretary shall publish in the Federal
Register such measure and provide for a
period of public comment on such measure./
/ `(ii) LIMITATION- The Secretary may not
require the electronic reporting of information
on clinical quality measures under subparagraph
(A)(iii) unless the Secretary has the capacity
to accept the information electronically, which
may be on a pilot basis./
/ `(iii) COORDINATION OF REPORTING OF
INFORMATION- In selecting such measures, and in
establishing the form and manner for reporting
measures under subparagraph (A)(iii), the
Secretary shall seek to avoid redundant or
duplicative reporting otherwise required,
including reporting under subsection (k)(2)(C)./
/ `(C) DEMONSTRATION OF MEANINGFUL USE OF CERTIFIED
EHR TECHNOLOGY AND INFORMATION EXCHANGE- /
/ `(i) IN GENERAL- A professional may satisfy
the demonstration requirement of clauses (i) and
(ii) of subparagraph (A) through means specified
by the Secretary, which may include--/
/ `(I) an attestation;/
/ `(II) the submission of claims with
appropriate coding (such as a code
indicating that a patient encounter was
documented using certified EHR technology);/
/ `(III) a survey response;/
/ `(IV) reporting under subparagraph
(A)(iii); and/
/ `(V) other means specified by the
Secretary./
/ `(ii) USE OF PART D DATA- Notwithstanding
sections 1860D-15(d)(2)(B) and 1860D-15(f)(2),
the Secretary may use data regarding drug claims
submitted for purposes of section 1860D-15 that
are necessary for purposes of subparagraph (A)./
/ `(3) APPLICATION- /
/ `(A) PHYSICIAN REPORTING SYSTEM RULES- Paragraphs
(5), (6), and (8) of subsection (k) shall apply for
purposes of this subsection in the same manner as they
apply for purposes of such subsection./
/ `(B) COORDINATION WITH OTHER PAYMENTS- The
provisions of this subsection shall not be taken into
account in applying the provisions of subsection (m)
of this section and of section 1833(m) and any payment
under such provisions shall not be taken into account
in computing allowable charges under this subsection./
/ `(C) LIMITATIONS ON REVIEW- There shall be no
administrative or judicial review under section 1869,
section 1878, or otherwise of the determination of any
incentive payment under this subsection and the
payment adjustment under subsection (a)(7), including
the determination of a meaningful EHR user under
paragraph (2), a limitation under paragraph (1)(B),
and the exception under subsection (a)(7)(B)./
/ `(D) POSTING ON WEBSITE- The Secretary shall post on
the Internet website of the Centers for Medicare &
Medicaid Services, in an easily understandable format,
a list of the names, business addresses, and business
phone numbers of the eligible professionals who are
meaningful EHR users and, as determined appropriate by
the Secretary, of group practices receiving incentive
payments under paragraph (1)./
/ `(4) CERTIFIED EHR TECHNOLOGY DEFINED- For purposes of
this section, the term `certified EHR technology' means a
qualified electronic health record (as defined in 3000(13)
of the Public Health Service Act) that is certified pursuant
to section 3001(c)(5) of such Act as meeting standards
adopted under section 3004 of such Act that are applicable
to the type of record involved (as determined by the
Secretary, such as an ambulatory electronic health record
for office-based physicians or an inpatient hospital
electronic health record for hospitals)./
/ `(5) DEFINITIONS- For purposes of this subsection:/
/ `(A) COVERED PROFESSIONAL SERVICES- The term
`covered professional services' has the meaning given
such term in subsection (k)(3)./
/ `(B) ELIGIBLE PROFESSIONAL- The term `eligible
professional' means a physician, as defined in section
1861(r)./
/ `(C) REPORTING PERIOD- The term `reporting period'
means any period (or periods), with respect to a
payment year, as specified by the Secretary.'./
/ (b) Incentive Payment Adjustment- Section 1848(a) of the Social
Security Act (42 U.S.C. 1395w-4(a)) is amended by adding at the
end the following new paragraph:/
/ `(7) INCENTIVES FOR MEANINGFUL USE OF CERTIFIED EHR
TECHNOLOGY- /
/ `(A) ADJUSTMENT- /
/ `(i) IN GENERAL- Subject to subparagraphs (B)
and (D), with respect to covered professional
services furnished by an eligible professional
during 2015 or any subsequent payment year, if
the eligible professional is not a meaningful
EHR user (as determined under subsection (o)(2))
for a reporting period for the year, the fee
schedule amount for such services furnished by
such professional during the year (including the
fee schedule amount for purposes of determining
a payment based on such amount) shall be equal
to the applicable percent of the fee schedule
amount that would otherwise apply to such
services under this subsection (determined after
application of paragraph (3) but without regard
to this paragraph)./
/ `(ii) APPLICABLE PERCENT- Subject to clause
(iii), for purposes of clause (i), the term
`applicable percent' means--/
/ `(I) for 2015, 99 percent (or, in the
case of an eligible professional who was
subject to the application of the payment
adjustment under section 1848(a)(5) for
2014, 98 percent);/
/ `(II) for 2016, 98 percent; and/
/ `(III) for 2017 and each subsequent
year, 97 percent./
/ `(iii) AUTHORITY TO DECREASE APPLICABLE
PERCENTAGE FOR 2018 AND SUBSEQUENT YEARS- For
2018 and each subsequent year, if the Secretary
finds that the proportion of eligible
professionals who are meaningful EHR users (as
determined under subsection (o)(2)) is less than
75 percent, the applicable percent shall be
decreased by 1 percentage point from the
applicable percent in the preceding year, but in
no case shall the applicable percent be less
than 95 percent./
/ `(B) SIGNIFICANT HARDSHIP EXCEPTION- The Secretary
may, on a case-by-case basis, exempt an eligible
professional from the application of the payment
adjustment under subparagraph (A) if the Secretary
determines, subject to annual renewal, that compliance
with the requirement for being a meaningful EHR user
would result in a significant hardship, such as in the
case of an eligible professional who practices in a
rural area without sufficient Internet access. In no
case may an eligible professional be granted an
exemption under this subparagraph for more than 5 years./
/ `(C) APPLICATION OF PHYSICIAN REPORTING SYSTEM
RULES- Paragraphs (5), (6), and (8) of subsection (k)
shall apply for purposes of this paragraph in the same
manner as they apply for purposes of such subsection./
/ `(D) NON-APPLICATION TO HOSPITAL-BASED ELIGIBLE
PROFESSIONALS- No payment adjustment may be made under
subparagraph (A) in the case of hospital-based
eligible professionals (as defined in subsection
(o)(1)(C)(ii))./
/ `(E) DEFINITIONS- For purposes of this paragraph:/
/ `(i) COVERED PROFESSIONAL SERVICES- The term
`covered professional services' has the meaning
given such term in subsection (k)(3)./
/ `(ii) ELIGIBLE PROFESSIONAL- The term
`eligible professional' means a physician, as
defined in section 1861(r)./
/ `(iii) REPORTING PERIOD- The term `reporting
period' means, with respect to a year, a period
specified by the Secretary.'./
/ (c) Application to Certain MA-Affiliated Eligible Professionals-
Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is
amended by adding at the end the following new subsection:/
/ `(l) Application of Eligible Professional Incentives for Certain
MA Organizations for Adoption and Meaningful Use of Certified EHR
Technology- /
/ `(1) IN GENERAL- Subject to paragraphs (3) and (4), in the
case of a qualifying MA organization, the provisions of
sections 1848(o) and 1848(a)(7) shall apply with respect to
eligible professionals described in paragraph (2) of the
organization who the organization attests under paragraph
(6) to be meaningful EHR users in a similar manner as they
apply to eligible professionals under such sections.
Incentive payments under paragraph (3) shall be made to and
payment adjustments under paragraph (4) shall apply to such
qualifying organizations./
/ `(2) ELIGIBLE PROFESSIONAL DESCRIBED- With respect to a
qualifying MA organization, an eligible professional
described in this paragraph is an eligible professional (as
defined for purposes of section 1848(o)) who--/
/ `(A)(i) is employed by the organization; or/
/ `(ii)(I) is employed by, or is a partner of, an
entity that through contract with the organization
furnishes at least 80 percent of the entity's patient
care services to enrollees of such organization; and/
/ `(II) furnishes at least 75 percent of the
professional services of the eligible professional to
enrollees of the organization; and/
/ `(B) furnishes, on average, at least 20 hours per
week of patient care services./
/ `(3) ELIGIBLE PROFESSIONAL INCENTIVE PAYMENTS- /
/ `(A) IN GENERAL- In applying section 1848(o) under
paragraph (1), instead of the additional payment
amount under section 1848(o)(1)(A) and subject to
subparagraph (B), the Secretary may substitute an
amount determined by the Secretary to the extent
feasible and practical to be similar to the estimated
amount in the aggregate that would be payable if
payment for services furnished by such professionals
was payable under part B instead of this part./
/ `(B) AVOIDING DUPLICATION OF PAYMENTS- /
/ `(i) IN GENERAL- If an eligible professional
described in paragraph (2) is eligible for the
maximum incentive payment under section
1848(o)(1)(A) for the same payment period, the
payment incentive shall be made only under such
section and not under this subsection./
/ `(ii) METHODS- In the case of an eligible
professional described in paragraph (2) who is
eligible for an incentive payment under section
1848(o)(1)(A) but is not described in clause (i)
for the same payment period, the Secretary shall
develop a process--/
/ `(I) to ensure that duplicate payments
are not made with respect to an eligible
professional both under this subsection
and under section 1848(o)(1)(A); and/
/ `(II) to collect data from Medicare
Advantage organizations to ensure against
such duplicate payments./
/ `(C) FIXED SCHEDULE FOR APPLICATION OF LIMITATION ON
INCENTIVE PAYMENTS FOR ALL ELIGIBLE PROFESSIONALS- In
applying section 1848(o)(1)(B)(ii) under subparagraph
(A), in accordance with rules specified by the
Secretary, a qualifying MA organization shall specify
a year (not earlier than 2011) that shall be treated
as the first payment year for all eligible
professionals with respect to such organization./
/ `(D) CAP FOR ECONOMIES OF SCALE- In no case may an
incentive payment be made under this subsection,
including under subparagraph (A), to a qualifying MA
organization with respect to more than 5,000 eligible
professionals of the organization./
/ `(4) PAYMENT ADJUSTMENT- /
/ `(A) IN GENERAL- In applying section 1848(a)(7)
under paragraph (1), instead of the payment adjustment
being an applicable percent of the fee schedule amount
for a year under such section, subject to subparagraph
(D), the payment adjustment under paragraph (1) shall
be equal to the percent specified in subparagraph (B)
for such year of the payment amount otherwise provided
under this section for such year./
/ `(B) SPECIFIED PERCENT- The percent specified under
this subparagraph for a year is 100 percent minus a
number of percentage points equal to the product of--/
/ `(i) a percentage equal to 100 percent reduced
by the applicable percent (under section
1848(a)(7)(A)(ii)) for the year; and/
/ `(ii) a percentage equal to the Secretary's
estimate of the proportion for the year, of the
expenditures under parts A and B that are not
attributable to this part, that are attributable
to expenditures for physicians' services./
/ `(C) APPLICATION OF PAYMENT ADJUSTMENT- In the case
that a qualifying MA organization attests that not all
eligible professionals of the organization are
meaningful EHR users with respect to a year, the
Secretary shall apply the payment adjustment under
this paragraph based on the proportion of all eligible
professionals of the organization that are not
meaningful EHR users for such year. If the number of
eligible professionals of the organization that are
not meaningful EHR users for such year exceeds 5,000,
such number shall be reduced to 5,000 for purposes of
determining the proportion under the preceding sentence./
/ `(5) QUALIFYING MA ORGANIZATION DEFINED- In this
subsection and subsection (m), the term `qualifying MA
organization' means a Medicare Advantage organization that
is organized as a health maintenance organization (as
defined in section 2791(b)(3) of the Public Health Service
Act)./
/ `(6) MEANINGFUL EHR USER ATTESTATION- For purposes of this
subsection and subsection (m), a qualifying MA organization
shall submit an attestation, in a form and manner specified
by the Secretary which may include the submission of such
attestation as part of submission of the initial bid under
section 1854(a)(1)(A)(iv), identifying--/
/ `(A) whether each eligible professional described in
paragraph (2), with respect to such organization is a
meaningful EHR user (as defined in section 1848(o)(2))
for a year specified by the Secretary; and/
/ `(B) whether each eligible hospital described in
subsection (m)(1), with respect to such organization,
is a meaningful EHR user (as defined in section
1886(n)(3)) for an applicable period specified by the
Secretary./
/ `(7) POSTING ON WEBSITE- The Secretary shall post on the
Internet website of the Centers for Medicare & Medicaid
Services, in an easily understandable format, a list of the
names, business addresses, and business phone numbers of--/
/ `(A) each qualifying MA organization receiving an
incentive payment under this subsection for eligible
professionals of the organization; and/
/ `(B) the eligible professionals of such organization
for which such incentive payment is based.'./
/ (d) Conforming Amendments- Section 1853 of the Social Security
Act (42 U.S.C. 1395w-23) is amended--/
/ (1) in subsection (a)(1)(A), by striking `and (i)' and
inserting `(i), and (l)';/
/ (2) in subsection (c)--/
/ (A) in paragraph (1)(D)(i), by striking `section
1886(h)' and inserting `sections 1848(o) and 1886(h)';
and/
/ (B) in paragraph (6)(A), by inserting after `under
part B,' the following: `excluding expenditures
attributable to subsections (a)(7) and (o) of section
1848,'; and/
/ (3) in subsection (f), by inserting `and for payments
under subsection (l)' after `with the organization'./
/ (e) Conforming Amendments to e-Prescribing- /
/ (1) Section 1848(a)(5)(A) of the Social Security Act (42
U.S.C. 1395w-4(a)(5)(A)) is amended--/
/ (A) in clause (i), by striking `or any subsequent
year' and inserting `, 2013, or 2014'; and/
/ (B) in clause (ii), by striking `and each subsequent
year'./
/ (2) Section 1848(m)(2) of such Act (42 U.S.C.
