--H.R.1--
H.R.1
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `American Recovery and Reinvestment Act of 2009'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
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 FUND
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY
TITLE XVI--GENERAL PROVISIONS--THIS ACT
DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER PROVISIONS
TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
TITLE III--PREMIUM ASSISTANCE FOR COBRA BENEFITS
TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
TITLE V--STATE FISCAL RELIEF
TITLE VI--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
TITLE VII--LIMITS ON EXECUTIVE COMPENSATION
SEC. 3. PURPOSES AND PRINCIPLES.
(a) Statement of Purposes- The purposes of this Act include the following:
(1) To preserve and create jobs and promote economic recovery.
(2) To assist those most impacted by the recession.
(3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health.
(4) To invest in transportation, environmental
protection, and other infrastructure that will provide long-term
economic benefits.
(5) To stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and
counterproductive state and local tax increases.
(b) General Principles Concerning Use of Funds- The
President and the heads of Federal departments and agencies shall
manage and expend the funds made available in this Act so as to achieve
the purposes specified in subsection (a), including commencing
expenditures and activities as quickly as possible consistent with
prudent management.
SEC. 4. 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.
SEC. 5. EMERGENCY DESIGNATIONS.
(a) In General- 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.
(b) Pay-as-You-Go- All applicable provisions in this Act
are designated as an emergency for purposes of pay-as-you-go principles.
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
Agriculture Buildings and Facilities and Rental Payments
For an additional amount for `Agriculture Buildings and
Facilities and Rental Payments', $24,000,000, for necessary
construction, repair, and improvement activities.
office of inspector general
For an additional amount for `Office of Inspector General',
$22,500,000, to remain available until September 30, 2013, for
oversight and audit of programs, grants, and activities funded by this
Act and administered by the Department of Agriculture.
Agricultural Research Service
buildings and facilities
For an additional amount for `Buildings and Facilities',
$176,000,000, for work on deferred maintenance at Agricultural Research
Service facilities: Provided, That priority in the use of
such funds shall be given to critical deferred maintenance, to projects
that can be completed, and to activities that can commence promptly
following enactment of this Act.
Farm Service Agency
salaries and expenses
For an additional amount for `Farm Service Agency, Salaries
and Expenses,' $50,000,000, for the purpose of maintaining and
modernizing the information technology system.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for `Watershed and Flood
Prevention Operations', $290,000,000, of which $145,000,000 is for
necessary expenses to purchase and restore floodplain easements as
authorized by section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) (except that no more than $30,000,000 of the amount
provided for the purchase of floodplain easements may be obligated for
projects in any one State): Provided, That such funds shall
be allocated to projects that can be fully funded and completed with
the funds appropriated in this Act, and to activities that can commence
promptly following enactment of this Act.
watershed rehabilitation program
For an additional amount for `Watershed Rehabilitation Program', $50,000,000: Provided,
That such funds shall be allocated to projects that can be fully funded
and completed with the funds appropriated in this Act, and to
activities that can commence promptly following enactment of this Act.
Rural Housing Service
rural housing insurance fund 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, 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, 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 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, $130,000,000.
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.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the cost of direct loans and
grants for the rural water, waste water, and waste disposal programs
authorized by sections 306 and 310B and described in section 381E(d)(2)
of the Consolidated Farm and Rural Development Act, $1,380,000,000.
distance learning, telemedicine, and broadband program
For an additional amount for the cost of broadband loans
and loan guarantees, as authorized by the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.) and for grants (including for technical
assistance), $2,500,000,000: Provided, That the cost of direct and guaranteed loans shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further,
That, notwithstanding title VI of the Rural Electrification Act of
1936, this amount is available for grants, loans and loan guarantees
for broadband infrastructure in any area of the United States: Provided further,
That at least 75 percent of the area to be served by a project
receiving funds from such grants, loans or loan guarantees shall be in
a rural area without sufficient access to high speed broadband service
to facilitate rural economic development, as determined by the
Secretary of Agriculture: Provided further, That priority for
awarding such funds shall be given to project applications for
broadband systems that will deliver end users a choice of more than one
service provider: 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 access to broadband service: Provided further,
That priority shall be given for project applications from borrowers or
former borrowers under title II of the Rural Electrification Act of
1936 and for project applications that include such borrowers or former
borrowers: Provided further, That priority for awarding such
funds shall be given to project applications that demonstrate that, if
the application is approved, all project elements will be fully funded:
Provided further, That priority for awarding such funds shall
be given to project applications for activities that can be completed
if the requested funds are provided: Provided further, That priority for awarding such funds shall be given to activities that can commence promptly following approval: Provided further,
That no area of a project funded with amounts made available under this
paragraph may receive funding to provide broadband service under the
Broadband Technology Opportunities Program: Provided further,
That the Secretary shall submit a report on planned spending and actual
obligations describing the use of these funds not later than 90 days
after the date of enactment of this Act, and quarterly thereafter until
all funds are obligated, to the Committees on Appropriations of the
House of Representatives and the Senate.
FOOD AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS
For an 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 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 in a manner proportional with each States' administrative
expense allocation: Provided further, That the States shall
provide competitive grants to school food authorities based upon the
need for equipment assistance in participating schools with priority
given to school 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.
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), $500,000,000, of which $400,000,000 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
$100,000,000 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 emergency food assistance
program as authorized by section 27(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000: Provided, That
of the funds made available, the Secretary may use up to $50,000,000
for costs associated with the distribution of commodities, of which up
to $25,000,000 shall be made available in fiscal year 2009.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Temporary Increase in Benefits Under the Supplemental Nutrition Assistance Program. (a) Maximum Benefit Increase-
(1) IN GENERAL- Beginning the first month that begins
not less than 25 days after the date of enactment of this Act, the
value of benefits determined under section 8(a) of the Food and
Nutrition Act of 2008 and consolidated block grants for Puerto Rico and
American Samoa determined under section 19(a) of such Act shall be
calculated using 113.6 percent of the June 2008 value of the thrifty
food plan as specified under section 3(o) of such Act.
(A) The authority provided by this subsection shall terminate after September 30, 2009.
(B) Notwithstanding subparagraph (A), the Secretary
of Agriculture may not reduce the value of the maximum allotments,
minimum allotments or consolidated block grants for Puerto Rico and
American Samoa below the level in effect for fiscal year 2009 as a
result of paragraph (1).
(b) Requirements for the Secretary- In carrying out this section, the Secretary shall--
(1) consider the benefit increases described in subsection (a) to be a `mass change';
(2) require a simple process for States to notify households of the increase in benefits;
(3) consider section 16(c)(3)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors
in the implementation of this section, without regard to the 120-day
limit described in that section;
(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
(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 through September 30, 2009.
(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.), the Secretary
shall make available $145,000,000 in fiscal year 2009 and $150,000,000
in fiscal year 2010, of which $4,500,000 is for necessary expenses of
the Food and Nutrition Service for management and oversight of the
program and for monitoring the integrity and evaluating the effects of
the payments made under this section.
(2) 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 for
management and oversight, funds described in paragraph (1) shall be
made available 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 (as of the date of enactment) 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 (as of the date of enactment) for participation in
disaster programs under section 5(h) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(h)).
(d) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS- For
the costs relating to facility improvements and equipment upgrades
associated with the Food Distribution Program on Indian Reservations,
as 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: Provided, That administrative cost-sharing requirements are not applicable to funds provided in accordance with this provision.
(e) TREATMENT OF JOBLESS WORKERS-
(1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR
2010- Beginning with the first month that begins not less than 25 days
after the date of enactment of this Act and for each subsequent month
through September 30, 2010, eligibility for supplemental nutrition
assistance program benefits shall not be limited under section 6(o)(2)
of the Food and Nutrition Act of 2008 unless an individual does not
comply with the requirements of a program offered by the State agency
that meets the standards of subparagraphs (B) or (C) of that paragraph.
(2) FISCAL YEAR 2011 AND THEREAFTER- Beginning on
October 1, 2010, 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, 2010.
(f) 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. 102. 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 next year for which a policy is available.
`(B) AMOUNT OF ASSISTANCE- Eligible producers on a
farm that meet the requirements of subparagraph (A) shall be eligible
to receive assistance under this section as if the eligible producers
on the farm--
`(i) in the case of each insurable commodity of
the eligible producers on the farm, had obtained a policy or plan of
insurance for the 2008 crop year at a level of coverage not to exceed
70 percent or more of the recorded or appraised average yield
indemnified at 100 percent of the expected market price, or an
equivalent coverage; and
`(ii) in the case of each noninsurable
commodity of the eligible producers on the farm, had filed the required
paperwork, and paid the administrative fee by the applicable State
filing deadline, for the noninsured crop assistance program for the
2008 crop year, except that in determining the level of coverage, the
Secretary shall use 70 percent of the applicable yield.
`(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 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 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 next year for which a policy is available.
`(B) AMOUNT OF ASSISTANCE- Eligible producers on a
farm that meet the requirements of subparagraph (A) shall be eligible
to receive assistance under this section as if the eligible producers
on the farm--
`(i) in the case of each insurable commodity of
the eligible producers on the farm, had obtained a policy or plan of
insurance for the 2008 crop year at a level of coverage not to exceed
70 percent or more of the recorded or appraised average yield
indemnified at 100 percent of the expected market price, or an
equivalent coverage; and
`(ii) in the case of each noninsurable
commodity of the eligible producers on the farm, had filed the required
paperwork, and paid the administrative fee by the applicable State
filing deadline, for the noninsured crop assistance program for the
2008 crop year, except that in determining the level of coverage, the
Secretary shall use 70 percent of the applicable yield.
`(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 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 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) Farm Operating Loans-
(1) IN GENERAL- For the principal amount of direct farm
operating loans under section 311 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941), $173,367,000.
(2) DIRECT FARM OPERATING LOANS- For the cost of direct
farm operating loans, including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a),
$20,440,000.
(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.
(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.
(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).
Sec. 103. For fiscal years 2009 and 2010, in the case of
each program established or amended by the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), other than by title I of such
Act, that is authorized or required to be carried out using funds of
the Commodity Credit Corporation--
(1) such funds shall be available for the purpose of
covering salaries and related administrative expenses, including
technical assistance, associated with the implementation of the
program, without regard to the limitation on the total amount of
allotments and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of applying
the limitation on the total amount of allotments and fund transfers
contained in such section.
Sec. 104. In addition to other available funds, of the
funds made available to the Rural Development mission area in this
title, not more than 3 percent of the funds can be used for
administrative costs to carry out loan, loan guarantee and grant
activities funded in this title, which shall be transferred to and
merged with the appropriation for `Rural Development, Salaries and
Expenses': Provided, That of this amount $1,750,000 shall be
committed to agency projects associated with maintaining the
compliance, safety, and soundness of the portfolio of loans guaranteed
through the section 502 guaranteed loan program.
Sec. 105. Of the amounts appropriated in this title to the
`Rural Housing Service, Rural Community Facilities Program Account',
the `Rural Business-Cooperative Service, Rural Business Program
Account', and the "Rural Utilities Service, Rural Water and Waste
Disposal Program Account', at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided, That for
the purposes of this section, the term `persistent poverty counties'
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for `Economic Development Assistance Programs', $150,000,000: 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: Provided further,
That not to exceed 2 percent of the funds provided under this heading
may be transferred to and merged with the appropriation for `Salaries
and Expenses' for purposes of program administration and oversight: Provided further,
That up to $50,000,000 of the funds provided under this heading may be
transferred to federally authorized regional economic development
commissions.
Bureau of the Census
periodic censuses and programs
For an additional amount for `Periodic Censuses and Programs', $1,000,000,000.
National Telecommunications and Information Administration
broadband technology opportunities program
For an amount for `Broadband Technology Opportunities Program', $4,700,000,000: Provided,
That of the funds provided under this heading, not less than
$4,350,000,000 shall be expended pursuant to division B of this Act, of
which: 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 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 division B 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 division B of this Act, and only if the
Committees on Appropriations of the House and the Senate are notified
not less than 15 days in advance of the transfer of such funds: Provided further,
That not more than 3 percent of funds provided under this heading may
be used for administrative costs, and this limitation shall apply to
funds which may be transferred to the FCC.
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: 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 (FCC) if deemed necessary and
appropriate by the Secretary of Commerce in consultation with the FCC,
and only if the Committees on Appropriations of the House and the
Senate are notified not less than 5 days in advance of transfer of such
funds.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for `Scientific and Technical Research and Services', $220,000,000.
construction of research facilities
For an additional amount for `Construction of Research
Facilities', $360,000,000, of which $180,000,000 shall be for a
competitive construction grant program for research science buildings.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for `Operations, Research, and Facilities', $230,000,000.
procurement, acquisition and construction
For an additional amount for `Procurement, Acquisition and Construction', $600,000,000.
Office of Inspector General
For an additional amount for `Office of Inspector General', $6,000,000, to remain available until September 30, 2013.
DEPARTMENT OF JUSTICE
General Administration
OFFICE OF INSPECTOR GENERAL
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2013.
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', $225,000,000 for grants to combat
violence against women, as authorized by part T of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.): Provided,
That, $50,000,000 shall be for transitional housing assistance grants
for victims of domestic violence, stalking or sexual assault as
authorized by section 40299 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for `State and Local Law
Enforcement Assistance', $2,000,000,000, for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Acts of 1968
(`1968 Act'), (except that section 1001(c), and the special rules for
Puerto Rico under section 505(g), of the 1968 Act, shall not apply for
purposes of this Act).
For an additional amount for `State and Local Law
Enforcement Assistance', $225,000,000, for competitive grants to
improve the functioning of the criminal justice system, to assist
victims of crime (other than compensation), and youth mentoring grants.
For an additional amount for `State and Local Law
Enforcement Assistance', $40,000,000, 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', $225,000,000, for assistance to Indian tribes,
notwithstanding Public Law 108-199, division B, title I, section
112(a)(1) (118 Stat. 62), which 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).
For an additional amount for `State and Local Law
Enforcement Assistance', $100,000,000, 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', $125,000,000, for assistance to law
enforcement in rural States and 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, 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, notwithstanding subsection (i) of such section,
$1,000,000,000.
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.
SCIENCE
National Aeronautics and Space Administration
science
For an additional amount for `Science', $400,000,000.
aeronautics
For an additional amount for `Aeronautics', $150,000,000.
exploration
For an additional amount for `Exploration', $400,000,000.
cross agency support
For an additional amount for `Cross Agency Support', $50,000,000.
office of inspector general
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2013.
National Science Foundation
research and related activities
For an additional amount for `Research and Related Activities', $2,500,000,000: Provided,
That $300,000,000 shall be available solely for the Major Research
Instrumentation program and $200,000,000 shall be for activities
authorized by title II of Public Law 100-570 for academic research
facilities modernization.
education and human resources
For an additional amount for `Education and Human Resources', $100,000,000.
major research equipment and facilities construction
For an additional amount for `Major Research Equipment and Facilities Construction', $400,000,000.
office of inspector general
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2013.
GENERAL PROVISION--THIS TITLE
SEC. 201. Sections 1701(g) and 1704(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(g) and
3796dd-3(c)) shall not apply with respect to funds appropriated in this
or any other Act making appropriations for fiscal year 2009 or 2010 for
Community Oriented Policing Services authorized under part Q of such
Act of 1968.
TITLE III--DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation and Maintenance,
Army', $1,474,525,000, to remain available for obligation until
September 30, 2010, to improve, repair and modernize Department of
Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Navy
For an additional amount for `Operation and Maintenance,
Navy', $657,051,000, to remain available for obligation until September
30, 2010, to improve, repair and modernize Department of Defense
facilities, restore and modernize real property to include barracks,
and invest in the energy efficiency of Department of Defense facilities.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation and Maintenance,
Marine Corps', $113,865,000, to remain available for obligation until
September 30, 2010, to improve, repair and modernize Department of
Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Air Force
For an additional amount for `Operation and Maintenance,
Air Force', $1,095,959,000, to remain available for obligation until
September 30, 2010, to improve, repair and modernize Department of
Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Army Reserve
For an additional amount for `Operation and Maintenance,
Army Reserve', $98,269,000, to remain available for obligation until
September 30, 2010, to improve, repair and modernize Department of
Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation and Maintenance,
Navy Reserve', $55,083,000, to remain available for obligation until
September 30, 2010, to improve, repair and modernize Department of
Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for `Operation and Maintenance,
Marine Corps Reserve', $39,909,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize Department
of Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Air Force Reserve
For an additional amount for `Operation and Maintenance,
Air Force Reserve', $13,187,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize Department
of Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Army National Guard
For an additional amount for `Operation and Maintenance,
Army National Guard', $266,304,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize Department
of Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
Operation and Maintenance, Air National Guard
For an additional amount for `Operation and Maintenance,
Air National Guard', $25,848,000, to remain available for obligation
until September 30, 2010, to improve, repair and modernize Department
of Defense facilities, restore and modernize real property to include
barracks, and invest in the energy efficiency of Department of Defense
facilities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for `Research, Development, Test
and Evaluation, Army', $75,000,000, to remain available for obligation
until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for `Research, Development, Test
and Evaluation, Navy', $75,000,000, to remain available for obligation
until September 30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for `Research, Development, Test
and Evaluation, Air Force', $75,000,000, to remain available for
obligation until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for `Research, Development, Test
and Evaluation, Defense-Wide', $75,000,000, to remain available for
obligation until September 30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense Health Program',
$400,000,000 for operation and maintenance, to remain available for
obligation until September 30, 2010, to improve, repair and modernize
military medical facilities, and invest in the energy efficiency of
military medical facilities.
Office of the Inspector General
For an additional amount for `Office of the Inspector
General', $15,000,000 for operation and maintenance, to remain
available for obligation 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', $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, overhead, engineering and design on those
projects and on subsequent claims, if any: Provided further,
That the Secretary of the Army shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation, obligation and expenditures of these
funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.
construction
For an additional amount for `Construction', $2,000,000,000: Provided, That not less than $200,000,000 of the funds provided shall be 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, funds provided in this
paragraph shall not be cost shared with the Inland Waterways Trust Fund
as authorized in Public Law 99-662: Provided further, That
funds provided 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, overhead, engineering and design on those
projects and on subsequent claims, if any: Provided further,
That the Secretary of the Army shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation, obligation and expenditures of these
funds, beginning not later than 45 days after enactment of this Act: 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', $375,000,000: 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 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, overhead, engineering and design on those
projects and on subsequent claims, if any: Provided further,
That the Secretary of the Army shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation, obligation and expenditures of these
funds, beginning not later than 45 days after enactment of this Act: 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', $2,075,000,000: 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 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, overhead, engineering and design on those
projects and on subsequent claims, if any: Provided further,
That the Secretary of the Army shall submit a quarterly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation, obligation and expenditures of these
funds, beginning not later than 45 days after enactment of this Act: 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', $25,000,000.
formerly utilized sites remedial action program
For an additional amount for `Formerly Utilized Sites Remedial Action Program', $100,000,000: Provided,
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, overhead,
engineering and design on those projects and on subsequent claims, if
any: Provided further, That the Secretary of the Army shall
submit a quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation,
obligation and expenditures of these funds, beginning not later than 45
days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for `Water and Related Resources', $1,000,000,000: Provided,
That of the amount appropriated under this heading, not less than
$126,000,000 shall be used for water reclamation and reuse projects
authorized under title XVI of Public Law 102-575: Provided further,
That 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 the costs of
extraordinary maintenance and replacement activities carried out with
funds provided in this Act shall be repaid pursuant to existing
authority, except the length of repayment period shall be as determined
by the Commissioner, but in no case shall the repayment period exceed
50 years and the repayment shall include interest, at a rate determined
by the Secretary of the Treasury as of the beginning of the fiscal year
in which the work is commenced, on the basis of average market yields
on outstanding marketable obligations of the United States with the
remaining periods of maturity comparable to the applicable
reimbursement period of the project adjusted to the nearest one-eighth
of 1 percent on the unamortized balance of any portion of the loan: Provided further,
That for projects that are being completed with funds appropriated in
this Act that would otherwise be expired for obligation, expired funds
appropriated in this Act may be used to pay the cost of associated
supervision, inspection, overhead, engineering and design on those
projects and on subsequent claims, if any: Provided further,
That the Secretary of the Interior shall submit a quarterly report to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the allocation, obligation and expenditures of
these funds, beginning not later than 45 days after enactment of this
Act: 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', $16,800,000,000: Provided,
That $3,200,000,000 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 $2,800,000,000 is available
through the formula in subtitle E: Provided further, That the
Secretary may use the most recent and accurate population data
available to satisfy the requirements of section 543(b) of the Energy
Independence and Security Act of 2007: Provided further, That the remaining $400,000,000 shall be awarded on a competitive basis: Provided further,
That $5,000,000,000 shall be for the Weatherization Assistance Program
under part A of title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.): Provided further, That
$3,100,000,000 shall be for the State Energy Program authorized under
part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321): 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: Provided,
That funds shall be available for expenses necessary for electricity
delivery and energy reliability activities to modernize the electric
grid, to include demand responsive equipment, enhance security and
reliability of the energy infrastructure, energy storage research,
development, demonstration and deployment, and facilitate recovery from
disruptions to the energy supply, and for implementation of programs
authorized under title XIII of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17381 et seq.): Provided further, That $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 further, 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 after consultation with the Federal Energy Regulatory
Commission: Provided further, That the Office of Electricity
Delivery and Energy Reliability in coordination with the Federal Energy
Regulatory Commission will provide technical assistance to the North
American Electric Reliability Corporation, the regional reliability
entities, the States, and other transmission owners and operators for
the formation of interconnection-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: Provided further,
That the Secretary of Energy may use or transfer amounts provided under
this heading to carry out new authority for transmission improvements,
if such authority is enacted in any subsequent Act, consistent with
existing fiscal management practices and procedures.
Fossil Energy Research and Development
For an additional amount for `Fossil Energy Research and Development', $3,400,000,000.
Non-Defense Environmental Cleanup
For an additional amount for `Non-Defense Environmental Cleanup', $483,000,000.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for `Uranium Enrichment
Decontamination and Decommissioning Fund', $390,000,000, 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', $1,600,000,000.
Advanced Research Projects Agency--Energy
For the Advanced Research Projects Agency--Energy,
$400,000,000, as authorized under section 5012 of the America COMPETES
Act (42 U.S.C. 16538).
Title 17--Innovative Technology Loan Guarantee Program
For an additional amount for the cost of guaranteed loans
authorized by section 1705 of the Energy Policy Act of 2005,
$6,000,000,000, available until expended, to pay the costs of
guarantees made under this section: Provided, That of the
amount provided for title XVII, $25,000,000 shall be used for
administrative expenses in carrying out the guaranteed loan program: Provided further,
That of the amounts provided for title XVII, $10,000,000 shall be
transferred to and available for administrative expenses for the
Advanced Technology Vehicles Manufacturing 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, $15,000,000, to remain available until September 30,
2012.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for `Defense Environmental Cleanup,' $5,127,000,000.
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.
`(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.
`(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.
`(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. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT. Up to 0.5
percent of each amount appropriated in this title may be used for the
expenses of management and oversight of the programs, grants, and
activities funded by such appropriation, and may be transferred by the
head of the Federal department or agency involved to any other
appropriate account within the department or agency for that purpose: Provided,
That the Secretary will provide a report to the Committees on
Appropriations of the House of Representatives and the Senate 30 days
prior to the transfer: Provided further, That funds set aside under this section shall remain available for obligation until September 30, 2012.
SEC. 404. Technical Corrections to the Energy Independence
and Security Act of 2007. (a) Section 543(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17153(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
`(1) 34 percent to eligible units of local government--alternative 1, in accordance with subsection (b);
`(2) 34 percent to eligible units of local government--alternative 2, in accordance with subsection (b);'.