1395w-4(m)(2)) is amended--/
/ (A) in subparagraph (A), by striking `For 2009' and
inserting `Subject to subparagraph (D), for 2009'; and/
/ (B) by adding at the end the following new
subparagraph:/
/ `(D) LIMITATION WITH RESPECT TO EHR INCENTIVE
PAYMENTS- The provisions of this paragraph shall not
apply to an eligible professional (or, in the case of
a group practice under paragraph (3)(C), to the group
practice) if, for the reporting period the eligible
professional (or group practice) receives an incentive
payment under subsection (o)(1)(A) with respect to a
certified EHR technology (as defined in subsection
(o)(4)) that has the capability of electronic
prescribing.'./
/ (f) Providing Assistance to Eligible Professionals and Certain
Hospitals- /
/ (1) IN GENERAL- The Secretary of Health and Human Services
shall provide assistance to eligible professionals (as
defined in section 1848(o)(5), as added by subsection (a)),
Medicaid providers (as defined in section 1903(t)(2) of such
Act, as added by section 4211(a)), and eligible hospitals
(as defined in section 1886(n)(6)(A) of such Act, as added
by section 4202(a)) located in rural or other medically
underserved areas to successfully choose, implement, and use
certified EHR technology (as defined in section 1848(o)(4)
of the Social Security Act, as added by section 4201(a))./
/ (2) USE OF ENTITIES WITH EXPERTISE- To the extent
practicable, the Secretary shall provide such assistance
through entities that have expertise in the choice,
implementation, and use of such certified EHR technology./
/SEC. 4202. INCENTIVES FOR HOSPITALS./
/ (a) Incentive Payment- Section 1886 of the Social Security Act
(42 U.S.C. 1395ww) is amended by adding at the end the following
new subsection:/
/ `(n) Incentives for Adoption and Meaningful Use of Certified EHR
Technology- /
/ `(1) IN GENERAL- Subject to the succeeding provisions of
this subsection, with respect to inpatient hospital services
furnished by an eligible hospital during a payment year (as
defined in paragraph (2)(G)), if the eligible hospital is a
meaningful EHR user (as determined under paragraph (3)) for
the reporting period with respect to such year, in addition
to the amount otherwise paid under this section, there also
shall be paid to the eligible hospital, from the Federal
Hospital Insurance Trust Fund established under section
1817, an amount equal to the applicable amount specified in
paragraph (2)(A) for the hospital for such payment year./
/ `(2) PAYMENT AMOUNT- /
/ `(A) IN GENERAL- Subject to the succeeding
subparagraphs of this paragraph, the applicable amount
specified in this subparagraph for an eligible
hospital for a payment year is equal to the product of
the following:/
/ `(i) INITIAL AMOUNT- The sum of--/
/ `(I) the base amount specified in
subparagraph (B); plus/
/ `(II) the discharge related amount
specified in subparagraph (C) for a
12-month period selected by the Secretary
with respect to such payment year./
/ `(ii) MEDICARE SHARE- The Medicare share as
specified in subparagraph (D) for the hospital
for a period selected by the Secretary with
respect to such payment year./
/ `(iii) TRANSITION FACTOR- The transition
factor specified in subparagraph (E) for the
hospital for the payment year./
/ `(B) BASE AMOUNT- The base amount specified in this
subparagraph is $2,000,000./
/ `(C) DISCHARGE RELATED AMOUNT- The discharge related
amount specified in this subparagraph for a 12-month
period selected by the Secretary shall be determined
as the sum of the amount, based upon total discharges
(regardless of any source of payment) for the period,
for each discharge up to the 23,000th discharge as
follows:/
/ `(i) For the 1,150th through the 9,200nd
discharge, $200./
/ `(ii) For the 9,201st through the 13,800th
discharge, 50 percent of the amount specified in
clause (i)./
/ `(iii) For the 13,801st through the 23,000th
discharge, 30 percent of the amount specified in
clause (i)./
/ `(D) MEDICARE SHARE- The Medicare share specified
under this subparagraph for a hospital for a period
selected by the Secretary for a payment year is equal
to the fraction--/
/ `(i) the numerator of which is the sum (for
such period and with respect to the hospital) of--/
/ `(I) the number of inpatient-bed-days
(as established by the Secretary) which
are attributable to individuals with
respect to whom payment may be made under
part A; and/
/ `(II) the number of inpatient-bed-days
(as so established) which are attributable
to individuals who are enrolled with a
Medicare Advantage organization under part
C; and/
/ `(ii) the denominator of which is the product
of--/
/ `(I) the total number of
inpatient-bed-days with respect to the
hospital during such period; and/
/ `(II) the total amount of the hospital's
charges during such period, not including
any charges that are attributable to
charity care (as such term is used for
purposes of hospital cost reporting under
this title), divided by the total amount
of the hospital's charges during such period./
/Insofar as the Secretary determines that data are not
available on charity care necessary to calculate the
portion of the formula specified in clause (ii)(II),
the Secretary shall use data on uncompensated care and
may adjust such data so as to be an appropriate proxy
for charity care including a downward adjustment to
eliminate bad debt data from uncompensated care data.
In the absence of the data necessary, with respect to
a hospital, for the Secretary to compute the amount
described in clause (ii)(II), the amount under such
clause shall be deemed to be 1. In the absence of
data, with respect to a hospital, necessary to compute
the amount described in clause (i)(II), the amount
under such clause shall be deemed to be 0./
/ `(E) TRANSITION FACTOR SPECIFIED- /
/ `(i) IN GENERAL- Subject to clause (ii), the
transition factor specified in this subparagraph
for an eligible hospital for a payment year is
as follows:/
/ `(I) For the first payment year for such
hospital, 1./
/ `(II) For the second payment year for
such hospital, 3/4 ./
/ `(III) For the third payment year for
such hospital, 1/2 ./
/ `(IV) For the fourth payment year for
such hospital, 1/4 ./
/ `(V) For any succeeding payment year for
such hospital, 0./
/ `(ii) PHASE DOWN FOR ELIGIBLE HOSPITALS FIRST
ADOPTING EHR AFTER 2013- If the first payment
year for an eligible hospital is after 2013,
then the transition factor specified in this
subparagraph for a payment year for such
hospital is the same as the amount specified in
clause (i) for such payment year for an eligible
hospital for which the first payment year is
2013. If the first payment year for an eligible
hospital is after 2015 then the transition
factor specified in this subparagraph for such
hospital and for such year and any subsequent
year shall be 0./
/ `(F) FORM OF PAYMENT- The payment under this
subsection for a payment year may be in the form of a
single consolidated payment or in the form of such
periodic installments as the Secretary may specify./
/ `(G) PAYMENT YEAR DEFINED- /
/ `(i) IN GENERAL- For purposes of this
subsection, the term `payment year' means a
fiscal year beginning with fiscal year 2011./
/ `(ii) FIRST, SECOND, ETC. PAYMENT YEAR- The
term `first payment year' means, with respect to
inpatient hospital services furnished by an
eligible hospital, the first fiscal year for
which an incentive payment is made for such
services under this subsection. The terms
`second payment year', `third payment year', and
`fourth payment year' mean, with respect to an
eligible hospital, each successive year
immediately following the first payment year for
that hospital./
/ `(H) LIMITATION FOR CRITICAL ACCESS HOSPITALS- In no
case shall the total amount of payments made under
this subsection to a critical access hospital for all
payment years exceed $1,500,000./
/ `(3) MEANINGFUL EHR USER- /
/ `(A) IN GENERAL- For purposes of paragraph (1), an
eligible hospital shall be treated as a meaningful EHR
user for a reporting period for a payment year (or,
for purposes of subsection (b)(3)(B)(ix), for a
reporting period under such subsection for a fiscal
year) if each of the following requirements are met:/
/ `(i) MEANINGFUL USE OF CERTIFIED EHR
TECHNOLOGY- The eligible hospital demonstrates
to the satisfaction of the Secretary, in
accordance with subparagraph (C)(i), that during
such period the hospital is using certified EHR
technology in a meaningful manner./
/ `(ii) INFORMATION EXCHANGE- The eligible
hospital demonstrates to the satisfaction of the
Secretary, in accordance with subparagraph
(C)(i), that during such period such certified
EHR technology is connected in a manner that
provides, in accordance with law and standards
applicable to the exchange of information, for
the electronic exchange of health information to
improve the quality of health care, such as
promoting care coordination./
/ `(iii) REPORTING ON MEASURES USING EHR-
Subject to subparagraph (B)(ii) and using such
certified EHR technology, the eligible hospital
submits information for such period, in a form
and manner specified by the Secretary, on such
clinical quality measures and such other
measures as selected by the Secretary under
subparagraph (B)(i)./
/The Secretary shall seek to improve the use of
electronic health records and health care quality over
time by requiring more stringent measures of
meaningful use selected under this paragraph./
/ `(B) REPORTING ON MEASURES- /
/ `(i) SELECTION- The Secretary shall select
measures for purposes of subparagraph (A)(iii)
but only consistent with the following:/
/ `(I) The Secretary shall provide
preference to clinical quality measures
that have been selected for purposes of
applying subsection (b)(3)(B)(viii) or
that have been endorsed by the entity with
a contract with the Secretary under
section 1890(a)./
/ `(II) Prior to any measure (other than a
clinical quality measure that has been
selected for purposes of applying
subsection (b)(3)(B)(viii)) being selected
under this subparagraph, the Secretary
shall publish in the Federal Register such
measure and provide for a period of public
comment on such measure./
/ `(ii) LIMITATIONS- The Secretary may not
require the electronic reporting of information
on clinical quality measures under subparagraph
(A)(iii) unless the Secretary has the capacity
to accept the information electronically, which
may be on a pilot basis./
/ `(iii) COORDINATION OF REPORTING OF
INFORMATION- In selecting such measures, and in
establishing the form and manner for reporting
measures under subparagraph (A)(iii), the
Secretary shall seek to avoid redundant or
duplicative reporting with reporting otherwise
required, including reporting under subsection
(b)(3)(B)(viii)./
/ `(C) DEMONSTRATION OF MEANINGFUL USE OF CERTIFIED
EHR TECHNOLOGY AND INFORMATION EXCHANGE- /
/ `(i) IN GENERAL- A hospital may satisfy the
demonstration requirement of clauses (i) and
(ii) of subparagraph (A) through means specified
by the Secretary, which may include--/
/ `(I) an attestation;/
/ `(II) the submission of claims with
appropriate coding (such as a code
indicating that inpatient care was
documented using certified EHR technology);/
/ `(III) a survey response;/
/ `(IV) reporting under subparagraph
(A)(iii); and/
/ `(V) other means specified by the
Secretary./
/ `(ii) USE OF PART D DATA- Notwithstanding
sections 1860D-15(d)(2)(B) and 1860D-15(f)(2),
the Secretary may use data regarding drug claims
submitted for purposes of section 1860D-15 that
are necessary for purposes of subparagraph (A)./
/ `(4) APPLICATION- /
/ `(A) LIMITATIONS ON REVIEW- There shall be no
administrative or judicial review under section 1869,
section 1878, or otherwise of the determination of any
incentive payment under this subsection and the
payment adjustment under subsection (b)(3)(B)(ix),
including the determination of a meaningful EHR user
under paragraph (3), determination of measures
applicable to services furnished by eligible hospitals
under this subsection, and the exception under
subsection (b)(3)(B)(ix)(II)./
/ `(B) POSTING ON WEBSITE- The Secretary shall post on
the Internet website of the Centers for Medicare &
Medicaid Services, in an easily understandable format,
a list of the names of the eligible hospitals that are
meaningful EHR users under this subsection or
subsection (b)(3)(B)(ix) and other relevant data as
determined appropriate by the Secretary. The Secretary
shall ensure that a hospital has the opportunity to
review the other relevant data that are to be made
public with respect to the hospital prior to such data
being made public./
/ `(5) CERTIFIED EHR TECHNOLOGY DEFINED- The term `certified
EHR technology' has the meaning given such term in section
1848(o)(4)./
/ `(6) DEFINITIONS- For purposes of this subsection:/
/ `(A) ELIGIBLE HOSPITAL- The term `eligible hospital'
means--/
/ `(i) a subsection (d) hospital; and/
/ `(ii) a critical access hospital (as defined
in section 1861(mm)(1))./
/ `(B) REPORTING PERIOD- The term `reporting period'
means any period (or periods), with respect to a
payment year, as specified by the Secretary.'./
/ (b) Incentive Market Basket Adjustment- /
/ (1) IN GENERAL- Section 1886(b)(3)(B) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended--/
/ (A) in clause (viii)(I), by inserting `(or,
beginning with fiscal year 2016, by one-quarter)'
after `2.0 percentage points'; and/
/ (B) by adding at the end the following new clause:/
/ `(ix)(I) For purposes of clause (i) for fiscal year 2015 and
each subsequent fiscal year, in the case of an eligible hospital
(as defined in subsection (n)(6)(A)) that is not a meaningful EHR
user (as defined in subsection (n)(3)) for the reporting period
for such fiscal year, three-quarters of the applicable percentage
increase otherwise applicable under clause (i) for such fiscal
year shall be reduced by 33 1/3 percent for fiscal year 2015, 66
2/3 percent for fiscal year 2016, and 100 percent for fiscal year
2017 and each subsequent fiscal year. Such reduction shall apply
only with respect to the fiscal year involved and the Secretary
shall not take into account such reduction in computing the
applicable percentage increase under clause (i) for a subsequent
fiscal year./
/ `(II) The Secretary may, on a case-by-case basis, exempt a
subsection (d) hospital from the application of subclause (I) with
respect to a fiscal year if the Secretary determines, subject to
annual renewal, that requiring such hospital to be a meaningful
EHR user during such fiscal year would result in a significant
hardship, such as in the case of a hospital in a rural area
without sufficient Internet access. In no case may a hospital be
granted an exemption under this subclause for more than 5 years./
/ `(III) For fiscal year 2015 and each subsequent fiscal year, a
State in which hospitals are paid for services under section
1814(b)(3) shall adjust the payments to each subsection (d)
hospital in the State that is not a meaningful EHR user (as
defined in subsection (n)(3)) in a manner that is designed to
result in an aggregate reduction in payments to hospitals in the
State that is equivalent to the aggregate reduction that would
have occurred if payments had been reduced to each subsection (d)
hospital in the State in a manner comparable to the reduction
under the previous provisions of this clause. The State shall
report to the Secretary the methodology it will use to make the
payment adjustment under the previous sentence./
/ `(IV) For purposes of this clause, the term `reporting period'
means, with respect to a fiscal year, any period (or periods),
with respect to the fiscal year, as specified by the Secretary.'./
/ (2) CRITICAL ACCESS HOSPITALS- Section 1814(l) of the
Social Security Act (42 U.S.C. 1395f(l)) is amended--/
/ (A) in subparagraph (1), by striking `paragraph (2)'
and inserting `paragraphs (2) and (3)'; and/
/ (B) by adding at the end the following new paragraph:/
/ `(3)(A) Subject to subparagraph (B), for fiscal year 2015 and
each subsequent fiscal year, in the case of a critical access
hospital that is not a meaningful EHR user (as defined in section
1886(n)(3)) for the reporting period for such fiscal year,
paragraph (1) shall be applied by substituting the applicable
percent under subparagraph (C) for the percent described in such
paragraph (1)./
/ `(B) The Secretary may, on a case-by-case basis, exempt a
critical access hospital from the application of subparagraph (A)
with respect to a fiscal year if the Secretary determines, subject
to annual renewal, that requiring such hospital to be a meaningful
EHR user during such fiscal year would result in a significant
hardship, such as in the case of a hospital in a rural area
without sufficient Internet access. In no case may a hospital be
granted an exemption under this subparagraph for more than 5 years./
/ `(C) The percent described in this subparagraph is--/
/ `(i) for fiscal year 2015, 100.66 percent;/
/ `(ii) for fiscal year 2016, 100.33 percent; and/
/ `(iii) for fiscal year 2017 and each subsequent fiscal
year, 100 percent.'./
/ (c) Application to Certain MA-Affiliated Eligible Hospitals-
Section 1853 of the Social Security Act (42 U.S.C. 1395w-23), as
amended by section 4201(c), is further amended by adding at the
end the following new subsection:/
/ `(m) Application of Eligible Hospital Incentives for Certain MA
Organizations for Adoption and Meaningful Use of Certified EHR
Technology- /
/ `(1) APPLICATION- Subject to paragraphs (3) and (4), in
the case of a qualifying MA organization, the provisions of
sections 1814(l)(3), 1886(n), and 1886(b)(3)(B)(ix) shall
apply with respect to eligible hospitals described in
paragraph (2) of the organization which the organization
attests under subsection (l)(6) to be meaningful EHR users
in a similar manner as they apply to eligible hospitals
under such sections. Incentive payments under paragraph (3)
shall be made to and payment adjustments under paragraph (4)
shall apply to such qualifying organizations./
/ `(2) ELIGIBLE HOSPITAL DESCRIBED- With respect to a
qualifying MA organization, an eligible hospital described
in this paragraph is an eligible hospital (as defined in
section 1886(n)(6)(A)) that is under common corporate
governance with such organization and serves individuals
enrolled under an MA plan offered by such organization./
/ `(3) ELIGIBLE HOSPITAL INCENTIVE PAYMENTS- /
/ `(A) IN GENERAL- In applying section 1886(n)(2)
under paragraph (1), instead of the additional payment
amount under section 1886(n)(2), there shall be
substituted an amount determined by the Secretary to
be similar to the estimated amount in the aggregate
that would be payable if payment for services
furnished by such hospitals was payable under part A
instead of this part. In implementing the previous
sentence, the Secretary--/
/ `(i) shall, insofar as data to determine the
discharge related amount under section
1886(n)(2)(C) for an eligible hospital are not
available to the Secretary, use such alternative
data and methodology to estimate such discharge
related amount as the Secretary determines
appropriate; and/
/ `(ii) shall, insofar as data to determine the
medicare share described in section
1886(n)(2)(D) for an eligible hospital are not
available to the Secretary, use such alternative
data and methodology to estimate such share,
which data and methodology may include use of
the inpatient bed days (or discharges) with
respect to an eligible hospital during the
appropriate period which are attributable to
both individuals for whom payment may be made
under part A or individuals enrolled in an MA
plan under a Medicare Advantage organization
under this part as a proportion of the total
number of patient-bed-days (or discharges) with
respect to such hospital during such period./
/ `(B) AVOIDING DUPLICATION OF PAYMENTS- /
/ `(i) IN GENERAL- In the case of a hospital
that for a payment year is an eligible hospital
described in paragraph (2) and for which at
least one-third of their discharges (or
bed-days) of Medicare patients for the year are
covered under part A, payment for the payment
year shall be made only under section 1886(n)
and not under this subsection./
/ `(ii) METHODS- In the case of a hospital that
is an eligible hospital described in paragraph
(2) and also is eligible for an incentive
payment under section 1886(n) but is not
described in clause (i) for the same payment
period, the Secretary shall develop a process--/
/ `(I) to ensure that duplicate payments
are not made with respect to an eligible
hospital both under this subsection and
under section 1886(n); and/
/ `(II) to collect data from Medicare
Advantage organizations to ensure against
such duplicate payments./
/ `(4) PAYMENT ADJUSTMENT- /
/ `(A) Subject to paragraph (3), in the case of a
qualifying MA organization (as defined in section
1853(l)(5)), if, according to the attestation of the
organization submitted under subsection (l)(6) for an
applicable period, one or more eligible hospitals (as
defined in section 1886(n)(6)(A)) that are under
common corporate governance with such organization and
that serve individuals enrolled under a plan offered
by such organization are not meaningful EHR users (as
defined in section 1886(n)(3)) with respect to a
period, the payment amount payable under this section
for such organization for such period shall be the
percent specified in subparagraph (B) for such period
of the payment amount otherwise provided under this
section for such period./
/ `(B) SPECIFIED PERCENT- The percent specified under
this subparagraph for a year is 100 percent minus a
number of percentage points equal to the product of--/
/ `(i) the number of the percentage point
reduction effected under section
1886(b)(3)(B)(ix)(I) for the period; and/
/ `(ii) the Medicare hospital expenditure
proportion specified in subparagraph (C) for the
year./
/ `(C) MEDICARE HOSPITAL EXPENDITURE PROPORTION- The
Medicare hospital expenditure proportion under this
subparagraph for a year is the Secretary's estimate of
the proportion, of the expenditures under parts A and
B that are not attributable to this part, that are
attributable to expenditures for inpatient hospital
services./
/ `(D) APPLICATION OF PAYMENT ADJUSTMENT- In the case
that a qualifying MA organization attests that not all
eligible hospitals are meaningful EHR users with
respect to an applicable period, the Secretary shall
apply the payment adjustment under this paragraph
based on a methodology specified by the Secretary,
taking into account the proportion of such eligible
hospitals, or discharges from such hospitals, that are
not meaningful EHR users for such period./
/ `(5) POSTING ON WEBSITE- The Secretary shall post on the
Internet website of the Centers for Medicare & Medicaid
Services, in an easily understandable format--/
/ `(A) a list of the names, business addresses, and
business phone numbers of each qualifying MA
organization receiving an incentive payment under this
subsection for eligible hospitals described in
paragraph (2); and/
/ `(B) a list of the names of the eligible hospitals
for which such incentive payment is based.'./
/ (d) Conforming Amendments- /
/ (1) Section 1814(b) of the Social Security Act (42 U.S.C.
1395f(b)) is amended--/
/ (A) in paragraph (3), in the matter preceding
subparagraph (A), by inserting `, subject to section
1886(d)(3)(B)(ix)(III),' after `then'; and/
/ (B) by adding at the end the following: `For
purposes of applying paragraph (3), there shall be
taken into account incentive payments, and payment
adjustments under subsection (b)(3)(B)(ix) or (n) of
section 1886.'./
/ (2) Section 1851(i)(1) of the Social Security Act (42
U.S.C. 1395w-21(i)(1)) is amended by striking `and
1886(h)(3)(D)' and inserting `1886(h)(3)(D), and 1853(m)'./
/ (3) Section 1853 of the Social Security Act (42 U.S.C.