(b) Section 543(b) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17153(b)) is amended by striking `subsection
(a)(1)' and inserting `subsection (a)(1) or (2)'.
(c) Section 548(a)(1) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending by striking `;
provided' and all that follows through `541(3)(B)'.
SEC. 405. Amendments to Title XIII of the Energy
Independence and Security Act of 2007. Title XIII of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17381 and following)
is amended as follows:
(1) By amending subparagraph (A) of section 1304(b)(3) to read as follows:
`(A) IN GENERAL- In carrying out the initiative,
the Secretary shall provide financial support to smart grid
demonstration projects in urban, suburban, tribal, and rural areas,
including areas where electric system assets are controlled by
nonprofit entities and areas where electric system assets are
controlled by investor-owned utilities.'.
(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 after section 1304(b)(3)(D) the following new subparagraphs:
`(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.
`(F) OPEN PROTOCOLS AND STANDARDS- The Secretary
shall require as a condition of receiving funding under this subsection
that demonstration projects utilize open protocols and standards
(including Internet-based protocols and standards) if available and
appropriate.'.
(4) By amending paragraph (2) of section 1304(c) to read as follows:
`(2) to carry out subsection (b), such sums as may be necessary.'.
(5) By amending subsection (a) of section 1306 by
striking `reimbursement of one-fifth (20 percent)' and inserting
`grants of up to one-half (50 percent)'.
(6) By striking the last sentence of subsection (b)(9) of section 1306.
(7) By striking `are eligible for' in subsection (c)(1) of section 1306 and inserting `utilize'.
(8) By amending subsection (e) of section 1306 to read as follows:
`(e) Procedures and Rules- (1) The Secretary shall, within
60 days after the enactment of the American Recovery and Reinvestment
Act of 2009, by means of a notice of intent and subsequent solicitation
of grant proposals--
`(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs;
`(B) require as a condition of receiving funding under
this subsection that demonstration projects utilize open protocols and
standards (including Internet-based protocols and standards) if
available and appropriate;
`(C) 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 the
qualifying Smart Grid investments, and that the grants made have a
significant effect in encouraging and facilitating the development of a
smart grid;
`(D) establish procedures to ensure there will be
public records of grants made, recipients, and qualifying Smart Grid
investments which have received grants; and
`(E) establish procedures to provide advance payment of moneys up to the full amount of the grant award.
`(2) The Secretary shall have discretion and exercise
reasonable judgment to deny grants for investments that do not
qualify.'.
Sec. 406. RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION
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 the following
categories of projects that commence construction not later than
September 30, 2011:
`(1) Renewable energy systems, including incremental
hydropower, that generate electricity or thermal energy, and facilities
that manufacture related components.
`(2) Electric power transmission systems, including upgrading and reconductoring projects.
`(3) Leading edge biofuel projects that will use
technologies performing at the pilot or demonstration scale that the
Secretary determines are likely to become commercial technologies and
will produce transportation fuels that substantially reduce life-cycle
greenhouse gas emissions compared to other transportation fuels.
`(b) Factors Relating to Electric Power Transmission
Systems- In determining to make guarantees to projects described in
subsection (a)(2), the Secretary may consider the following factors:
`(1) The viability of the project without guarantees.
`(2) The availability of other Federal and State incentives.
`(3) The importance of the project in meeting reliability needs.
`(4) The effect of the project in meeting a State or region's environment (including climate change) and energy goals.
`(c) Wage Rate Requirements- The Secretary shall require
that each recipient of support under this section provide reasonable
assurance that all laborers and mechanics employed in the performance
of the project for which the assistance is provided, including those
employed by contractors or subcontractors, will be paid wages at rates
not less than those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the `Davis-Bacon Act').
`(d) Limitation- Funding under this section for projects described in subsection (a)(3) shall not exceed $500,000,000.
`(e) Sunset- The authority to enter into guarantees under this section shall expire on September 30, 2011.'.
(b) Table of Contents Amendment- The table of contents for
the Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1704 the following new item:
`Sec. 1705. Temporary program for rapid deployment of renewable energy and electric power transmission projects.'.
SEC. 407. WEATHERIZATION ASSISTANCE 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 `$6,500'.
(c) Effective Use of Funds- In providing funds made
available by this Act for the Weatherization Assistance Program, the
Secretary may encourage States to give priority to using such funds for
the most cost-effective efficiency activities, which may include
insulation of attics, if, in the Secretary's view, such use of funds
would increase the effectiveness of the program.
(d) 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'.
(e) Assistance for Previously Weatherized Dwelling Units-
Section 415(c)(2) of the Energy Conservation and Production Act (42
U.S.C. 6865(c)(2)) is amended by striking `September 30, 1979' and
inserting `September 30, 1994'.
Sec. 408. Technical Corrections to 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)'.
SEC. 409. RENEWABLE ELECTRICITY TRANSMISSION STUDY. In
completing the 2009 National Electric Transmission Congestion Study,
the Secretary of Energy shall include--
(1) an analysis of the significant potential sources of
renewable energy that are constrained in accessing appropriate market
areas by lack of adequate transmission capacity;
(2) an analysis of the reasons for failure to develop the adequate transmission capacity;
(3) recommendations for achieving adequate transmission capacity;
(4) an analysis of the extent to which legal challenges
filed at the State and Federal level are delaying the construction of
transmission necessary to access renewable energy; and
(5) an explanation of assumptions and projections made in the Study, including--
(A) assumptions and projections relating to energy efficiency improvements in each load center;
(B) assumptions and projections regarding the location and type of projected new generation capacity; and
(C) assumptions and projections regarding projected deployment of distributed generation infrastructure.
SEC. 410. ADDITIONAL STATE ENERGY GRANTS. (a) In General-
Amounts appropriated under the heading `Department of Energy--Energy
Programs--Energy Efficiency and Renewable Energy' in this title shall
be available to the Secretary of Energy for making additional grants
under part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.). The Secretary shall make grants under this
section in excess of the base allocation established for a State under
regulations issued pursuant to the authorization provided in section
365(f) of such Act only if the governor of the recipient State notifies
the Secretary of Energy in writing that the governor has obtained
necessary assurances that each of the following will occur:
(1) The applicable State regulatory authority will seek
to implement, in appropriate proceedings for each electric and gas
utility, with respect to which the State regulatory authority has
ratemaking authority, a general policy that ensures that utility
financial incentives are aligned with helping their customers use
energy more efficiently and that provide timely cost recovery and a
timely earnings opportunity for utilities associated with
cost-effective measurable and verifiable efficiency savings, in a way
that sustains or enhances utility customers' incentives to use energy
more efficiently.
(2) The State, or the applicable units of local
government that have authority to adopt building codes, will implement
the following:
(A) A building energy code (or codes) for
residential buildings that meets or exceeds the most recently published
International Energy Conservation Code, or achieves equivalent or
greater energy savings.
(B) A building energy code (or codes) for
commercial buildings throughout the State that meets or exceeds the
ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieves equivalent or greater
energy savings.
(C) A plan for the jurisdiction achieving
compliance with the building energy code or codes described in
subparagraphs (A) and (B) within 8 years of the date of enactment of
this Act in at least 90 percent of new and renovated residential and
commercial building space. Such plan shall include active training and
enforcement programs and measurement of the rate of compliance each
year.
(3) The State will to the extent practicable prioritize
the grants toward funding energy efficiency and renewable energy
programs, including--
(A) the expansion of existing energy efficiency
programs approved by the State or the appropriate regulatory authority,
including energy efficiency retrofits of buildings and industrial
facilities, that are funded--
(ii) through rates under the oversight of the applicable regulatory authority, to the extent applicable;
(B) the expansion of existing programs, approved by
the State or the appropriate regulatory authority, to support renewable
energy projects and deployment activities, including programs operated
by entities which have the authority and capability to manage and
distribute grants, loans, performance incentives, and other forms of
financial assistance; and
(C) cooperation and joint activities between States
to advance more efficient and effective use of this funding to support
the priorities described in this paragraph.
(b) State Match- The State cost share requirement under the
item relating to `Department of Energy; Energy Conservation' in title
II of the Department of the Interior and Related Agencies
Appropriations Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861) shall not
apply to assistance provided under this section.
(c) Equipment and Materials for Energy Efficiency Measures
and Renewable Energy Measures- No limitation on the percentage of
funding that may be used for the purchase and installation of equipment
and materials for energy efficiency measures and renewable energy
measures under grants provided under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.) shall apply to
assistance provided under this section.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
For an additional amount for necessary expenses of the
Treasury Inspector General for Tax Administration in carrying out the
Inspector General Act of 1978, $7,000,000, to remain available until
September 30, 2013, for oversight and audits of the administration of
the making work pay tax credit and economic recovery payments under the
American Recovery and Reinvestment Act of 2009.
Community Development Financial Institutions Fund Program Account
For an additional amount for `Community Development
Financial Institutions Fund Program Account', $100,000,000, to remain
available until September 30, 2010, for qualified applicants under the
fiscal year 2009 funding round of the Community Development Financial
Institutions Program, of which up to $8,000,000 may be for financial
assistance, technical assistance, training and outreach programs
designed to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified community
development lender organizations with experience and expertise in
community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers and up to $2,000,000 may be used for administrative
expenses: Provided, That for the purpose of the fiscal year
2009 funding round, 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 5 percent of the aggregate funds available during
fiscal year 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.
Internal Revenue Service
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For an additional amount to implement the health insurance
tax credit under the TAA Health Coverage Improvement Act of 2009,
$80,000,000, to remain available until September 30, 2010.
GENERAL SERVICES ADMINISTRATION
Real Property Activities
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount to be deposited in the Federal
Buildings Fund, $5,550,000,000, to carry out the purposes of the Fund,
of which not less than $750,000,000 shall be available for Federal
buildings and United States courthouses, not less than $300,000,000
shall be available for border stations and land ports of entry, and not
less than $4,500,000,000 shall be available for measures necessary to
convert GSA facilities to High-Performance Green Buildings, as defined
in section 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 to exceed $3,000,000 of the funds provided shall be for
on-the-job pre-apprenticeship and apprenticeship training programs
registered with the Department of Labor, for the construction, repair,
and alteration of Federal buildings: Provided further, That
not less than $5,000,000,000 of the funds provided under this heading
shall be obligated by September 30, 2010, and the remainder of the
funds provided under this heading shall be obligated not later than
September 30, 2011: Provided 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
45 days of enactment of this Act, and shall provide notification to the
Committees within 15 days prior to any changes regarding the use of
these funds: Provided further, That, hereafter, the
Administrator shall report to the Committees on the obligation of these
funds on a quarterly basis beginning on June 30, 2009: Provided further,
That of the amounts provided, $4,000,000 shall be transferred to and
merged with `Government-Wide Policy', for the Office of Federal
High-Performance Green Buildings as authorized in the Energy
Independence and Security Act of 2007 (Public Law 110-140): Provided further,
That amounts provided under this heading that are savings or cannot be
used for the activity for which originally obligated may be deobligated
and, notwithstanding any other provision of law, reobligated for the
purposes identified in the plan required under this heading not less
than 15 days after notification has been provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Energy-Efficient Federal Motor Vehicle Fleet Procurement
For capital expenditures and necessary expenses of
acquiring motor vehicles with higher fuel economy, including: hybrid
vehicles; electric vehicles; and commercially-available, plug-in hybrid
vehicles, $300,000,000, to remain available until September 30, 2011: Provided,
That none of these funds may be obligated until the Administrator of
General Services submits to the Committees on Appropriations of the
House of Representatives and the Senate, within 90 days after enactment
of this Act, a plan for expenditure of the funds that details the
current inventory of the Federal fleet owned by the General Services
Administration, as well as other Federal agencies, and the strategy to
expend these funds to replace a portion of the Federal fleet with the
goal of substantially increasing energy efficiency over the current
status, including increasing fuel efficiency and reducing emissions: Provided further,
That, hereafter, the Administrator shall report to the Committees on
the obligation of these funds on a quarterly basis beginning on
September 30, 2009.