1395w-23), as amended by section 4311(d)(1), is amended--/
/ (A) in subsection (c)--/
/ (i) in paragraph (1)(D)(i), by striking
`1848(o)' and inserting `, 1848(o), and
1886(n)'; and/
/ (ii) in paragraph (6)(A), by inserting `and
subsections (b)(3)(B)(ix) and (n) of section
1886' after `section 1848'; and/
/ (B) in subsection (f), by inserting `and subsection
(m)' after `under subsection (l)'./
/SEC. 4203. PREMIUM HOLD HARMLESS AND IMPLEMENTATION FUNDING./
/ (a) Premium Hold Harmless- /
/ (1) IN GENERAL- Section 1839(a)(1) of the Social Security
Act (42 U.S.C. 1395r(a)(1)) is amended by adding at the end
the following: `In applying this paragraph there shall not
be taken into account additional payments under section
1848(o) and section 1853(l)(3) and the Government
contribution under section 1844(a)(3).'./
/ (2) PAYMENT- Section 1844(a) of such Act (42 U.S.C.
1395w(a)) is amended--/
/ (A) in paragraph (2), by striking the period at the
end and inserting `; plus'; and/
/ (B) by adding at the end the following new paragraph:/
/ `(3) a Government contribution equal to the amount of
payment incentives payable under sections 1848(o) and
1853(l)(3).'./
/ (b) Implementation Funding- In addition to funds otherwise
available, out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Secretary of Health
and Human Services for the Center for Medicare & Medicaid Services
Program Management Account, $100,000,000 for each of fiscal years
2009 through 2015 and $45,000,000 for each succeeding fiscal year
through fiscal year 2018, which shall be available for purposes of
carrying out the provisions of (and amendments made by) this part.
Amounts appropriated under this subsection for a fiscal year shall
be available until expended./
/SEC. 4204. NON-APPLICATION OF PHASED-OUT INDIRECT MEDICAL
EDUCATION (IME) ADJUSTMENT FACTOR FOR FISCAL YEAR 2009./
/ (a) In General- Section 412.322 of title 42, Code of Federal
Regulations, shall be applied without regard to paragraph (c) of
such section, and the Secretary of Health and Human Services shall
recompute payments for discharges occurring on or after October 1,
2008, as if such paragraph had never been in effect./
/ (b) No Effect on Subsequent Years- Nothing in subsection (a)
shall be construed as having any effect on the application of
paragraph (d) of section 412.322 of title 42, Code of Federal
Regulations./
/SEC. 4205. STUDY ON APPLICATION OF EHR PAYMENT INCENTIVES FOR
PROVIDERS NOT RECEIVING OTHER INCENTIVE PAYMENTS./
/ (a) Study- /
/ (1) IN GENERAL- The Secretary of Health and Human Services
shall conduct a study to determine the extent to which and
manner in which payment incentives (such as under title
XVIII or XIX of the Social Security Act) and other funding
for purposes of implementing and using certified EHR
technology (as defined in section 1848(o)(4) of the Social
Security Act, as added by section 4311(a)) should be made
available to health care providers who are receiving minimal
or no payment incentives or other funding under this Act,
under title XVIII or XIX of such Act, or otherwise, for such
purposes./
/ (2) DETAILS OF STUDY- Such study shall include an
examination of--/
/ (A) the adoption rates of certified EHR technology
(as so defined) by such health care providers;/
/ (B) the clinical utility of such technology by such
health care providers;/
/ (C) whether the services furnished by such health
care providers are appropriate for or would benefit
from the use of such technology;/
/ (D) the extent to which such health care providers
work in settings that might otherwise receive an
incentive payment or other funding under this Act,
title XVIII or XIX of the Social Security Act, or
otherwise;/
/ (E) the potential costs and the potential benefits
of making payment incentives and other funding
available to such health care providers; and/
/ (F) any other issues the Secretary deems to be
appropriate./
/ (b) Report- Not later than June 30, 2010, the Secretary shall
submit to Congress a report on the findings and conclusions of the
study conducted under subsection (a)./
/SEC. 4206. STUDY ON AVAILABILITY OF OPEN SOURCE HEALTH
INFORMATION TECHNOLOGY SYSTEMS./
/ (a) In General- /
/ (1) STUDY- The Secretary of Health and Human Services
shall, in consultation with the Under Secretary for Health
of the Veterans Health Administration, the Director of the
Indian Health Service, the Secretary of Defense, the
Director of the Agency for Healthcare Research and Quality,
the Administrator of the Health Resources and Services
Administration, and the Chairman of the Federal
Communications Commission, conduct a study on--/
/ (A) the current availability of open source health
information technology systems to Federal safety net
providers (including small, rural providers);/
/ (B) the total cost of ownership of such systems in
comparison to the cost of proprietary commercial
products available;/
/ (C) the ability of such systems to respond to the
needs of, and be applied to, various populations
(including children and disabled individuals); and/
/ (D) the capacity of such systems to facilitate
interoperability./
/ (2) CONSIDERATIONS- In conducting the study under
paragraph (1), the Secretary of Health and Human Services
shall take into account the circumstances of smaller health
care providers, health care providers located in rural or
other medically underserved areas, and safety net providers
that deliver a significant level of health care to uninsured
individuals, Medicaid beneficiaries, SCHIP beneficiaries,
and other vulnerable individuals./
/ (b) Report- Not later than October 1, 2010, the Secretary of
Health and Human Services shall submit to Congress a report on the
findings and the conclusions of the study conducted under
subsection (a), together with recommendations for such legislation
and administrative action as the Secretary determines appropriate./
/Subtitle B--Medicaid Funding/
/SEC. 4211. MEDICAID PROVIDER EHR ADOPTION AND OPERATION PAYMENTS;
IMPLEMENTATION FUNDING./
/ (a) In General- Section 1903 of the Social Security Act (42
U.S.C. 1396b) is amended--/
/ (1) in subsection (a)(3)--/
/ (A) by striking `and' at the end of subparagraph (D);/
/ (B) by striking `plus' at the end of subparagraph
(E) and inserting `and'; and/
/ (C) by adding at the end the following new
subparagraph:/
/ `(F)(i) 100 percent of so much of the sums expended
during such quarter as are attributable to payments
for certified EHR technology (and support services
including maintenance and training that is for, or is
necessary for the adoption and operation of, such
technology) by Medicaid providers described in
subsection (t)(1); and/
/ `(ii) 90 percent of so much of the sums expended
during such quarter as are attributable to payments
for reasonable administrative expenses related to the
administration of payments described in clause (i) if
the State meets the condition described in subsection
(t)(9); plus'; and/
/ (2) by inserting after subsection (s) the following new
subsection:/
/ `(t)(1)(A) For purposes of subsection (a)(3)(F), the payments
for certified EHR technology (and support services including
maintenance that is for, or is necessary for the operation of,
such technology) by Medicaid providers described in this paragraph
are payments made by the State in accordance with this subsection
of the applicable percent of the net allowable costs of Medicaid
providers (as defined in paragraph (2)) for such technology (and
support services)./
/ `(B) For purposes of subparagraph (A), the term `applicable
percent' means--/
/ `(i) in the case of a Medicaid provider described in
paragraph (2)(A), 85 percent;/
/ `(ii) in the case of a Medicaid provider described in
clause (i) or (ii) of paragraph (2)(B), 100 percent; and/
/ `(iii) in the case of a Medicaid provider described in
clause (iii) of paragraph (2)(B), a percent specified by the
Secretary, but not less than 85 percent./
/ `(2) In this subsection and subsection (a)(3)(F), the term
`Medicaid provider' means--/
/ `(A) an eligible professional (as defined in paragraph
(3)(B)) who is not hospital-based and has at least 30
percent of the professional's patient volume (as estimated
in accordance with standards established by the Secretary)
attributable to individuals who are receiving medical
assistance under this title; and/
/ `(B)(i) a children's hospital, (ii) an acute-care hospital
that is not described in clause (i) and that has at least 10
percent of the hospital's patient volume (as estimated in
accordance with standards established by the Secretary)
attributable to individuals who are receiving medical
assistance under this title, or (iii) a Federally-qualified
health center or rural health clinic that has at least 30
percent of the center's or clinic's patient volume (as
estimated in accordance with standards established by the
Secretary) attributable to individuals who are receiving
medical assistance under this title./
/An eligible professional shall not qualify as a Medicaid provider
under this subsection unless the professional has waived, in a
manner specified by the Secretary, any right to payment under
section 1848(o) with respect to the adoption or support of
certified EHR technology by the eligible professional. In applying
clauses (ii) and (iii) of subparagraph (B), the standards
established by the Secretary for patient volume shall include
individuals enrolled in a Medicaid managed care plan (under
section 1903(m) or section 1932)./
/ `(3) In this subsection and subsection (a)(3)(F):/
/ `(A) The term `certified EHR technology' means a qualified
electronic health record (as defined in 3000(13) of the
Public Health Service Act) that is certified pursuant to
section 3001(c)(5) of such Act as meeting standards adopted
under section 3004 of such Act that are applicable to the
type of record involved (as determined by the Secretary,
such as an ambulatory electronic health record for
office-based physicians or an inpatient hospital electronic
health record for hospitals)./
/ `(B) The term `eligible professional' means a physician as
defined in paragraphs (1) and (2) of section 1861(r), and
includes a nurse mid-wife and a nurse practitioner./
/ `(C) The term `hospital-based' means, with respect to an
eligible professional, a professional (such as a
pathologist, anesthesiologist, or emergency physician) who
furnishes substantially all of the individual's professional
services in a hospital setting (whether inpatient or
outpatient) and through the use of the facilities and
equipment, including qualified electronic health records, of
the hospital./
/ `(4)(A) The term `allowable costs' means, with respect to
certified EHR technology of a Medicaid provider, costs of such
technology (and support services including maintenance and
training that is for, or is necessary for the adoption and
operation of, such technology) as determined by the Secretary to
be reasonable./
/ `(B) The term `net allowable costs' means allowable costs
reduced by any payment that is made to the Medicaid provider
involved from any other source that is directly attributable to
payment for certified EHR technology or services described in
subparagraph (A)./
/ `(C) In no case shall--/
/ `(i) the aggregate allowable costs under this subsection
(covering one or more years) with respect to a Medicaid
provider described in paragraph (2)(A) for purchase and
initial implementation of certified EHR technology (and
services described in subparagraph (A)) exceed $25,000 or
include costs over a period of longer than 5 years;/
/ `(ii) for costs not described in clause (i) relating to
the operation, maintenance, or use of certified EHR
technology, the annual allowable costs under this subsection
with respect to such a Medicaid provider for costs not
described in clause (i) for any year exceed $10,000;/
/ `(iii) payment described in paragraph (1) for costs
described in clause (ii) be made with respect to such a
Medicaid provider over a period of more than 5 years;/
/ `(iv) the aggregate allowable costs under this subsection
with respect to such a Medicaid provider for all costs
exceed $75,000; or/
/ `(v) the allowable costs, whether for purchase and initial
implementation, maintenance, or otherwise, for a Medicaid
provider described in paragraph (2)(B)(iii) exceed such
aggregate or annual limitation as the Secretary shall
establish, based on an amount determined by the Secretary as
being adequate to adopt and maintain certified EHR
technology, consistent with paragraph (6)./
/ `(5) Payments described in paragraph (1) are not in accordance
with this subsection unless the following requirements are met:/
/ `(A) The State provides assurances satisfactory to the
Secretary that amounts received under subsection (a)(3)(F)
with respect to costs of a Medicaid provider are paid
directly to such provider without any deduction or rebate./
/ `(B) Such Medicaid provider is responsible for payment of
the costs described in such paragraph that are not provided
under this title./
/ `(C) With respect to payments to such Medicaid provider
for costs other than costs related to the initial adoption
of certified EHR technology, the Medicaid provider
demonstrates meaningful use of certified EHR technology
through a means that is approved by the State and acceptable
to the Secretary, and that may be based upon the
methodologies applied under section 1848(o) or 1886(n). In
establishing such means, which may include the reporting of
clinical quality measures to the State, the State shall
ensure that populations with unique needs, such as children,
are appropriately addressed./
/ `(D) To the extent specified by the Secretary, the
certified EHR technology is compatible with State or Federal
administrative management systems./
/ `(6)(A) In no case shall the payments described in paragraph
(1), with respect to a hospital, exceed in the aggregate the
product of--/
/ `(i) the overall hospital EHR amount for the hospital
computed under subparagraph (B); and/
/ `(ii) the Medicaid share for such hospital computed under
subparagraph (C)./
/ `(B) For purposes of this paragraph, the overall hospital EHR
amount, with respect to a hospital, is the sum of the applicable
amounts specified in section 1886(n)(2)(A) for such hospital for
the first 4 payment years (as estimated by the Secretary)
determined as if the Medicare share specified in clause (ii) of
such section were 1. The Secretary shall publish in the Federal
Register the overall hospital EHR amount for each hospital
eligible for payments under this subsection. In computing amounts
under clause (ii) for payment years after the first payment year,
the Secretary shall assume that in subsequent payment years
discharges increase at the average annual rate of growth of the
most recent three years for which discharge data are available./
/ `(C) The Medicaid share computed under this subparagraph, for a
hospital for a period specified by the Secretary, shall be
calculated in the same manner as the Medicare share under section
1886(n)(2)(D) for such a hospital and period, except that there
shall be substituted for the numerator under clause (i) of such
section the amount that is equal to the number of
inpatient-bed-days (as established by the Secretary) which are
attributable to individuals who are receiving medical assistance
under this title and who are not described in section
1886(n)(2)(D)(i). In computing inpatient-bed-days under the
previous sentence, the Secretary shall take into account
inpatient-bed-days attributable to inpatient-bed-days that are
paid for individuals enrolled in a Medicaid managed care plan
(under section 1903(m) or section 1932)./
/ `(7) With respect to health care providers other than hospitals,
the Secretary shall establish and implement a detailed process to
ensure coordination of the different programs for payment of such
health care providers for adoption or use of health information
technology (including certified EHR technology), as well as
payments for such health care providers provided under this title
or title XVIII, to assure no duplication of funding. The Secretary
shall promulgate regulations to carry out the preceding sentence./
/ `(8) In carrying out paragraph (5)(C), the State and Secretary
shall seek, to the maximum extent practicable, to avoid
duplicative requirements from Federal and State Governments to
demonstrate meaningful use of certified EHR technology under this
title and title XVIII. In doing so, the Secretary may deem
satisfaction of requirements for such meaningful use for a payment
year under title XVIII to be sufficient to qualify as meaningful
use under this subsection. The Secretary may also specify the
reporting periods under this subsection in order to carry out this
paragraph./
/ `(9) In order to be provided Federal financial participation
under subsection (a)(3)(F)(ii), a State must demonstrate to the
satisfaction of the Secretary, that the State--/
/ `(A) is using the funds provided for the purposes of
administering payments under this subsection, including
tracking of meaningful use by Medicaid providers;/
/ `(B) is conducting adequate oversight of the program under
this subsection, including routine tracking of meaningful
use attestations and reporting mechanisms; and/
/ `(C) is pursuing initiatives to encourage the adoption of
certified EHR technology to promote health care quality and
the exchange of health care information under this title,
subject to applicable laws and regulations governing such
exchange./
/ `(10) The Secretary shall periodically submit reports to the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Finance of the Senate on status, progress,
and oversight of payments under paragraph (1).'./
/ (b) Implementation Funding- In addition to funds otherwise
available, out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Secretary of Health
and Human Services for the Center for Medicare & Medicaid Services
Program Management Account, $40,000,000 for each of fiscal years
2009 through 2015 and $20,000,000 for each succeeding fiscal year
through fiscal year 2018, which shall be available for purposes of
carrying out the provisions of (and the amendments made by) this
part. Amounts appropriated under this subsection for a fiscal year
shall be available until expended./
/ (c) HHS Report on Implementation of Detailed Process to Assure
No Duplication of Funding- Not later than July 1, 2012, the
Secretary of Health and Human Services shall submit to Congress a
report on the establishment and implementation of the detailed
process under section 1903(t)(7) of the Social Security Act, as
added by subsection (a), together with recommendations for such
legislation and administrative action as the Secretary determines
appropriate./
/TITLE V--STATE FISCAL RELIEF/
/SEC. 5000. PURPOSES; TABLE OF CONTENTS./
/ (a) Purposes- The purposes of this title are as follows:/
/ (1) To provide fiscal relief to States in a period of
economic downturn./
/ (2) To protect and maintain State Medicaid programs during
a period of economic downturn, including by helping to avert
cuts to provider payment rates and benefits or services, and
to prevent constrictions of income eligibility requirements
for such programs, but not to promote increases in such
requirements./
/ (b) Table of Contents- The table of contents for this title is
as follows:/
/TITLE V--STATE FISCAL RELIEF/
/Sec. 5000. Purposes; table of contents./
/Sec. 5001. Temporary increase of Medicaid FMAP./
/Sec. 5002. Extension and update of special rule for
increase of Medicaid DSH allotments for low DSH States./
/Sec. 5003. Payment of Medicare liability to States as a
result of the Special Disability Workload Project./
/Sec. 5004. Funding for the Department of Health and Human
Services Office of the Inspector General./
/Sec. 5005. GAO study and report regarding State needs
during periods of national economic downturn./
/SEC. 5001. TEMPORARY INCREASE OF MEDICAID FMAP./
/ (a) Permitting Maintenance of Fmap- Subject to subsections (e),
(f), and (g), if the FMAP determined without regard to this
section for a State for--/
/ (1) fiscal year 2009 is less than the FMAP as so
determined for fiscal year 2008, the FMAP for the State for
fiscal year 2008 shall be substituted for the State's FMAP
for fiscal year 2009, before the application of this section;/
/ (2) fiscal year 2010 is less than the FMAP as so
determined for fiscal year 2008 or fiscal year 2009 (after
the application of paragraph (1)), the greater of such FMAP
for the State for fiscal year 2008 or fiscal year 2009 shall
be substituted for the State's FMAP for fiscal year 2010,
before the application of this section; and/
/ (3) fiscal year 2011 is less than the FMAP as so
determined for fiscal year 2008, fiscal year 2009 (after the
application of paragraph (1)), or fiscal year 2010 (after
the application of paragraph (2)), the greatest of such FMAP
for the State for fiscal year 2008, fiscal year 2009, or
fiscal year 2010 shall be substituted for the State's FMAP
for fiscal year 2011, before the application of this
section, but only for the first calendar quarter in fiscal
year 2011./
/ (b) General 7.6 Percentage Point Increase- Subject to
subsections (e), (f), and (g), for each State for calendar
quarters during the recession adjustment period (as defined in
subsection (h)(2)) , the FMAP (after the application of subsection
(a)) shall be increased (without regard to any limitation
otherwise specified in section 1905(b) of the Social Security Act)
by 7.6 percentage points./
/ (c) Additional Relief Based on Increase in Unemployment- /
/ (1) IN GENERAL- Subject to subsections (e), (f), and (g),
if a State is a qualifying State under paragraph (2) for a
calendar quarter occurring during the recession adjustment
period, the FMAP for the State shall be further increased by
the number of percentage points equal to the product of the
State percentage applicable for the State under section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
after the application of subsections (a) and (b) and the
applicable percent determined in paragraph (3) for the
calendar quarter (or, if greater, for a previous such
calendar quarter, subject to paragraph (4)) ./
/ (2) QUALIFYING CRITERIA- /
/ (A) IN GENERAL- For purposes of paragraph (1), a
State qualifies for additional relief under this
subsection for a calendar quarter occurring during the
recession adjustment period if the State is 1 of the
50 States or the District of Columbia and the State
satisfies any of the following criteria for the quarter:/
/ (i) An increase of at least 1.5 percentage
points, but less than 2.5 percentage points, in
the average monthly unemployment rate,
seasonally adjusted, for the State or District,
as determined by comparing months in the most
recent previous 3-consecutive month period for
which data are available for the State or
District to the lowest average monthly
unemployment rate, seasonally adjusted, for the
State or District for any 3-consecutive-month
period preceding that period and beginning on or
after January 1, 2006 (based on the most
recently available monthly publications of the
Bureau of Labor Statistics of the Department of
Labor)./
/ (ii) An increase of at least 2.5 percentage
points, but less than 3.5 percentage points, in
the average monthly unemployment rate,
seasonally adjusted, for the State or District
(as so determined)./
/ (iii) An increase of at least 3.5 percentage
points for the State or District, in the average
monthly unemployment rate, seasonally adjusted,
for the State or District (as so determined)./
/ (B) MAINTENANCE OF STATUS- If a State qualifies for
additional relief under this subsection for a calendar
quarter, it shall be deemed to have qualified for such
relief for each subsequent calendar quarter ending
before July 1, 2010./
/ (3) APPLICABLE PERCENT- For purposes of paragraph (1), the
applicable percent is--/
/ (A) 2.5 percent, if the State satisfies the criteria
described in paragraph (2)(A)(i) for the calendar
quarter;/
/ (B) 4.5 percent if the State satisfies the criteria
described in paragraph (2)(A)(ii) for the calendar
quarter; and/
/ (C) 6.5 percent if the State satisfies the criteria
described in paragraph (2)(A)(iii) for the calendar
quarter./
/ (4) MAINTENANCE OF HIGHER PERCENTAGE REDUCTION FOR PERIOD
AFTER LOWER PERCENTAGE DEDUCTION WOULD OTHERWISE TAKE EFFECT- /
/ (A) HOLD HARMLESS PERIOD- If the percentage
reduction applied to a State under paragraph (3) for
any calendar quarter in the recession adjustment
period beginning on or after January 1, 2009, and
ending before July 1, 2010, (determined without regard
to this paragraph) is less than the percentage
reduction applied for the preceding quarter (as so
determined), the higher percentage reduction shall
continue in effect for each subsequent calendar
quarter ending before July 1, 2010./
/ (B) NOTICE OF DECREASE IN PERCENTAGE REDUCTION- The
Secretary shall notify a State at least 3 months prior
to applying any lower percentage reduction to the
State under paragraph (3)./
/ (d) Increase in Cap on Medicaid Payments to Territories- Subject
to subsections (f) and (g), with respect to entire fiscal years
occurring during the recession adjustment period and with respect
to fiscal years only a portion of which occurs during such period
(and in proportion to the portion of the fiscal year that occurs
during such period), the amounts otherwise determined for Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa under subsections (f) and (g) of section 1108 of
the Social Security Act (42 6 U.S.C. 1308) shall each be increased
by 15.2 percent./
/ (e) Scope of Application- The increases in the FMAP for a State
under this section shall apply for purposes of title XIX of the
Social Security Act and shall not apply with respect to--/
/ (1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4);/
/ (2) payments under title IV of such Act (42 U.S.C. 601 et
seq.) (except that the increases under subsections (a) and
(b) shall apply to payments under part E of title IV of such
Act (42 U.S.C. 670 et seq.));/
/ (3) payments under title XXI of such Act (42 U.S.C. 1397aa
et seq.);/
/ (4) any payments under title XIX of such Act that are
based on the enhanced FMAP described in section 2105(b) of
such Act (42 U.S.C. 1397ee(b)); or/
/ (5) any payments under title XIX of such Act that are
attributable to expenditures for medical assistance provided
to individuals made eligible under a State plan under title
XIX of the Social Security Act (including under any waiver
under such title or under section 1115 of such Act (42
U.S.C. 1315)) because of income standards (expressed as a
percentage of the poverty line) for eligibility for medical
assistance that are higher than the income standards (as so
expressed) for such eligibility as in effect on July 1, 2008./
/ (f) State Ineligibility- /
/ (1) MAINTENANCE OF ELIGIBILITY REQUIREMENTS- /
/ (A) IN GENERAL- Subject to subparagraphs (B) and
(C), a State is not eligible for an increase in its
FMAP under subsection (a), (b), or (c), or an increase
in a cap amount under subsection (d), if eligibility
standards, methodologies, or procedures under its
State plan under title XIX of the Social Security Act
(including any waiver under such title or under
section 1115 of such Act (42 U.S.C. 1315)) are more
restrictive than the eligibility standards,
methodologies, or procedures, respectively, under such
plan (or waiver) as in effect on July 1, 2008./
/ (B) STATE REINSTATEMENT OF ELIGIBILITY PERMITTED-
Subject to subparagraph (C), a State that has
restricted eligibility standards, methodologies, or
procedures under its State plan under title XIX of the
Social Security Act (including any waiver under such
title or under section 1115 of such Act (42 U.S.C.