Office of Inspector General
For an additional amount for the Office of the Inspector
General, to remain available until September 30, 2013, for oversight
and audit of programs, grants, and projects funded under this title,
$7,000,000.
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, $84,000,000, to remain available until September 30, 2011.
SMALL BUSINESS ADMINISTRATION
Salaries and Expenses
For an additional amount, to remain available until
September 30, 2010, $69,000,000, 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, 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, 2013, for
oversight and audit of programs, grants, and projects funded under this
title.
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, $630,000,000, to
remain available until September 30, 2010: Provided, That of
the amount for the cost of guaranteed loans, $375,000,000 shall be for
reimbursements, loan subsidies and loan modifications for loans to
small business concerns authorized in section 501 of this title; and
$255,000,000 shall be for loan subsidies and loan modifications for
loans to small business concerns authorized in section 506 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. FEE REDUCTIONS. (a) ADMINISTRATIVE PROVISIONS
SMALL BUSINESS ADMINISTRATION- Until September 30, 2010, and to the
extent that the cost of such elimination or reduction 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)) and section 502 of
this title, 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 or reduce fees to the maximum extent
possible; 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 or reduce fees to the maximum extent
possible.
(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 pursuant to 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) APPLICATION OF FEE ELIMINATIONS-
(1) To the extent that amounts are made available to
the Administrator for the purpose of fee eliminations or reductions
under subsection (a), the Administrator shall--
(A) first use any amounts provided to eliminate or
reduce fees paid by small business borrowers under clauses (i) through
(iii) of paragraph (18)(A), to the maximum extent possible; and
(B) then use any amounts provided to eliminate or
reduce fees under paragraph (23)(A) paid by small business lenders with
assets less than $1,000,000,000 as of the date of enactment; and
(C) then use any remaining amounts appropriated
under this title to reduce fees paid by small business lenders other
than those with assets less than $1,000,000,000.
(2) The Administrator shall eliminate fees under
subsections (a) and (b) until the amount provided for such purposes, as
applicable, under the heading `Business Loans Program Account' under
the heading `Small Business Administration' under this Act are expended.
SEC. 502. ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL
BUSINESSES. (a) PURPOSE- The purpose of this section is to permit the
Small Business Administration to guarantee up to 90 percent of
qualifying small business loans made by eligible lenders.
(b) DEFINITIONS- For purposes of this section:
(1) The term `Administrator' means the Administrator of the Small Business Administration.
(2) The term `qualifying small business loan' means any
loan to a small business concern pursuant to section 7(a) of the Small
Business Act (15 U.S.C. 636) or title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 and following) except for such
loans made under section 7(a)(31).
(3) The term `small business concern' has the same meaning as provided by section 3 of the Small Business Act (15 U.S.C. 632).
(1) ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES- A
loan guarantee may not be made under this section for a loan made to a
concern if an individual who is an alien unlawfully present in the
United States--
(A) has an ownership interest in that concern; or
(B) has an ownership interest in another concern that itself has an ownership interest in that concern.
(2) FIRMS IN VIOLATION OF IMMIGRATION LAWS- No loan
guarantee may be made under this section for a loan to any entity
found, based on a determination by the Secretary of Homeland Security
or the Attorney General to have engaged in a pattern or practice of
hiring, recruiting or referring for a fee, for employment in the United
States an alien knowing the person is an unauthorized alien.
(d) CRIMINAL BACKGROUND CHECKS- Prior to the approval of
any loan guarantee under this section, the Administrator may verify the
applicant's criminal background, or lack thereof, through the best
available means, including, if possible, use of the National Crime
Information Center computer system at the Federal Bureau of
Investigation.
(e) APPLICATION OF OTHER LAW- Nothing in this section shall
be construed to exempt any activity of the Administrator under this
section from the Federal Credit Reform Act of 1990 (title V of the
Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661
and following).
(f) SUNSET- Loan guarantees may not be issued under this
section after the date 12 months after the date of enactment of this
Act.
(g) SMALL BUSINESS ACT PROVISIONS- The provisions of the
Small Business Act applicable to loan guarantees under section 7 of
that Act and regulations promulgated thereunder as of the date of
enactment of this Act shall apply to loan guarantees under this section
except as otherwise provided in this section.
(h) AUTHORIZATION- There are authorized to be appropriated such sums as may be necessary to carry out this section.
SEC. 503. ESTABLISHMENT OF SBA SECONDARY MARKET GUARANTEE
AUTHORITY. (a) PURPOSE- The purpose of this section is to provide the
Administrator with the authority to establish the SBA Secondary Market
Guarantee Authority within the SBA to provide a Federal guarantee for
pools of first lien 504 loans that are to be sold to third-party
investors.
(b) DEFINITIONS- For purposes of this section:
(1) The term `Administrator' means the Administrator of the Small Business Administration.
(2) The term `first lien position 504 loan' means the
first mortgage position, non-federally guaranteed loans made by private
sector lenders made under title V of the Small Business Investment Act.
(c) ESTABLISHMENT OF AUTHORITY-
(A) The Administrator shall establish a Secondary Market Guarantee Authority within the Small Business Administration.
(B) The Administrator shall appoint a Director of the Authority who shall report to the Administrator.
(C) The Administrator is authorized to hire such
personnel as are necessary to operate the Authority and may contract
such operations of the Authority as necessary to qualified third party
companies or individuals.
(D) The Administrator is authorized to contract
with private sector fiduciary and custom dial agents as necessary to
operate the Authority.
(A) The Administrator shall establish, by rule, a
process in which private sector entities may apply to the
Administration for a Federal guarantee on pools of first lien position
504 loans that are to be sold to third-party investors.
(B) The Administrator is authorized to contract
with private sector fiduciary and custom dial agents as necessary to
operate the Authority.
(A) The Administrator shall establish, by rule, a
process in which private sector entities may apply to the SBA for a
Federal guarantee on pools of first lien position 504 loans that are to
be sold to third-party investors.
(B) The rule under this section shall provide for a
process for the Administrator to consider and make decisions regarding
whether to extend a Federal guarantee referred to in clause (i). Such
rule shall also provide that:
(i) The seller of the pools purchasing a
guarantee under this section retains not less than 5 percent of the
dollar amount of the pools to be sold to third-party investors.
(ii) The Administrator shall charge fees,
upfront or annual, at a specified percentage of the loan amount that is
at such a rate that the cost of the program under the Federal Credit
Reform Act of 1990 (title V of the Congressional Budget and Impoundment
Control Act of 1974; 2 U.S.C. 661) shall be equal to zero.
(iii) The Administrator may guarantee not more than $3,000,000,000 of pools under this authority.
(C) The Administrator shall establish documents,
legal covenants, and other required documentation to protect the
interests of the United States.
(D) The Administrator shall establish a process to
receive and disburse funds to entities under the authority established
in this section.
(1) The Administrator shall ensure that entities
purchasing a guarantee under this section are using such guarantee for
the purpose of selling 504 first lien position pools to third-party
investors.
(2) If the Administrator finds that any such guarantee
was used for a purpose other than that specified in paragraph (1), the
Administrator shall--
(A) prohibit the purchaser of the guarantee or its
affiliates (within the meaning of the regulations under 13 CFR 121.103)
from using the authority of this section in the future; and
(B) take any other actions the Administrator, in
consultation with the Attorney General of the United States deems
appropriate.
(e) OVERSIGHT- The Administrator shall submit a report to
Congress not later than the third business day of each month setting
forth each of the following:
(1) The aggregate amount of guarantees extended under this section during the preceding month.
(2) The aggregate amount of guarantees outstanding.
(3) Defaults and payments on defaults made under this section.
(4) The identity of each purchaser of a guarantee found by the Administrator to have misused guarantees under this section.
(5) Any other information the Administrator deems
necessary to fully inform Congress of undue risk to the United States
associated with the issuance of guarantees under this section.
(f) DURATION OF PROGRAM- The authority of this section
shall terminate on the date 2 years after the date of enactment of this
section.
(g) FUNDING- Such sums as necessary are authorized to be appropriated to carry out the provisions of this section.
(h) BUDGET TREATMENT- Nothing in this section shall be
construed to exempt any activity of the Administrator under this
section from the Federal Credit Reform Act of 1990 (title V of the
Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661
and following).
(i) EMERGENCY RULEMAKING AUTHORITY- The Administrator shall
issue regulations under this section within 15 days after the date of
enactment of this section. The notice requirements of section 553(b) of
title 5, United States Code shall not apply to the promulgation of such
regulations.
SEC. 504. STIMULUS FOR COMMUNITY DEVELOPMENT LENDING. (a)
LOW INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN
PROGRAM- Section 502 of the Small Business Investment Act of 1958 (15
U.S.C. 696) is amended by adding at the end the following:
`(7) PERMISSIBLE DEBT REFINANCING-
`(A) IN GENERAL- Any financing approved under this title may include a limited amount of debt refinancing.
`(B) EXPANSIONS- If the project involves expansion
of a small business concern, any amount of existing indebtedness that
does not exceed 50 percent of the project cost of the expansion may be
refinanced and added to the expansion cost, if--
`(i) the proceeds of the indebtedness were used
to acquire land, including a building situated thereon, to construct a
building thereon, or to purchase equipment;
`(ii) the existing indebtedness is collateralized by fixed assets;
`(iii) the existing indebtedness was incurred for the benefit of the small business concern;
`(iv) the financing under this title will be
used only for refinancing existing indebtedness or costs relating to
the project financed under this title;
`(v) the financing under this title will
provide a substantial benefit to the borrower when prepayment
penalties, financing fees, and other financing costs are accounted for;
`(vi) the borrower has been current on all
payments due on the existing debt for not less than 1 year preceding
the date of refinancing; and
`(vii) the financing under section 504 will
provide better terms or rate of interest than the existing indebtedness
at the time of refinancing.'.
(b) JOB CREATION GOALS- Section 501(e)(1) and section
501(e)(2) of the Small Business Investment Act (15 U.S.C. 695) are each
amended by striking `$50,000' and inserting `$65,000'.
SEC. 505. INCREASING SMALL BUSINESS INVESTMENT. (a)
SIMPLIFIED MAXIMUM LEVERAGE LIMITS- Section 303(b) of the Small
Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended as
follows:
(1) By striking so much of paragraph (2) as precedes subparagraphs (C) and (D) and inserting the following:
`(A) IN GENERAL- The maximum amount of outstanding
leverage made available to any one company licensed under section
301(c) of this Act may not exceed the lesser of--
`(i) 300 percent of such company's private capital; or
`(B) MULTIPLE LICENSES UNDER COMMON CONTROL- The
maximum amount of outstanding leverage made available to two or more
companies licensed under section 301(c) of this Act that are commonly
controlled (as determined by the Administrator) and not under capital
impairment may not exceed $225,000,000.';
(2) By amending paragraph (2)(C) by inserting `(i)' before `In calculating' and adding the following at the end thereof:
`(ii) The maximum amount of outstanding leverage made available to--
`(I) any 1 company described in clause
(iii) may not exceed the lesser of 300 percent of private capital of
the company, or $175,000,000; and
`(II) 2 or more companies described in
clause (iii) that are under common control (as determined by the
Administrator) may not exceed $250,000,000.
`(iii) A company described in this clause is a
company licensed under section 301(c) in the first fiscal year after
the date of enactment of this clause or any fiscal year thereafter 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).'.
(3) By striking paragraph (4).
(b) SIMPLIFIED AGGREGATE INVESTMENT LIMITATIONS- Section
306(a) of the Small Business Investment Act of 1958 (15 U.S.C. 686(a))
is amended to read as follows:
`(a) PERCENTAGE LIMITATION ON PRIVATE CAPITAL- If any small
business investment company has obtained financing from the
Administrator and such financing remains outstanding, the aggregate
amount of securities acquired and for which commitments may be issued
by such company under the provisions of this title for any single
enterprise shall not, without the approval of the Administrator, exceed
10 percent of the sum of--
`(1) the private capital of such company; and
`(2) the total amount of leverage projected by the
company in the company's business plan that was approved by the
Administrator at the time of the grant of the company's license.'.