1315)) after July 1, 2008, is no longer ineligible
under subparagraph (A) beginning with the first
calendar quarter in which the State has reinstated
eligibility standards, methodologies, or procedures
that are no more restrictive than the eligibility
standards, methodologies, or procedures, respectively,
under such plan (or waiver) as in effect on July 1, 2008./
/ (C) SPECIAL RULES- A State shall not be ineligible
under subparagraph (A)--/
/ (i) for the calendar quarters before July 1,
2009, on the basis of a restriction that was
applied after July 1, 2008, and before the date
of the enactment of this Act, if the State prior
to July 1, 2009, has reinstated eligibility
standards, methodologies, or procedures that are
no more restrictive than the eligibility
standards, methodologies, or procedures,
respectively, under such plan (or waiver) as in
effect on July 1, 2008; or/
/ (ii) on the basis of a restriction that was
directed to be made under State law as of July
1, 2008, and would have been in effect as of
such date, but for a delay in the request for,
and approval of, a waiver under section 1115 of
such Act with respect to such restriction./
/ (2) COMPLIANCE WITH PROMPT PAY REQUIREMENTS- No State
shall be eligible for an increased FMAP rate as provided
under this section for any claim submitted by a provider
subject to the terms of section 1902(a)(37)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(37)(A)) during any period
in which that State has failed to pay claims in accordance
with section 1902(a)(37)(A) of such Act. Each State shall
report to the Secretary, no later than 30 days following the
1st day of the month, its compliance with the requirements
of section 1902(a)(37)(A) of the Social Security Act as they
pertain to claims made for covered services during the
preceding month./
/ (3) NO WAIVER AUTHORITY- The Secretary may not waive the
application of this subsection or subsection (g) under
section 1115 of the Social Security Act or otherwise./
/ (g) Requirements- /
/ (1) IN GENERAL- A State may not deposit or credit the
additional Federal funds paid to the State as a result of
this section to any reserve or rainy day fund maintained by
the State./
/ (2) STATE REPORTS- Each State that is paid additional
Federal funds as a result of this section shall, not later
than September 30, 2011, submit a report to the Secretary,
in such form and such manner as the Secretary shall
determine, regarding how the additional Federal funds were
expended./
/ (3) ADDITIONAL REQUIREMENT FOR CERTAIN STATES- In the case
of a State that requires political subdivisions within the
State to contribute toward the non-Federal share of
expenditures under the State Medicaid plan required under
section 1902(a)(2) of the Social Security Act (42 U.S.C.
1396a(a)(2)), the State is not eligible for an increase in
its FMAP under subsection (b) or (c), or an increase in a
cap amount under subsection (d), if it requires that such
political subdivisions pay for quarters during the recession
adjustment period a greater percentage of the non-Federal
share of such expenditures, or a greater percentage of the
non-Federal share of payments under section 1923, than the
respective percentage that would have been required by the
State under such plan on September 30, 2008, prior to
application of this section./
/ (h) Definitions- In this section, except as otherwise provided:/
/ (1) FMAP- The term `FMAP' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), as determined
without regard to this section except as otherwise specified./
/ (2) POVERTY LINE- The term `poverty line' has the meaning
given such term in section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)), including any revision
required by such section./
/ (3) RECESSION ADJUSTMENT PERIOD- The term `recession
adjustment period' means the period beginning on October 1,
2008, and ending on December 31, 2010./
/ (4) SECRETARY- The term `Secretary' means the Secretary of
Health and Human Services./
/ (5) STATE- The term `State' has the meaning given such
term for purposes of title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.)./
/ (i) Sunset- This section shall not apply to items and services
furnished after the end of the recession adjustment period./
/SEC. 5002. EXTENSION AND UPDATE OF SPECIAL RULE FOR INCREASE OF
MEDICAID DSH ALLOTMENTS FOR LOW DSH STATES./
/ Section 1923(f)(5) of the Social Security Act (42 U.S.C.
1396r-4(f)(5)) is amended--/
/ (1) in subparagraph (B)--/
/ (A) in the subparagraph heading, by striking `YEAR
2004 AND SUBSEQUENT FISCAL YEARS' and inserting `YEARS
2004 THROUGH 2008';/
/ (B) in clause (i), by inserting `and' after the
semicolon;/
/ (C) in clause (ii), by striking `; and' and
inserting a period; and/
/ (D) by striking clause (iii); and/
/ (2) by adding at the end the following subparagraph:/
/ `(C) FOR FISCAL YEAR 2009 AND SUBSEQUENT FISCAL
YEARS- In the case of a State in which the total
expenditures under the State plan (including Federal
and State shares) for disproportionate share hospital
adjustments under this section for fiscal year 2006,
as reported to the Administrator of the Centers for
Medicare & Medicaid Services as of August 31, 2009, is
greater than 0 but less than 3 percent of the State's
total amount of expenditures under the State plan for
medical assistance during the fiscal year, the DSH
allotment for the State with respect to--/
/ `(i) fiscal year 2009, shall be the DSH
allotment for the State for fiscal year 2008
increased by 16 percent;/
/ `(ii) fiscal year 2010, shall be the DSH
allotment for the State for fiscal year 2009
increased by 16 percent;/
/ `(iii) fiscal year 2011 for the period ending
on December 31, 2010, shall be 1/4 of the DSH
allotment for the State for fiscal year 2010
increased by 16 percent;/
/ `(iv) fiscal year 2011 for the period
beginning on January 1, 2011, and ending on
September 30, 2011, shall be 3/4 of the DSH
allotment that would have been determined under
this subsection for the State for fiscal year
2011 if this subparagraph had not been enacted;/
/ `(v) fiscal year 2012, shall be the DSH
allotment that would have been determined under
this subsection for the State for fiscal year
2012 if this subparagraph had not been enacted; and/
/ `(vi) fiscal year 2013 and any subsequent
fiscal year, shall be the DSH allotment for the
State for the previous fiscal year subject to an
increase for inflation as provided in paragraph
(3)(A).'./
/SEC. 5003. PAYMENT OF MEDICARE LIABILITY TO STATES AS A RESULT OF
THE SPECIAL DISABILITY WORKLOAD PROJECT./
/ (a) In General- The Secretary, in consultation with the
Commissioner, shall work with each State to reach an agreement,
not later than 3 months after the date of enactment of this Act,
on the amount of a payment for the State related to the Medicare
program liability as a result of the Special Disability Workload
project, subject to the requirements of subsection (c)./
/ (b) Payments- /
/ (1) DEADLINE FOR MAKING PAYMENTS- Not later than 30 days
after reaching an agreement with a State under subsection
(a), the Secretary shall pay the State, from the amounts
appropriated under paragraph (2), the payment agreed to for
the State./
/ (2) APPROPRIATION- Out of any money in the Treasury not
otherwise appropriated, there is appropriated $3,000,000,000
for fiscal year 2009 for making payments to States under
paragraph (1)./
/ (3) LIMITATIONS- In no case may--/
/ (A) the aggregate amount of payments made by the
Secretary to States under paragraph (1) exceed
$3,000,000,000; or/
/ (B) any payments be provided by the Secretary under
this section after the first day of the first month
that begins 4 months after the date of enactment of
this Act./
/ (c) Requirements- The requirements of this subsection are the
following:/
/ (1) FEDERAL DATA USED TO DETERMINE AMOUNT OF PAYMENTS- The
amount of the payment under subsection (a) for each State is
determined on the basis of the most recent Federal data
available, including the use of proxies and reasonable
estimates as necessary, for determining expeditiously the
amount of the payment that shall be made to each State that
enters into an agreement under this section. The payment
methodology shall consider the following factors:/
/ (A) The number of SDW cases found to have been
eligible for benefits under the Medicare program and
the month of the initial Medicare program eligibility
for such cases./
/ (B) The applicable non-Federal share of expenditures
made by a State under the Medicaid program during the
time period for SDW cases./
/ (C) Such other factors as the Secretary and the
Commissioner, in consultation with the States,
determine appropriate./
/ (2) CONDITIONS FOR PAYMENTS- A State shall not receive a
payment under this section unless the State--/
/ (A) waives the right to file a civil action (or to
be a party to any action) in any Federal or State
court in which the relief sought includes a payment
from the United States to the State related to the
Medicare liability under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) as a result of
the Special Disability Workload project; and/
/ (B) releases the United States from any further
claims for reimbursement of State expenditures as a
result of the Special Disability Workload project./
/ (3) NO INDIVIDUAL STATE CLAIMS DATA REQUIRED- No State
shall be required to submit individual claims evidencing
payment under the Medicaid program as a condition for
receiving a payment under this section./
/ (4) INELIGIBLE STATES- No State that is a party to a civil
action in any Federal or State court in which the relief
sought includes a payment from the United States to the
State related to the Medicare liability under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) as a result
of the Special Disability Workload project shall be eligible
to receive a payment under this section while such an action
is pending or if such an action is resolved in favor of the
State./
/ (d) Definitions- In this section:/
/ (1) COMMISSIONER- The term `Commissioner' means the
Commissioner of Social Security./
/ (2) MEDICAID PROGRAM- The term `Medicaid program' means
the program of medical assistance established under title
XIX of the Social Security Act (42 U.S.C. 1396a et seq.) and
includes medical assistance provided under any waiver of
that program approved under section 1115 or 1915 of such Act
(42 U.S.C. 1315, 1396n) or otherwise./
/ (3) MEDICARE PROGRAM- The term `Medicare program' means
the program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.)./
/ (4) SECRETARY- The term `Secretary' means the Secretary of
Health and Human Services./
/ (5) SDW CASE- The term `SDW case' means a case in the
Special Disability Workload project involving an individual
determined by the Commissioner to have been eligible for
benefits under title II of the Social Security Act (42
U.S.C. 401 et seq.) for a period during which such benefits
were not provided to the individual and who was, during all
or part of such period, enrolled in a State Medicaid program./
/ (6) SPECIAL DISABILITY WORKLOAD PROJECT- The term `Special
Disability Workload project' means the project described in
the 2008 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal
Disability Insurance Trust Funds, H.R. Doc. No. 110-104,
110th Cong. (2008)./
/ (7) STATE- The term `State' means each of the 50 States
and the District of Columbia./
/SEC. 5004. FUNDING FOR THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES OFFICE OF THE INSPECTOR GENERAL./
/ For purposes of ensuring the proper expenditure of Federal funds
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.), there is appropriated to the Office of the Inspector
General of the Department of Health and Human Services, out of any
money in the Treasury not otherwise appropriated and without
further appropriation, $31,250,000 for the recession adjustment
period (as defined in section 5001(h)(3)). Amounts appropriated
under this section shall remain available for expenditure until
September 30, 2012, and shall be in addition to any other amounts
appropriated or made available to such Office for such purposes./
/SEC. 5005. GAO STUDY AND REPORT REGARDING STATE NEEDS DURING
PERIODS OF NATIONAL ECONOMIC DOWNTURN./
/ (a) In General- The Comptroller General of the United States
shall study the period of national economic downturn in effect on
the date of enactment of this Act, as well as previous periods of
national economic downturn since 1974, for the purpose of
developing recommendations for addressing the needs of States
during such periods. As part of such analysis, the Comptroller
General shall study the past and projected effects of temporary
increases in the Federal medical assistance percentage under the
Medicaid program with respect to such periods./
/ (b) Report- Not later than April 1, 2011, the Comptroller
General of the United States shall submit a report to the
appropriate committees of Congress on the results of the study
conducted under paragraph (1). Such report shall include the
following:/
/ (1) Such recommendations as the Comptroller General
determines appropriate for modifying the national economic
downturn assistance formula for temporary adjustment of the
Federal medical assistance percentage under Medicaid (also
referred to as a `countercyclical FMAP') described in GAO
report number GAO-07-97 to improve the effectiveness of the
application of such percentage in addressing the needs of
States during periods of national economic downturn,
including recommendations for--/
/ (A) improvements to the factors that would begin and
end the application of such percentage;/
/ (B) how the determination of the amount of such
percentage could be adjusted to address State and
regional economic variations during such periods; and/
/ (C) how the determination of the amount of such
percentage could be adjusted to be more responsive to
actual Medicaid costs incurred by States during such
periods./
/ (2) An analysis of the impact on States during such
periods of--/
/ (A) declines in private health benefits coverage;/
/ (B) declines in State revenues; and/
/ (C) caseload maintenance and growth under Medicaid,
the State Children's Health Insurance Program, or any
other publicly-funded programs to provide health
benefits coverage for State residents./
/ (3) Identification of, and recommendations for addressing,
the effects on States of any other specific economic
indicators that the Comptroller General determines appropriate./
/TITLE VI--EXECUTIVE COMPENSATION/
/Subtitle A--Oversight/
/TITLE VI--EXECUTIVE COMPENSATION OVERSIGHT/
/Sec. 6001. Definitions./
/Sec. 6002. Executive compensation and corporate governance./
/Sec. 6003. Board Compensation Committee./
/Sec. 6004. Limitation on luxury expenditures./
/Sec. 6005. Shareholder approval of executive compensation./
/Sec. 6006. Review of prior payments to executives./
/SEC. 6001. DEFINITIONS./
/ For purposes of this title, the following definitions shall apply:/
/ (1) SENIOR EXECUTIVE OFFICER- The term `senior executive
officer' means an individual who is 1 of the top 5 most
highly paid executives of a public company, whose
compensation is required to be disclosed pursuant to the
Securities Exchange Act of 1934, and any regulations issued
thereunder, and non-public company counterparts./
/ (2) GOLDEN PARACHUTE PAYMENT- The term `golden parachute
payment' means any payment to a senior executive officer for
departure from a company for any reason, except for payments
for services performed or benefits accrued./
/ (3) TARP- The term `TARP' means the Troubled Asset Relief
Program established under the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343, 12 U.S.C.