(c) 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.'.
SEC. 506. BUSINESS STABILIZATION PROGRAM. (a) IN GENERAL-
Subject to the availability of appropriations, the Administrator of the
Small Business Administration shall carry out a program to provide
loans on a deferred basis to viable (as such term is determined
pursuant to regulation by the Administrator of the Small Business
Administration) small business concerns that have a qualifying small
business loan and are experiencing immediate financial hardship.
(b) ELIGIBLE BORROWER- A small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632).
(c) QUALIFYING SMALL BUSINESS LOAN- A loan made to a small
business concern that meets the eligibility standards in section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) but shall not include
loans guarantees (or loan guarantee commitments made) by the
Administrator prior to the date of enactment of this Act.
(d) LOAN SIZE- Loans guaranteed under this section may not exceed $35,000.
(e) PURPOSE- Loans guaranteed under this program shall be
used to make periodic payment of principal and interest, either in full
or in part, on an existing qualifying small business loan for a period
of time not to exceed 6 months.
(f) LOAN TERMS- Loans made under this section shall:
(1) carry a 100 percent guaranty; and
(2) have interest fully subsidized for the period of repayment.
(g) REPAYMENT- Repayment for loans made under this section shall--
(1) be amortized over a period of time not to exceed 5 years; and
(2) not begin until 12 months after the final disbursement of funds is made.
(h) COLLATERAL- The Administrator of the Small Business
Administration may accept any available collateral, including
subordinated liens, to secure loans made under this section.
(i) FEES- The Administrator of the Small Business
Administration is prohibited from charging any processing fees,
origination fees, application fees, points, brokerage fees, bonus
points, prepayment penalties, and other fees that could be charged to a
loan applicant for loans under this section.
(j) SUNSET- The Administrator of the Small Business
Administration shall not issue loan guarantees under this section after
September 30, 2010.
(k) EMERGENCY RULEMAKING AUTHORITY- The Administrator of
the Small Business Administration shall issue regulations under this
section within 15 days after the date of enactment of this section. The
notice requirements of section 553(b) of title 5, United States Code
shall not apply to the promulgation of such regulations.
SEC. 507. GAO REPORT.
(a) REPORT- Not later than 60 days after the enactment of
this Act, the Comptroller General of the United States shall report to
the Congress on the actions of the Administrator in implementing the
authorities established in the administrative provisions of this title.
(b) INCLUDED ITEM- The report under this section shall
include a summary of the activity of the Administrator under this title
and an analysis of whether he is accomplishing the purpose of
increasing liquidity in the secondary market for Small Business
Administration loans.
SEC. 508. 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) Denial of Liability--
Section 411 of the Small Business Investment Act of 1958 (15 U.S.C. 694b) is amended--
(1) by striking subsection (e) and inserting the following:
`(e) REIMBURSEMENT OF SURETY; CONDITIONS-
Pursuant to any such guarantee or agreement, the
Administration shall reimburse the surety, as provided in subsection
(c) of this section, except that the Administration shall be relieved
of liability (in whole or in part within the discretion of the
Administration) if--
(1) the surety obtained such guarantee or agreement, or
applied for such reinbursement, by fraud or material misrepresentation,
(2) the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000,
(3) the surety has breached a material term or condition of such guarantee agreement, or
(4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d).'
(2) by adding at the end the following:
`(k) For bonds made or executed with the prior approval of
the Administration, the Administration shall not deny liability to a
surety based upon material information that was provided as part of the
guaranty application.'.
(c) 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.'.
(d) STUDY--The Administrator of the Small Business
Administration shall conduct a study of the current funding structure
of the surety bond program carried out under part B (15 U.S.C. 694a et
seq.) of title IV of the Small Business Investment Act of 1958. The
study shall include--
(1) an assessment of whether the program's current funding framework and program fees are inhibiting the program's growth;
(2) an assessment of whether surety companies and small
business concerns could benefit from an alternative funding structure;
and
(e) REPORT--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to Congress a
report on the results of the study required under subsection (d).
(f) SUNSET- The amendments made by this section shall remain in effect until September 30, 2010.
SEC. 509. ESTABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY.
(a) PURPOSE- The purpose of this section is to provide the
Small Business Administration with the authority to establish a
Secondary Market Lending Authority within the SBA to make loans to the
systemically important SBA secondary market broker-dealers who operate
the SBA secondary market.
(b) DEFINITIONS- For purposes of this section:
(1) The term `Administrator' means the Administrator of the SBA.
(2) The term `SBA' means the Small Business Administration.
(3) The terms `Secondary Market Lending Authority' and `Authority' mean the office establishedunder subsection (c).
(4) The term `SBA secondary market' meansthe market for
the purchase and sale of loans originated, underwritten, and closed
under the Small Business Act.
(5) The term `Systemically Important Secondary Market
Broker-Dealers' mean those entities designated under subsection (c)(1)
as vital to the continued operation of the SBA secondary market by
reason of their purchase and sale of the government guaranteed portion
of loans, or pools of loans,originated, underwritten, and closed under
the Small Business Act.
(c) RESPONSIBILITIES, AUTHORITIES, ORGANIZATION, AND LIMITATIONS-
(1) DESIGNATION OF SYSTEMICALLY IMPORTANT SBA SECONDARY
MARKET BROKER-DEALERS- The Administrator shall establish a process to
designate, in consultation with the Board of Governors of the Federal
Reserve and the Secretary of the Treasury, Systemically Important
Secondary Market Broker-Dealers.
(2) ESTABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY-
(i) The Administrator shall establish within
the SBA an office to provide loans to Systemically Important Secondary
Market Broker-dealers to be used for the purpose of financing the
inventory of the government guaranteed portion of loans, originated,
underwritten, and closed under the Small Business Act or pools of such
loans.
(ii) The Administrator shall appoint a Director of the Authority who shall report to the Administrator.
(iii) The Administrator is authorized to hire such personnel as are necessary to operate the Authority.
(iv) The Administrator may contract such
Authority operations as he determines necessary to qualified
third-party companies or individuals.
(v) The Administrator is authorized to contract
with private sector fiduciary and custodial agents as necessary to
operate the Authority.
(i) The Administrator shall establish by rule a
process under which Systemically Important SBA Secondary Market
Broker-Dealers designated under paragraph (1) may apply to the
Administrator for loans under this section.
(ii) The rule under clause (i) shall provide a
process for the Administrator to consider and make decisions regarding
whether or not to extend a loan applied for under this section. Such
rule shall include provisions to assure each of the following:
(I) That loans made under this section are
for the sole purpose of financing the inventory of the govern ment
guaranteed portion of loans, originated, underwritten, and closed under
the Small Business Act or pools of such loans.
(II) That loans made under this section are fully collateralized to the satisfaction of the Administrator.
(III) That there is no limit to the
frequency in which a borrower may borrow under this section unless the
Administrator determines that doing so would create an undue risk of
loss to the agency or the United States.
(IV) That there is no limit on the size of a loan, subject to the discretion of the Administrator.
(iii) Interest on loans under this section
shall not exceed the Federal Funds target rate as established by the
Federal Reserve Board of Governors plus 25 basis points.
(iv) The rule under this section shall provide
for such loan documents, legal covenants, collateral requirements and
other required documentation as necessary to protect the interests of
the agency, the United States, and the taxpayer.
(v) The Administrator shall establish custodial
accounts to safeguard any collateral pledged to the SBA in connection
with a loan under this section.
(vi) The Administrator shall establish a process to disburse and receive funds to and from borrowers under this section.
(C) LIMITATIONS ON USE OF LOAN PROCEEDS BY SYSTEMICALLY
IMPORTANT SECONDARY MARKET BROKER-DEALERS- The Administrator shall
ensure that borrowers under this section are using funds provided under
this section only for the purpose specified in subparagraph (B)(ii)(I).
If the Administrator finds that such funds were used for any other
purpose, the Administrator shall--
(i) require immediate repayment of outstanding loans;
(ii) prohibit the borrower, its affiliates, or any
future corporate manifestation of the borrower from using the
Authority; and
(iii) take any other actions the Administrator, in
consultation with the Attorney General of the United States,
deemsappropriate.
(d) REPORT TO CONGRESS- The Administrator shall submit a
report to Congress not later than the third business day of each month
containing a statement of each of the following:
(1) The aggregate loan amounts extended during the preceding month under this section.
(2) The aggregate loan amounts repaid under this section during the proceeding month.
(3) The aggregate loan amount outstanding under this section.
(4) The aggregate value of assets held as collateral under this section;
(5) The amount of any defaults or delinquencies on loans made under this section.
(6) The identity of any borrower found by the Administrator to misuse funds made available under this section.
(7) Any other information the Administrator deems
necessary to fully inform Congress of undue risk of financial loss to
the United States in connection with loans made under this section.
(e) DURATION- The authority of this section shall remain in
effect for a period of 2 years after the date of enactment of this
section.
(f) FEES- The Administrator shall charge fees, up front,
annual, or both at a specified percentage of the loan amount that is at
such a rate that the cost of the program under the Federal Credit
Reform Act of 1990 ((title V of the Congressional Budget and
Impoundment Control Act of 1974; 2 U.S.C. 661) shall be equal to zero.
(h) BUDGET TREATMENT- Nothing in this section shall be
construed to exempt any activity of the Administrator under this
section from the Federal Credit Reform Act of 1990 (title V of the
Congressional Budget and Im poundment Control Act of 1974; 2 U.S.C. 661
and following).
(i) EMERGENCY RULEMAKING AUTHORITY- The Administrator shall
promulgate regulations under this section within 30 days after the date
of enactment of enactment of this section. In promulgating these
regulations,the Administrator the notice requirements of section 553(b)
of title 5 of the United States Code shall not apply.
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
Office of the Under Secretary for Management
For an additional amount for the `Office of the Under
Secretary for Management', $200,000,000 for planning, design,
construction costs, site security, information technology
infrastructure, fixtures, and related costs to consolidate the
Department of Homeland Security headquarters: Provided, 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',
$160,000,000, of which $100,000,000 shall be for the procurement and
deployment of non-intrusive inspection systems; and of which
$60,000,000 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', $100,000,000 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', $420,000,000
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',
$20,000,000 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 for procurement and installation of checked baggage
explosives detection systems and checkpoint explosives detection
equipment: Provided, That the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall prioritize the
award of these funds to accelerate the installations at locations with
completed design plans: 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.
Coast Guard
acquisition, construction, and improvements
For an additional amount for `Acquisition, Construction,
and Improvements', $98,000,000 for shore facilities and aids to
navigation facilities; for priority procurements due to materials and
labor cost increases; and for costs to repair, renovate, assess, or
improve vessels: 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.
alteration of bridges
For an additional amount for `Alteration of Bridges',
$142,000,000 for alteration or removal of obstructive bridges, as
authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 516): Provided, That the Coast Guard shall award these funds to those bridges that are ready to proceed to construction: 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.
Federal Emergency Management Agency
state and local programs
For an additional amount for grants, $300,000,000, to be allocated as follows:
(1) $150,000,000 for Public Transportation Security
Assistance and Railroad Security Assistance under sections 1406 and
1513 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53; 6 U.S.C. 1135 and 1163).
(2) $150,000,000 for Port Security Grants in accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c).
firefighter assistance grants
For an additional amount for competitive grants,
$210,000,000 for modifying, upgrading, or constructing non-Federal 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.
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 and Rita 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.
SEC. 603. Subparagraph (E) of section 34(a)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(a)(1)(E)) shall not apply with respect to funds appropriated in
this or any other Act making appropriations for fiscal year 2009 or
2010 for grants under such section 34.
SEC. 604. (a) REQUIREMENT- Except as provided in
subsections (c) through (g), funds appropriated or otherwise available
to the Department of Homeland Security may not be used for the
procurement of an item described in subsection (b) if the item is not
grown, reprocessed, reused, or produced in the United States.
(b) COVERED ITEMS- An item referred to in subsection (a) is
any of the following, if the item is directly related to the national
security interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components
thereof, other than sensors, electronics, or other items added to, and
not normally associated with, clothing (and the materials and
components thereof);
(B) tents, tarpaulins, covers, textile belts, bags,
protective equipment (including but not limited to body armor), sleep
systems, load carrying equipment (including but not limited to
fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric (including all textile
fibers and yarns that are for use in such fabrics), canvas products, or
wool (whether in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(c) AVAILABILITY EXCEPTION- Subsection (a) does not apply
to the extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any such article or
item described in subsection (b)(1) grown, reprocessed, reused, or
produced in the United States cannot be procured as and when needed at
United States market prices. This section is not applicable to covered
items that are, or include, materials determined to be non-available in
accordance with Federal Acquisition Regulation 25.104 Nonavailable
Articles.
(d) DE MINIMIS EXCEPTION- Notwithstanding subsection (a),
the Secretary of Homeland Security may accept delivery of an item
covered by subsection (b) that contains non-compliant fibers if the
total value of non-compliant fibers contained in the end item does not
exceed 10 percent of the total purchase price of the end item.
(e) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE UNITED STATES- Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(f) EXCEPTION FOR SMALL PURCHASES- Subsection (a) does not
apply to purchases for amounts not greater than the simplified
acquisition threshold referred to in section 2304(g) of title 10,
United States Code.
(g) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR
PROCUREMENT OF COMMERCIAL ITEMS- This section is applicable to
contracts and subcontracts for the procurement of commercial items not
withstanding section 34 of the Office of Federal Procurement Policy Act
(41 U.S.C. 430), with the exception of commercial items listed under
subsections (b)(1)(C) and (b)(1)(D) above. For the purposes of this
section, `commercial' shall be as defined in the Federal Acquisition
Regulation--Part 2.
(h) GEOGRAPHIC COVERAGE- In this section, the term `United States' includes the possessions of the United States.
(i) Notification Required Within 7 Days After Contract
Award if Certain Exceptions Applied- In the case of any contract for
the procurement of an item described in subsection (b)(1), if the
Secretary of Homeland Security applies an exception set forth in
subsection (c) with respect to that contract, the Secretary shall, not
later than 7 days after the award of the contract, post a notification
that the exception has been applied on the Internet site maintained by
the General Services Administration known as FedBizOps.gov (or any
successor site).
(j) Training During Fiscal Year 2009-
(1) In general- The Secretary of Homeland Security
shall ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2009 on the requirements of this
section and the regulations implementing this section.
(2) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS-
The Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date of the
enactment of this Act includes comprehensive information on the
requirements described in paragraph (1).
(k) CONSISTENCY WITH INTERNATIONAL AGREEMENTS- This section
shall be applied in a manner consistent with United States obligations
under international agreements.
(l) EFFECTIVE DATE- This section applies with respect to
contracts entered into by the Department of Homeland Security 180 days
after the date of the enactment of this Act.
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', for activities on all Bureau of Land Management lands
including maintenance, rehabilitation, and restoration of facilities,
property, trails and lands and for remediation of abandoned mines and
wells, $125,000,000.
construction
For an additional amount for `Construction', for activities
on all Bureau of Land Management lands including construction,
reconstruction, decommissioning and repair of roads, bridges, trails,
property, and facilities and for energy efficient retrofits of existing
facilities, $180,000,000.
wildland fire management
For an additional amount for `Wildland Fire Management', for hazardous fuels reduction, $15,000,000.
United States Fish and Wildlife Service
resource management
For an additional amount for `Resource Management', for
deferred maintenance, construction, and capital improvement projects on
national wildlife refuges and national fish hatcheries and for high
priority habitat restoration projects, $165,000,000.
construction
For an additional amount for `Construction', for
construction, reconstruction, and repair of roads, bridges, property,
and facilities and for energy efficient retrofits of existing
facilities, $115,000,000.
National Park Service
operation of the national park system
For an additional amount for `Operation of the National
Park System', for deferred maintenance of facilities and trails and for
other critical repair and rehabilitation projects, $146,000,000.
HISTORIC PRESERVATION FUND
For an additional amount for `Historic Preservation Fund',
for historic preservation projects at historically black colleges and
universities as authorized by the Historic Preservation Fund Act of
1996 and the Omnibus Parks and Public Lands Act of 1996, $15,000,000: Provided, That any matching requirements otherwise required for such projects are waived.
construction
For an additional amount for `Construction', for repair and
restoration of roads; construction of facilities, including energy
efficient retrofits of existing facilities; equipment replacement;
preservation and repair of historical resources within the National
Park System; cleanup of abandoned mine sites on park lands; and other
critical infrastructure projects, $589,000,000.
United States Geological Survey
surveys, investigations, and research
For an additional amount for `Surveys, Investigations, and
Research', $140,000,000, for repair, construction and restoration of
facilities; equipment replacement and upgrades including stream gages,
and seismic and volcano monitoring systems; national map activities;
and other critical deferred maintenance and improvement projects.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for `Operation of Indian
Programs', for workforce training programs and the housing improvement
program, $40,000,000.
construction
For an additional amount for `Construction', for repair and
restoration of roads; replacement school construction; school
improvements and repairs; and detention center maintenance and repairs,
$450,000,000: Provided, That section 1606 of this Act shall
not apply to tribal contracts entered into by the Bureau of Indian
Affairs with this appropriation.
indian guaranteed loan program account
For an additional amount for `Indian Guaranteed Loan Program Account', $10,000,000.
Office of Inspector General
salaries and expenses
For an additional amount for `Office of Inspector General', $15,000,000, to remain available until September 30, 2012.
ENVIROMENTAL PROTECTION AGENCY
Office of Inspector General
For an additional amount for `Office of Inspector General', $20,000,000, to remain available until September 30, 2012.
Hazardous Substance Superfund
For an additional amount for `Hazardous Substance
Superfund', $600,000,000, which shall be for the Superfund Remedial
program: Provided, That the Administrator of the
Environmental Protection Agency (Administrator) may retain up to 3
percent of the funds appropriated herein for management and oversight
purposes.
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for `Leaking Underground Storage
Tank Trust Fund Program', $200,000,000, which shall be for cleanup
activities authorized by section 9003(h) of the Solid Waste Disposal
Act: Provided, That none of these funds shall be subject to cost share requirements under section 9003(h)(7)(B) of such Act: Provided further, That the Administrator may retain up to 1.5 percent of the funds appropriated herein for management and oversight purposes.
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for `State and Tribal Assistance Grants', $6,400,000,000, which shall be allocated as follows:
(1) $4,000,000,000 shall be for capitalization grants
for the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act and $2,000,000,000 shall be for
capitalization grants under section 1452 of the Safe Drinking Water
Act: Provided, That the Administrator may retain up to 1 percent of the funds appropriated herein for management and oversight purposes: Provided further,
That funds appropriated herein shall not be subject to the matching or
cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the
Federal Water Pollution Control Act nor the matching requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further,
That the Administrator shall reallocate funds appropriated herein for
the Clean and Drinking Water State Revolving Funds (Revolving Funds)
where projects are not under contract or construction within 12 months
of the date of enactment of this Act: Provided further, That
notwithstanding the priority rankings they would otherwise receive
under each program, priority for funds appropriated herein shall be
given to projects on a State priority list that are ready to proceed to
construction within 12 months of the date of enactment of this Act: Provided further,
That notwithstanding the requirements of section 603(d) of the Federal
Water Pollution Control Act or section 1452(f) of the Safe Drinking
Water Act, for the funds appropriated herein, each State shall use not
less than 50 percent of the amount of its capitalization grants to
provide additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or any
combination of these: Provided further, That, to the extent
there are sufficient eligible project applications, not less than 20
percent of the funds appropriated herein for the Revolving Funds shall
be for projects to address green infrastructure, water or energy
efficiency improvements or other environmentally innovative activities:
Provided further, That notwithstanding the limitation on
amounts specified in section 518(c) of the Federal Water Pollution
Control Act, up to 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 up to 4 percent of the funds appropriated herein for tribal
set-asides under the Revolving Funds may be transferred to the Indian
Health Service to support management and oversight of tribal projects: Provided further,
That none of the funds appropriated herein shall be available for the
purchase of land or easements as authorized by section 603(c) of the
Federal Water Pollution Control Act or for activities authorized by
section 1452(k) of the Safe Drinking Water Act: Provided further,
That notwithstanding section 603(d)(2) of the Federal Water Pollution
Control Act and section 1452(f)(2) of the Safe Drinking Water Act,
funds may be used to buy, refinance or restructure the debt obligations
of eligible recipients only where such debt was incurred on or after
October 1, 2008;
(2) $100,000,000 shall be to carry out Brownfields
projects authorized by section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980: Provided, That the Administrator may reserve up to 3.5 percent of the funds appropriated herein for management and oversight purposes: Provided further,
That none of the funds appropriated herein shall be subject to cost
share requirements under section 104(k)(9)(B)(iii) of such Act; and
(3) $300,000,000 shall be for Diesel Emission Reduction
Act grants pursuant to title VII, subtitle G of the Energy Policy Act
of 2005: Provided, That the Administrator may reserve up to 2 percent of the funds appropriated herein for management and oversight purposes: Provided further,
That none of the funds appropriated herein for Diesel Emission
Reduction Act grants shall be subject to the State Grant and Loan
Program Matching Incentive provisions of section 793(c)(3) of such Act.
Administrative Provision, Environmental Protection Agency
(INCLUDING TRANSFERS OF FUNDS)
Funds made available to the Environmental Protection Agency
by this Act for management and oversight purposes shall remain
available until September 30, 2011, and may be transferred to the
`Environmental Programs and Management' account as needed.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for `Capital Improvement and
Maintenance', $650,000,000, for priority road, bridge and trail
maintenance and decommissioning, including related watershed
restoration and ecosystem enhancement projects; facilities improvement,
maintenance and renovation; 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',
$500,000,000, of which $250,000,000 is for hazardous fuels reduction,
forest health protection, rehabilitation and hazard mitigation
activities on Federal lands and of which $250,000,000 is for State and
private forestry activities including hazardous fuels reduction, forest
health and ecosystem improvement activities on State and private lands
using all authorities available to the Forest Service: Provided,
That up to $50,000,000 of the total funding may be used to make
wood-to-energy grants to promote increased utilization of biomass from
Federal, State and private lands: Provided further, That funds provided for activities on State and private lands shall not be subject to matching or cost share requirements.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for `Indian Health Services', for health information technology activities, $85,000,000: Provided,
That such funds 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',
for facilities construction projects, deferred maintenance and
improvement projects, the backlog of sanitation projects and the
purchase of equipment, $415,000,000, of which $227,000,000 is provided
within the health facilities construction activity for the completion
of up to two facilities from the current priority list for which work
has already been initiated: 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: Provided further, That section 1606 of this Act shall not apply to tribal contracts entered into by the Service with this appropriation.
OTHER RELATED AGENCIES
Smithsonian Institution
FACILITIES CAPITAL
For an additional amount for `Facilities Capital', for repair and revitalization of existing facilities, $25,000,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For an additional amount for `Grants and Administration',
$50,000,000, to be distributed in direct grants to fund arts projects
and activities which preserve jobs in the non-profit arts sector
threatened by declines in philanthropic and other support during the
current economic downturn: Provided, That 40 percent of such
funds shall be distributed to State arts agencies and regional arts
organizations in a manner similar to the agency's current practice and
60 percent of such funds shall be for competitively selected arts
projects and activities according to sections 2 and 5(c) of the
National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C.
951, 954(c)): Provided further, That matching requirements under section 5(e) of such Act shall be waived.
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 shall utilize, where practicable, the Public
Lands Corps, Youth Conservation Corps, Student Conservation
Association, Job Corps and other related partnerships with Federal,
State, local, tribal or non-profit groups that serve young adults.