5201 et seq.)./
/ (4) TARP RECIPIENT- The term `TARP recipient' means any
entity that has received or will receive financial
assistance under the financial assistance provided under the
TARP./
/ (5) SECRETARY- The term `Secretary' means the Secretary of
the Treasury./
/ (6) COMMISSION- The term `Commission' means the Securities
and Exchange Commission./
/SEC. 6002. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE./
/ (a) In General- During the period in which any obligation
arising from financial assistance provided under the TARP remains
outstanding, each TARP recipient shall be subject to--/
/ (1) the standards established by the Secretary under this
title; and/
/ (2) the provisions of section 162(m)(5) of the Internal
Revenue Code of 1986, as applicable./
/ (b) Standards Required- The Secretary shall require each TARP
recipient to meet appropriate standards for executive compensation
and corporate governance./
/ (c) Specific Requirements- The standards established under
subsection (b) shall include--/
/ (1) limits on compensation that exclude incentives for
senior executive officers of the TARP recipient to take
unnecessary and excessive risks that threaten the value of
such recipient during the period that any obligation arising
from TARP assistance is outstanding;/
/ (2) a provision for the recovery by such TARP recipient of
any bonus, retention award, or incentive compensation paid
to a senior executive officer and any of the next 20 most
highly-compensated employees of the TARP recipient based on
statements of earnings, revenues, gains, or other criteria
that are later found to be materially inaccurate;/
/ (3) a prohibition on such TARP recipient making any golden
parachute payment to a senior executive officer or any of
the next 5 most highly-compensated employees of the TARP
recipient during the period that any obligation arising from
TARP assistance is outstanding;/
/ (4) a prohibition on such TARP recipient paying or
accruing any bonus, retention award, or incentive
compensation during the period that the obligation is
outstanding to at least the 25 most highly-compensated
employees, or such higher number as the Secretary may
determine is in the public interest with respect to any TARP
recipient;/
/ (5) a prohibition on any compensation plan that would
encourage manipulation of the reported earnings of such TARP
recipient to enhance the compensation of any of its
employees; and/
/ (6) a requirement for the establishment of a Board
Compensation Committee that meets the requirements of
section 6003./
/ (d) Certification of Compliance- The chief executive officer and
chief financial officer (or the equivalents thereof) of each TARP
recipient shall provide a written certification of compliance by
the TARP recipient with the requirements of this title--/
/ (1) in the case of a TARP recipient, the securities of
which are publicly traded, to the Securities and Exchange
Commission, together with annual filings required under the
securities laws; and/
/ (2) in the case of a TARP recipient that is not a publicly
traded company, to the Secretary./
/SEC. 6003. BOARD COMPENSATION COMMITTEE./
/ (a) Establishment of Board Required- Each TARP recipient shall
establish a Board Compensation Committee, comprised entirely of
independent directors, for the purpose of reviewing employee
compensation plans./
/ (b) Meetings- The Board Compensation Committee of each TARP
recipient shall meet at least semiannually to discuss and evaluate
employee compensation plans in light of an assessment of any risk
posed to the TARP recipient from such plans./
/SEC. 6004. LIMITATION ON LUXURY EXPENDITURES./
/ (a) Policy Required- The board of directors of any TARP
recipient shall have in place a company-wide policy regarding
excessive or luxury expenditures, as identified by the Secretary,
which may include excessive expenditures on--/
/ (1) entertainment or events;/
/ (2) office and facility renovations;/
/ (3) aviation or other transportation services; or/
/ (4) other activities or events that are not reasonable
expenditures for conferences, staff development, reasonable
performance incentives, or other similar measures conducted
in the normal course of the business operations of the TARP
recipient./
/SEC. 6005. SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION./
/ (a) Annual Shareholder Approval of Executive Compensation- Any
proxy or consent or authorization for an annual or other meeting
of the shareholders of any TARP recipient during the period in
which any obligation arising from financial assistance provided
under the TARP remains outstanding shall permit a separate
shareholder vote to approve the compensation of executives, as
disclosed pursuant to the compensation disclosure rules of the
Commission (which disclosure shall include the compensation
discussion and analysis, the compensation tables, and any related
material)./
/ (b) Nonbinding Vote- A shareholder vote described in subsection
(a) shall not be binding on the board of directors of a TARP
recipient, and may not be construed as overruling a decision by
such board, nor to create or imply any additional fiduciary duty
by such board, nor shall such vote be construed to restrict or
limit the ability of shareholders to make proposals for inclusion
in proxy materials related to executive compensation./
/ (c) Deadline for Rulemaking- Not later than 1 year after the
date of enactment of this Act, the Commission shall issue any
final rules and regulations required by this section./
/SEC. 6006. REVIEW OF PRIOR PAYMENTS TO EXECUTIVES./
/ (a) In General- The Secretary shall review bonuses, retention
awards, and other compensation paid to employees of each entity
receiving TARP assistance before the date of enactment of this Act
to determine whether any such payments were excessive,
inconsistent with the purposes of this Act or the TARP, or
otherwise contrary to the public interest./
/ (b) Negotiations for Reimbursement- If the Secretary makes a
determination described in subsection (a), the Secretary shall
seek to negotiate with the TARP recipient and the subject employee
for appropriate reimbursements to the Federal Government with
respect to compensation or bonuses./
/Subtitle B--Limits on Executive Compensation/
/SEC. 6011. SHORT TITLE./
/ This subtitle may be cited as the `Cap Executive Officer Pay Act
of 2009'./
/SEC. 6012. LIMIT ON EXECUTIVE COMPENSATION./
/ (a) In General- Notwithstanding any other provision of law or
agreement to the contrary, no person who is an officer, director,
executive, or other employee of a financial institution or other
entity that receives or has received funds under the Troubled
Asset Relief Program (or `TARP'), established under section 101 of
the Emergency Economic Stabilization Act of 2008, may receive
annual compensation in excess of the amount of compensation paid
to the President of the United States./
/ (b) Duration- The limitation in subsection (a) shall be a
condition of the receipt of assistance under the TARP, and of any
modification to such assistance that was received on or before the
date of enactment of this Act, and shall remain in effect with
respect to each financial institution or other entity that
receives such assistance or modification for the duration of the
assistance or obligation provided under the TARP./
/SEC. 6013. RULEMAKING AUTHORITY./
/ The Secretary shall expeditiously issue such rules as are
necessary to carry out this subtitle, including with respect to
reimbursement of compensation amounts, as appropriate./
/SEC. 6014. COMPENSATION./
/ As used in this subtitle, the term `compensation' includes
wages, salary, deferred compensation, retirement contributions,
options, bonuses, property, and any other form of compensation or
bonus that the Secretary of the Treasury determines is appropriate./
/Subtitle C--Excessive Bonuses/
/SEC. 6021. TREATMENT OF EXCESSIVE BONUSES BY TARP RECIPIENTS./
/ (a) In General- If, before the date of enactment of this Act,
the preferred stock of a financial institution was purchased by
the Government using funds provided under the Troubled Asset
Relief Program established pursuant to the Emergency Economic
Stabilization Act of 2008, then, notwithstanding any otherwise
applicable restriction on the redeemability of such preferred
stock, such financial institution shall redeem an amount of such
preferred stock equal to the aggregate amount of all excessive
bonuses paid or payable to all covered individuals./
/ (b) Timing- Each financial institution described in subsection
(a) shall comply with the requirements of subsection (a)--/
/ (1) not later than 120 days after the date of enactment of
this Act, with respect to excessive bonuses (or portions
thereof) paid before the date of enactment of this Act; and/
/ (2) not later than the day before an excessive bonus (or
portion thereof) is paid, with respect to any excessive
bonus (or portion thereof) paid on or after the date of
enactment of this Act./
/ (c) Definitions- As used in this section, the following
definitions shall apply:/
/ (1) EXCESSIVE BONUS- /
/ (A) IN GENERAL- The term `excessive bonus' means the
portion of the applicable bonus payments made to a
covered individual in excess of $100,000./
/ (B) APPLICABLE BONUS PAYMENTS- /
/ (i) IN GENERAL- The term `applicable bonus
payment' means any bonus payment to a covered
individual--/
/ (I) which is paid or payable by reason
of services performed by such individual
in a taxable year of the financial
institution (or any member of a controlled
group described in subparagraph (D))
ending in 2008, and/
/ (II) the amount of which was first
communicated to such individual during the
period beginning on January 1, 2008, and
ending January 31, 2009, or was based on a
resolution of the board of directors of
such institution that was adopted before
the end of such taxable year./
/ (ii) CERTAIN PAYMENTS AND CONDITIONS
DISREGARDED- In determining whether a bonus
payment is described in clause (i)(I)--/
/ (I) a bonus payment that relates to
services performed in any taxable year
before the taxable year described in such
clause and that is wholly or partially
contingent on the performance of services
in the taxable year so described shall be
disregarded, and/
/ (II) any condition on a bonus payment
for services performed in the taxable year
so described that the employee perform
services in taxable years after the
taxable year so described shall be
disregarded./
/ (C) BONUS PAYMENT- The term `bonus payment' means
any payment which--/
/ (i) is a discretionary payment to a covered
individual by a financial institution (or any
member of a controlled group described in
subparagraph (D)) for services rendered,/
/ (ii) is in addition to any amount payable to
such individual for services performed by such
individual at a regular hourly, daily, weekly,
monthly, or similar periodic rate, and/
/ (iii) is paid or payable in cash or other
property other than--/
/ (I) stock in such institution or member, or/
/ (II) an interest in a troubled asset
(within the meaning of the Emergency
Economic Stabilization Act of 2008) held
directly or indirectly by such institution
or member./
/Such term does not include payments to an employee as
commissions, welfare and fringe benefits, or expense
reimbursements./
/ (D) COVERED INDIVIDUAL- The term `covered
individual' means, with respect to any financial
institution, any director or officer or other employee
of such financial institution or of any member of a
controlled group of corporations (within the meaning
of section 52(a) of the Internal Revenue Code of 1986)
that includes such financial institution./
/ (2) FINANCIAL INSTITUTION- The term `financial
institution' has the same meaning as in section 3 of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5252)./
/ (d) Excise Tax on TARP Companies That Fail To Redeem Certain
Securities From United States- /
/ (1) IN GENERAL- Chapter 46 of the Internal Revenue Code of
1986 (relating to excise tax on golden parachute payments)
is amended by adding at the end the following new section:/
/`SEC. 4999A. FAILURE TO REDEEM CERTAIN SECURITIES FROM UNITED
STATES./
/ `(a) Imposition of Tax- There is hereby imposed a tax on any
financial institution which--/
/ `(1) is required to redeem an amount of its preferred
stock from the United States pursuant to section 1903(a) of
the American Recovery and Reinvestment Tax Act of 2009, and/
/ `(2) fails to redeem all or any portion of such amount
within the period prescribed for such redemption./
/ `(b) Amount of Tax- The amount of the tax imposed by subsection
(a) shall be equal to 35 percent of the amount which the financial
institution failed to redeem within the time prescribed under
1903(b) of the American Recovery and Reinvestment Tax Act of 2009./
/ `(c) Administrative Provisions- /
/ `(1) IN GENERAL- For purposes of subtitle F, any tax
imposed by this section shall be treated as a tax imposed by
subtitle A for the taxable year in which a deduction is
allowed for any excessive bonus with respect to which the
redemption described in subsection (a)(1) is required to be
made./
/ `(2) EXTENSION OF TIME- The due date for payment of tax
imposed by this section shall in no event be earlier than
the 150th day following the date of the enactment of this
section.'./
/ (2) CONFORMING AMENDMENTS- /
/ (A) The heading for chapter 46 of such Code are
amended to read as follows:/
/`Chapter 46-Taxes on Certain Excessive Remuneration/
/`Sec. 4999. Golden parachute payments./
/`Sec. 4999A. Failure to redeem certain securities from
United States.'./
/ (B) The item relating to chapter 46 in the table of
chapters for subtitle D of such Code is amended to
read as follows:/
/`Chapter 46. Taxes on excessive remuneration.'./
/ (3) EFFECTIVE DATE- The amendments made by this subsection
shall apply to failures described in section 4999A(a)(2) of
the Internal Revenue Code of 1986 occurring after the date
of the enactment of this Act./
/TITLE VII--FORECLOSURE PREVENTION/
/TITLE VII--FORECLOSURE PREVENTION/
/Sec. 7001. Mandatory loan modifications./
/SEC. 7001. MANDATORY LOAN MODIFICATIONS./
/ Section 109(a) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5219) is amended--/
/ (1) by striking the last sentence;/
/ (2) by striking `To the extent' and inserting the following:/
/ `(1) IN GENERAL- To the extent'; and/
/ (3) by adding at the end the following:/
/ `(2) LOAN MODIFICATIONS REQUIRED- /
/ `(A) IN GENERAL- In addition to actions required
under paragraph (1), the Secretary shall, not later
than 15 days after the date of enactment of this
paragraph, develop and implement a plan to facilitate
loan modifications to prevent avoidable mortgage loan
foreclosures./
/ `(B) FUNDING- Of amounts made available under
section 115 and not otherwise obligated, not less than
$50,000,000,000, shall be made available to the
Secretary for purposes of carrying out the mortgage
loan modification plan required to be developed and
implemented under this paragraph./
/ `(C) CRITERIA- The loan modification plan required
by this paragraph may incorporate the use of--/
/ `(i) loan guarantees and credit enhancements;/
/ `(ii) the reduction of loan principal amounts
and interest rates;/
/ `(iii) extension of mortgage loan terms; and/
/ `(iv) any other similar mechanisms or
combinations thereof, as determined appropriate
by the Secretary./
/ `(D) DESIGNATION AUTHORITY- /
/ `(i) FDIC- The Secretary may designate the
Corporation, on a reimbursable basis, to carry
out the loan modification plan developed under
this paragraph./
/ `(ii) CONTRACTING AUTHORITY- If designated
under clause (i), the Corporation may use its
contracting authority under section 9 of the
Federal Deposit Insurance Act./
/ `(E) CONSULTATION REQUIRED- In developing the loan
modification plan under this paragraph, the Secretary
shall consult with the Chairperson of the Board of
Directors of the Corporation, the Board, and the
Secretary of Housing and Urban Development./
/ `(F) REPORTS TO CONGRESS- The Secretary shall
provide to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives--/
/ `(i) upon development of the plan required by
this paragraph, a report describing such plan; and/
/ `(ii) a monthly report on the number and types
of loan modifications occurring during the
reporting period, and the performance of the
loan modification plan overall.'./
/TITLE VIII--FORECLOSURE MITIGATION/
/TITLE VIII--FORECLOSURE MITIGATION/
/Sec. 8001. Short Title./
/Sec. 8002. Definitions./
/Sec. 8003. Payments to eligible servicers authorized./
/Sec. 8004. Authorization of appropriations./
/Sec. 8005. Sunset of authority./
/SEC. 8001. SHORT TITLE./
/ This title may be cited as the `Help Families Keep Their Homes
Act of 2009'./
/SEC. 8002. DEFINITIONS./
/ For purposes of this title--/
/ (1) the term `securitized mortgages' means residential
mortgages that have been pooled by a securitization vehicle;/
/ (2) the term `securitization vehicle' means a trust,
corporation, partnership, limited liability entity, special
purpose entity, or other structure that--/
/ (A) is the issuer, or is created by the issuer, of
mortgage pass-through certificates, participation
certificates, mortgage-backed securities, or other
similar securities backed by a pool of assets that
includes residential mortgage loans;/
/ (B) holds all of the mortgage loans which are the
basis for any vehicle described in subparagraph (A); and/
/ (C) has not issued securities that are guaranteed by
the Federal National Mortgage Association, the Federal
Home Loan Mortgage Corporation, or the Government
National Mortgage Association;/
/ (3) the term `servicer' means a servicer of securitized
mortgages;/
/ (4) the term `eligible servicer' means a servicer of
pooled and securitized residential mortgages;/
/ (5) the term `eligible mortgage' means a residential
mortgage, the principal amount of which did not exceed the
conforming loan size limit that was in existence at the time
of origination for a comparable dwelling, as established by
the Federal National Mortgage Association;/
/ (6) the term `Secretary' means the Secretary of the Treasury;/
/ (7) the term `effective term of the Act' means the period
beginning on the effective date of this title and ending on
December 31, 2011;/
/ (8) the term `incentive fee' means the monthly payment to
eligible servicers, as determined under section 7003; and/
/ (9) the term `prepayment fee' means the payment to
eligible servicers, as determined under section 7003(b)./
/SEC. 8003. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED./
/ (a) Authority- The Secretary is authorized to make payments to
eligible servicers, subject to the terms and conditions
established under this title./
/ (b) Fees Paid to Eligible Servicers- /
/ (1) IN GENERAL- An eligible servicer may collect
reasonable incentive fee payments, as established by the
Secretary, not to exceed $2,000 per loan./
/ (2) CONSULTATION- The fees permitted under this section
shall be subject to standards established by the Secretary,
in consultation with the Secretary of Housing and Urban
Development and the Chairman of the Board of Directors of
the Federal Deposit Insurance Corporation, which standards
shall--/
/ (A) include an evaluation of whether an eligible
mortgage is affordable for the remainder of its term; and/
/ (B) identify a reasonable fee to be paid to the
servicer in the event that an eligible mortgage is
prepaid./
/ (3) FORM OF PAYMENT- Fees permitted under this section may
be paid in a lump sum or on a monthly basis. If paid on a
monthly basis, the fee may only be remitted as long as the
loan performs./
/ (c) Safe Harbor- Notwithstanding any other provision of law, and
notwithstanding any investment contract between a servicer and a
securitization vehicle, a servicer--/
/ (1) owes any duty to maximize the net present value of the
pooled mortgages in the securitization vehicle to all
investors and parties having a direct or indirect interest
in such vehicle, and not to any individual party or group of
parties; and/
/ (2) shall be deemed to act in the best interests of all
such investors and parties if the servicer agrees to or
implements a modification, workout, or other loss mitigation
plan for a residential mortgage or a class of residential
mortgages that constitutes a part or all of the pooled
mortgages in such securitization vehicle, if--/
/ (A) default on the payment of such mortgage has
occurred or is reasonably foreseeable;/
/ (B) the property securing such mortgage is occupied
by the mortgagor of such mortgage or the homeowner; and/
/ (C) the servicer reasonably and in good faith
believes that the anticipated recovery on the
principal outstanding obligation of the mortgage under
the modification or workout plan exceeds, on a net
present value basis, the anticipated recovery on the
principal outstanding obligation of the mortgage
through foreclosure;/
/ (3) shall not be obligated to repurchase loans from, or
otherwise make payments to, the securitization vehicle on
account of a modification, workout, or other loss mitigation
plan that satisfies the conditions of paragraph (2); and/
/ (4) if it acts in a manner consistent with the duties set
forth in paragraphs (1) and (2), shall not be liable for
entering into a modification or workout plan to any person--/
/ (A) based on ownership by that person of a
residential mortgage loan or any interest in a pool of
residential mortgage loans, or in securities that
distribute payments out of the principal, interest,
and other payments in loans in the pool;/
/ (B) who is obligated pursuant to a derivative
instrument to make payments determined in reference to
any loan or any interest referred to in subparagraph
(A); or/
/ (C) that insures any loan or any interest referred
to in subparagraph (A) under any provision of law or
regulation of the United States or any State or
political subdivision thereof./
/ (d) Reporting Requirements- /
/ (1) IN GENERAL- Each servicer shall report regularly, not
less frequently than monthly, to the Secretary on the extent
and scope of the loss mitigation activities of the mortgage
owner./
/ (2) CONTENT- Each report required by this subsection shall
include--/
/ (A) the number and percent of residential mortgage
loans receiving loss mitigation that have become
performing loans;/
/ (B) the number and percent of residential mortgage
loans receiving loss mitigation that have proceeded to
foreclosure;/
/ (C) the total number of foreclosures initiated
during the reporting period;/
/ (D) data on loss mitigation activities, including
the performance of mitigated loans, disagreggated for
each form of loss mitigation, which forms may include--/
/ (i) a waiver of any late payment charge,
penalty interest, or any other fees or charges,
or any combination thereof;/
/ (ii) the establishment of a repayment plan
under which the homeowner resumes regularly
scheduled payments and pays additional amounts
at scheduled intervals to cure the delinquency;/
/ (iii) forbearance under the loan that provides
for a temporary reduction in or cessation of
monthly payments, followed by a reamortization
of the amounts due under the loan, including
arrearage, and a new schedule of repayment amounts;/
/ (iv) waiver, modification, or variation of any
material term of the loan, including short-term,
long-term, or life-of-loan modifications that
change the interest rate, forgive or forbear
with respect to the payment of principal or
interest, or extend the final maturity date of
the loan;/
/ (v) short refinancing of the loan consisting
of acceptance of payment from or on behalf of
the homeowner of an amount less than the amount
alleged to be due and owing under the loan,
including principal, interest, and fees, in full
satisfaction of the obligation under such loan
and as part of a refinance transaction in which
the property is intended to remain the principal
residence of the homeowner;/
/ (vi) acquisition of the property by the owner
or servicer by deed in lieu of foreclosure;/
/ (vii) short sale of the principal residence
that is subject to the lien securing the loan;/
/ (viii) assumption of the obligation of the
homeowner under the loan by a third party;/
/ (ix) cancellation or postponement of a
foreclosure sale to allow the homeowner
additional time to sell the property; or/
/ (x) any other loss mitigation activity not
covered; and/
/ (E) such other information as the Secretary
determines to be relevant./
/ (3) PUBLIC AVAILABILITY OF REPORTS- After removing
information that would compromise the privacy interests of
mortgagors, the Secretary shall make public the reports
required by this subsection and summary data./
/SEC. 8004. AUTHORIZATION OF APPROPRIATIONS./
/ There are authorized to be appropriated to the Secretary, such
sums as may be necessary to carry out this title./
/SEC. 8005. SUNSET OF AUTHORITY./
/ The authority of the Secretary to provide assistance under this
title shall terminate on December 31, 2011./
Attest:
Secretary.
111th CONGRESS
1st Session
*
H. R. 1
*
*
AMENDMENT
*
/END/
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