SEC. 703. Each agency receiving funds under this title may
transfer up to 10 percent of the funds in any account to other
appropriation accounts within the agency, if the head of the agency (1)
determines that the transfer will enhance the efficiency or
effectiveness of the use of the funds without changing the intended
purpose; and (2) notifies the Committees on Appropriations of the House
of Representatives and the Senate 10 days prior to the transfer.
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 under the Workforce Investment Act of 1998
(`WIA'), $3,950,000,000, which shall be available for obligation on the
date of enactment of this Act, as follows:
(1) $500,000,000 for grants to the States for adult
employment and training activities, including supportive services and
needs-related payments described in section 134(e)(2) and (3) of the
WIA: Provided, 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 summer employment for youth
provided with such funds;
(3) $1,250,000,000 for grants to the States for dislocated worker employment and training activities;
(4) $200,000,000 for the dislocated workers assistance national reserve;
(5) $50,000,000 for YouthBuild activities: 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; and
(6) $750,000,000 for a program of competitive grants
for worker training and placement in high growth and emerging industry
sectors: Provided, That $500,000,000 shall be for research,
labor exchange and job training projects that prepare workers for
careers in energy efficiency and renewable energy as described in
section 171(e)(1)(B) of the WIA: Provided further, That in
awarding grants from those funds not designated in the preceding
proviso, the Secretary of Labor shall give priority to projects that
prepare workers for careers in the health care sector:
Provided, 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 or other eligible training provider 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' to carry out title V of the Older Americans Act of
1965, $120,000,000, which shall be available for obligation on the date
of enactment of this Act 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, and which shall be available for obligation on
the date of enactment of this Act: Provided, That such funds shall remain available to the States through September 30, 2010: Provided further,
That $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
salaries and expenses
(including transfer of funds)
For an additional amount for `Departmental Management',
$80,000,000, for the enforcement of worker protection laws and
regulations, oversight, and coordination activities related to the
infrastructure and unemployment insurance investments in this Act: Provided,
That the Secretary of Labor may transfer such sums as necessary to
`Employment and Standards Administration', `Employee Benefits Security
Administration', `Occupational Safety and Health Administration', and
`Employment and Training Administration--Program Administration' for
enforcement, oversight, and coordination activities: Provided further,
That prior to obligating any funds proposed to be transferred from this
account, the Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate an
operating plan describing the planned uses of each amount proposed to
be transferred.
office of job corps
For an additional amount for `Office of Job Corps',
$250,000,000, for construction, rehabilitation and acquisition of Job
Corps Centers, which shall be available upon the date of enactment of
this Act and remain available for obligation through June 30, 2010: Provided,
That section 1552(a) of title 31, United States Code shall not apply if
funds are used for a multi-year lease agreement that will result in
construction activities that can commence within 120 days of enactment
of this Act: Provided further, That notwithstanding section
3324(a) of title 31, United States Code, the funds used for an
agreement under the preceding proviso may be used for advance,
progress, and other payments: Provided further, That the
Secretary of Labor may transfer up to 15 percent of such funds to meet
the operational needs of such centers, which may include training for
careers in the energy efficiency, renewable energy, and environmental
protection industries: Provided further, That the Secretary
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate an operating plan describing the
allocation of funds, and a report on the actual obligations,
expenditures, and unobligated balances for each activity funded under
this heading not later than September 30, 2009 and quarterly thereafter
as long as funding provided under this heading is available for
obligation or expenditure.
office of inspector general
For an additional amount for the `Office of Inspector
General', $6,000,000, which shall remain available through September
30, 2012, for salaries and expenses necessary for oversight and audit
of programs, grants, and projects funded in this Act.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For an additional amount for `Health Resources and Services', $2,500,000,000 which shall be used as follows:
(1) $500,000,000 shall be for grants to health centers
authorized under section 330 of the Public Health Service Act (`PHS
Act');
(2) $1,500,000,000 shall be available for grants for
construction, renovation and equipment, and for the acquisition of
health information technology systems, for health centers including
health center controlled networks receiving operating grants under
section 330 of the PHS Act, notwithstanding the limitation in section
330(e)(3); and
(3) $500,000,000 to address health professions
workforce shortages, of which $75,000,000 for the National Health
Service Corps shall remain available through September 30, 2011: Provided,
That funds may be used to provide scholarships, loan repayment, and
grants to training programs for equipment as authorized in the PHS Act,
and grants authorized in sections 330L, 747, 767 and 768 of the PHS
Act: Provided further, That 20 percent of the funds allocated to the National Health Service Corps shall be used for field operations:
Provided, That up to 0.5 percent of funds provided in this paragraph may used for administration of such funds: Provided further,
That the Secretary shall provide to the Committees on Appropriations of
the House of Representatives and the Senate an operating plan detailing
activities to be supported and timelines for expenditure prior to
making any Federal obligations of funds provided in this paragraph but
not later than 90 days after the date of enactment of this Act: Provided further,
That the Secretary shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a report on the actual
obligations, expenditures, and unobligated balances for each activity
funded in this paragraph not later than November 1, 2009 and every 6
months thereafter as long as funding provided in this paragraph is
available for obligation or expenditure.
National Institutes of Health
national center for research resources
For an additional amount for `National Center for Research
Resources', $1,300,000,000, of which $1,000,000,000 shall be for grants
or contracts under section 481A of the Public Health Service Act to
construct, renovate or repair existing non-Federal research facilities:
Provided, That sections 481A(c)(1)(B)(ii), paragraphs (1),
(3), and (4) of section 481A(e), and section 481B of such Act shall not
apply to the use of such funds: Provided further, That the
references to `20 years' in subsections (c)(1)(B)(i) and (f) of section
481A of such Act are deemed to be references to `10 years' for purposes
of using such funds: Provided further, That the National
Center for Research Resources may also use $300,000,000 to provide,
under the authority of section 301 and title IV of such Act, shared
instrumentation and other capital research equipment to recipients of
grants and contracts under section 481A of such Act and other
appropriate entities: Provided further, That the Director of
the Center shall provide to the Committees on Appropriations of the
House of Representatives and the Senate an annual report indicating the
number of institutions receiving awards of a grant or contract under
section 481A of such Act, the proposed use of the funding, the average
award size, a list of grant or contract recipients, and the amount of
each award.
office of the director
(including transfer of funds)
For an additional amount for `Office of the Director', $8,200,000,000: Provided,
That $7,400,000,000 shall be transferred to the Institutes and Centers
of the National Institutes of Health (`NIH') 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 NIH: 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, or the
Global Fund for HIV/AIDS, Tuberculosis and Malaria: Provided further,
That the funds provided in this Act to the NIH shall not be subject to
the provisions of 15 U.S.C. 638(f)(1) and 15 U.S.C. 638(n)(1): Provided further, That $400,000,000 may be used to carry out section 215 of division G of Public Law 110-161.
buildings and facilities
For an additional amount for `Buildings and Facilities',
$500,000,000, 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 effectiveness research: Provided,
That of the amount appropriated in this paragraph, $400,000,000 shall
be transferred to the Office of the Director of the National Institutes
of Health (`Office of the Director') to conduct or support comparative
effectiveness research 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 effectiveness research to be allocated at the discretion of
the Secretary of Health and Human Services (`Secretary'): Provided,
That the funding appropriated in this paragraph shall be used to
accelerate the development and dissemination of research assessing the
comparative effectiveness of health care treatments and strategies,
through efforts that: (1) conduct, support, or synthesize research that
compares the clinical outcomes, effectiveness, and appropriateness of
items, services, and procedures that are used to prevent, diagnose, or
treat diseases, disorders, and other health conditions; and (2)
encourage the development and use of clinical registries, clinical data
networks, and other forms of electronic health data that can be used to
generate or obtain outcomes data: Provided further, That the
Secretary shall enter into a contract with the Institute of Medicine,
for which no more than $1,500,000 shall be made available from funds
provided in this paragraph, to produce and submit a report to the
Congress and the Secretary by not later than June 30, 2009, that
includes recommendations on the national priorities for comparative
effectiveness research to be conducted or supported with the funds
provided in this paragraph and that considers input from stakeholders: Provided further,
That the Secretary shall consider any recommendations of the Federal
Coordinating Council for Comparative Effectiveness Research established
by section 804 of this Act and any recommendations included in the
Institute of Medicine report pursuant to the preceding proviso in
designating activities to receive funds provided in this paragraph and
may make grants and contracts with appropriate entities, which may
include agencies within the Department of Health and Human Services and
other governmental agencies, as well as private sector entities, that
have demonstrated experience and capacity to achieve the goals of
comparative effectiveness research: 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
research conducted with funds appropriated under this paragraph shall
be consistent with Departmental policies relating to the inclusion of
women and minorities in 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: Provided further, That the Secretary, jointly with
the Directors of the Agency for Healthcare Research and Quality and the
National Institutes of Health, shall provide the Committees on
Appropriations of the House of Representatives and the Senate a fiscal
year 2009 operating plan for the funds appropriated under this heading
prior to making any Federal obligations of such funds in fiscal year
2009, but not later than July 30, 2009, and a fiscal year 2010
operating plan for such funds prior to making any Federal obligations
of such funds in fiscal year 2010, but not later than November 1, 2009,
that detail the type of research being conducted or supported,
including the priority conditions addressed; and specify the allocation
of resources within the Department of Health and Human Services: Provided further,
That the Secretary, jointly with the Directors of the Agency for
Healthcare Research and Quality and the National Institutes of Health,
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity funded under
this heading not later than November 1, 2009, and every 6 months
thereafter as long as funding provided under this heading is available
for obligation or expenditure.
Administration for Children and Families
payments to states for the child care and development block grant
For an additional amount for `Payments to States for the
Child Care and Development Block Grant', $2,000,000,000, which shall be
used to supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That, in
addition to the amounts required to be reserved by the States under
section 658G of the Child Care and Development Block Grant Act of 1990,
$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.
children and families services programs
For an additional amount for `Children and Families Services Programs', $3,150,000,000, which shall be used as follows:
(1) $1,000,000,000 for carrying out activities under the Head Start Act.
(2) $1,100,000,000 for expansion of Early Head Start programs, as described in section 645A of the Head Start Act: Provided,
That of the funds provided in this paragraph, 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.
(3) $1,000,000,000 for carrying out activities under
sections 674 through 679 of the Community Services Block Grant Act, of
which no part shall be subject to section 674(b)(3) of such Act: Provided,
That notwithstanding section 675C(a)(1) and 675C(b) of such Act, 1
percent of the funds made available to each State from this additional
amount shall be used for benefits enrollment coordination activities
relating to the identification and enrollment of eligible individuals
and families in Federal, State, and local benefit programs: Provided further,
That all funds remaining available to a State from this additional
amount after application of the previous proviso shall be distributed
to eligible entities as defined in section 673(1) of such Act: Provided further,
That for services furnished under such Act during fiscal years 2009 and
2010, States may apply the last sentence of section 673(2) of such Act
by substituting `200 percent' for `125 percent'.
(4) $50,000,000 for carrying out activities under section 1110 of the Social Security Act.
Administration on Aging
aging services programs
For an additional amount for `Aging Services Programs'
under subparts 1 and 2 of part C, of title III, and under title VI, of
the Older Americans Act of 1965, $100,000,000, of which $65,000,000
shall be for Congregate Nutrition Services, $32,000,000 shall be for
Home-Delivered Nutrition Services and $3,000,000 shall be for Nutrition
Services for Native Americans.
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', $2,000,000,000, to
carry out title XIII of this Act, to remain available until expended: Provided,
That of such amount, the Secretary of Health and Human Services shall
transfer $20,000,000 to the Director of the National Institute of
Standards and Technology in the Department of Commerce for continued
work on advancing health care information enterprise integration
through activities such as technical standards analysis and
establishment of conformance testing infrastructure, so long as such
activities are coordinated with the Office of the National Coordinator
for Health Information Technology: Provided further, That $300,000,000 is to support regional or sub-national efforts toward health information exchange: Provided further, That 0.25 percent of the funds provided in this paragraph may be used for administration of such funds: Provided further,
That funds available under this heading shall become available for
obligation only upon submission of an annual operating plan by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
fiscal year 2009 operating plan shall be provided not later than 90
days after enactment of this Act and that subsequent annual operating
plans shall be provided not later than November 1 of each year: Provided further,
That these operating plans shall describe how expenditures are aligned
with the specific objectives, milestones, and metrics of the Federal
Health Information Technology Strategic Plan, including any subsequent
updates to the Plan; the allocation of resources within the Department
of Health and Human Services and other Federal agencies; and the
identification of programs and activities that are supported: Provided further,
That the Secretary shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a report on the actual
obligations, expenditures, and unobligated balances for each major set
of activities not later than November 1, 2009, and every 6 months
thereafter as long as funding provided under this heading is available
for obligation or expenditure.
office of inspector general
For an additional amount for the `Office of Inspector
General', $17,000,000 which shall remain available until September 30,
2012.
public health and social services emergency fund
For an additional amount for `Public Health and Social
Services Emergency Fund' to improve information technology security at
the Department of Health and Human Services, $50,000,000.
prevention and wellness fund
(including transfer of funds)
For necessary expenses for a `Prevention and Wellness Fund'
to be administered through the Department of Health and Human Services,
Office of the Secretary, $1,000,000,000: Provided, That of
the amount provided in this paragraph, $300,000,000 shall be
transferred to the Centers for Disease Control and Prevention (`CDC')
as an additional amount to carry out the immunization program (`section
317 immunization program') authorized by section 317(a), (j), and
(k)(1) of the Public Health Service Act (`PHS Act'): Provided further,
That of the amount provided in this paragraph, $650,000,000 shall be to
carry out evidence-based clinical and community-based prevention and
wellness strategies authorized by the PHS Act, as determined by the
Secretary, that deliver specific, measurable health outcomes that
address chronic disease rates: Provided further, That funds
appropriated in the preceding proviso may be transferred to other
appropriation accounts of the Department of Health and Human Services,
as determined by the Secretary to be appropriate: Provided further,
That of the amount appropriated in this paragraph, $50,000,000 shall be
provided to States for an additional amount to carry out activities to
implement healthcare associated infections reduction strategies: Provided further,
That not more than 0.5 percent of funds made available in this
paragraph may be used for management and oversight expenses in the
office or division of the Department of Health and Human Services
administering the funds: Provided further, That the Secretary
shall, directly or through contracts with public or private entities,
provide for annual evaluations of programs carried out with funds
provided under this heading in order to determine the quality and
effectiveness of the programs: Provided further, That the
Secretary shall, not later than 1 year after the date of enactment of
this Act, submit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Energy and Commerce of
the House of Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report summarizing the annual
evaluations of programs from the preceding proviso: Provided further,
That the Secretary shall provide to the Committees on Appropriations of
the House of Representatives and the Senate an operating plan for the
Prevention and Wellness Fund prior to making any Federal obligations of
funds provided in this paragraph (excluding funds to carry out the
section 317 immunization program), but not later than 90 days after the
date of enactment of this Act, that indicates the prevention priorities
to be addressed; provides measurable goals for each prevention
priority; details the allocation of resources within the Department of
Health and Human Services; and identifies which programs or activities
are supported, including descriptions of any new programs or
activities: Provided further, That the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity funded under
this heading not later than November 1, 2009, and every 6 months
thereafter as long as funding provided under this heading is available
for obligation or expenditure.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For an additional amount for `Education for the
Disadvantaged' to carry out title I of the Elementary and Secondary
Education Act of 1965 (`ESEA'), $13,000,000,000: Provided, That $5,000,000,000 shall be available for targeted grants under section 1125 of the ESEA: Provided further, That $5,000,000,000 shall be available for education finance incentive grants under section 1125A of the ESEA: Provided further, That $3,000,000,000 shall be for school improvement grants under section 1003(g) of the ESEA: 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: Provided further, That each State educational agency shall report that information to the Secretary of Education by March 31, 2010.
Impact Aid
For an additional amount for `Impact Aid' to carry out
section 8007 of title VIII of the Elementary and Secondary Education
Act of 1965, $100,000,000, which shall be expended pursuant to the
requirements of section 805.
School Improvement Programs
For an additional amount for `School Improvement Programs'
to carry out subpart 1, part D of title II of the Elementary and
Secondary Education Act of 1965 (`ESEA'), and subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act, $720,000,000: Provided, That $650,000,000 shall be available for subpart 1, part D of title II of the ESEA: Provided further,
That the Secretary shall allot $70,000,000 for grants under
McKinney-Vento to each State in proportion to the number of homeless
students identified by the State during the 2007-2008 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.
Innovation and Improvement
For an additional amount for `Innovation and Improvement'
to carry out subpart 1, part D of title V of the Elementary and
Secondary Education Act of 1965 (`ESEA'), $200,000,000: Provided,
That these funds shall be expended as directed in the fifth, sixth, and
seventh provisos under the heading `Innovation and Improvement' in the
Department of Education Appropriations Act, 2008: Provided further,
That a portion of these funds shall also be used for a rigorous
national evaluation by the Institute of Education Sciences, utilizing
randomized controlled methodology to the extent feasible, that assesses
the impact of performance-based teacher and principal compensation
systems supported by the funds provided in this Act on teacher and
principal recruitment and retention in high-need schools and subjects: Provided further,
That the Secretary may reserve up to 1 percent of the amount made
available under this heading for management and oversight of the
activities supported with those funds.
Special Education
For an additional amount for `Special Education' for
carrying out parts B and C of the Individuals with Disabilities
Education Act (`IDEA'), $12,200,000,000, of which $11,300,000,000 shall
be available for section 611 of the IDEA: 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 total amount for each of sections 611(b)(2) and 643(b)(1) of
the IDEA, under this and all other Acts, for fiscal year 2009, whenever
enacted, shall be equal to the amounts respectively available for these
activities under these sections during fiscal year 2008 increased by
the amount of inflation as specified in section 619(d)(2)(B) of the
IDEA: Provided further, That $400,000,000 shall be available for section 619 of the IDEA and $500,000,000 shall be available for part C 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, $680,000,000: Provided, That $540,000,000 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: Provided further, That $140,000,000 shall be available for parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act: Provided further,
That $18,200,000 shall be for State Grants, $87,500,000 shall be for
independent living centers, and $34,300,000 shall be for services for
older blind individuals.
Student Financial Assistance
For an additional amount for `Student Financial Assistance'
to carry out subpart 1 of part A and part C of title IV of the Higher
Education Act of 1965 (`HEA'), $15,840,000,000, which shall remain
available through September 30, 2011: Provided, That $15,640,000,000 shall be available for subpart 1 of part A of title IV of the HEA: Provided further, That $200,000,000 shall be available for part C of title IV of the HEA.
The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.
Student Aid Administration
For an additional amount for `Student Aid Administration'
to carry out part D of title I, and subparts 1, 3, and 4 of part A, and
parts B, C, D, and E of title IV of the Higher Education Act of 1965,
$60,000,000.
Higher Education
For an additional amount for `Higher Education' to carry
out part A of title II of the Higher Education Act of 1965,
$100,000,000.
Institute of Education Sciences
For an additional amount for `Institute of Education
Sciences' to carry out section 208 of the Educational Technical
Assistance Act, $250,000,000, which may be used for Statewide data
systems that include postsecondary and workforce information, of which
up to $5,000,000 may be used for State data coordinators and for awards
to public or private organizations or agencies to improve data
coordination.
Departmental Management
office of the inspector general
For an additional amount for the `Office of the Inspector
General', $14,000,000, 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.
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: Provided,
That $89,000,000 of the funds made available in this paragraph shall be
used to make additional awards to existing AmeriCorps grantees and may
be used to provide adjustments to awards under subtitle C of title I of
the 1990 Act made prior to September 30, 2010 for which the Chief
Executive Officer of the Corporation for National and Community Service
(`CEO') determines that a waiver of the Federal share limitation is
warranted under section 2521.70 of title 45 of the Code of Federal
Regulations: Provided further, That 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, of which up to $800,000 may be used
to administer the funds provided in this paragraph: Provided further,
That of the amount provided 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 Inspector General
For an additional amount for the `Office of Inspector
General', $1,000,000, which shall remain available until September 30,
2012.
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, That the amount appropriated for or
transferred to the National Service Trust may be invested under section
145(b) of the 1990 Act without regard to the requirement to apportion
funds under 31 U.S.C. 1513(b).
Social Security Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Limitation on Administrative Expenses', $1,000,000,000 shall be available as follows:
(1) $500,000,000 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 and prior to the lease or purchase of such site: Provided further,
That the construction plan and site selection for such center shall be
subject to review and approval by the Office of Management and Budget: Provided further, That such center shall continue to be a government-operated facility; and
(2) $500,000,000 for processing disability and
retirement workloads, including information technology acquisitions and
research in support of such activities: Provided, That up to
$40,000,000 may be used by the Commissioner of Social Security for
health information technology research and activities to facilitate the
adoption of electronic medical records in disability claims, including
the transfer of funds to `Supplemental Security Income Program' to
carry out activities under section 1110 of the Social Security Act.
Office of Inspector General
For an additional amount for the `Office of Inspector
General', $2,000,000, 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.
GENERAL PROVISIONS--THIS TITLE
SEC. 801. (a) Up to 1 percent of the funds made available
to the Department of Labor in this title may be used for the
administration, management, and oversight of the programs, grants, and
activities funded by such appropriation, including the evaluation of
the use of such funds.
(b) Funds designated for these purposes may be available for obligation through September 30, 2010.
(c) Not later than 30 days after enactment of this Act, the
Secretary of Labor shall provide an operating plan describing the
proposed use of funds for the purposes described in (a).
Sec. 802. 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, 2010, and not later
than April 15, 2010, 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) the Bureau of
the Census of the Department of Commerce shall include and separately
report on American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the Virgin Islands in its County Business Patterns
data with the same regularity and to the same extent as each Bureau
collects and reports such data for the 50 States. In the event that the
inclusion of American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the Virgin Islands in such surveys and data
compilations requires time to structure and implement, the Bureau of
the Census shall in the interim annually report the best available data
that can feasibly be secured with respect to such territories. Such
interim report shall describe the steps the Bureau will take to improve
future data collection in the territories to achieve comparability with
the data collected in the United States. 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. 803. 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;'.
SEC. 804. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE
EFFECTIVENESS RESEARCH. (a) ESTABLISHMENT- There is hereby established
a Federal Coordinating Council for Comparative Effectiveness Research
(in this section referred to as the `Council').
(b) PURPOSE- The Council shall foster optimum coordination
of comparative effectiveness and related health services research
conducted or supported by relevant Federal departments and agencies,
with the goal of reducing duplicative efforts and encouraging
coordinated and complementary use of resources.
(c) DUTIES- The Council shall--
(1) assist the offices and agencies of the Federal
Government, including the Departments of Health and Human Services,
Veterans Affairs, and Defense, and other Federal departments or
agencies, to coordinate the conduct or support of comparative
effectiveness and related health services research; and
(2) advise the President and Congress on--
(A) strategies with respect to the infrastructure
needs of comparative effectiveness research within the Federal
Government; and
(B) organizational expenditures for comparative effectiveness research by relevant Federal departments and agencies.
(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.
(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.
(1) INITIAL REPORT- Not later than June 30, 2009, the
Council shall submit to the President and the Congress a report
containing information describing current Federal activities on
comparative effectiveness research and recommendations for such
research conducted or supported from funds made available for allotment
by the Secretary for comparative effectiveness research in this Act.
(2) ANNUAL REPORT- The Council shall submit to the
President and Congress an annual report regarding its activities and
recommendations concerning the infrastructure needs, organizational
expenditures and opportunities for better coordination of comparative
effectiveness research by relevant Federal departments and agencies.
(f) STAFFING; SUPPORT- From funds made available for
allotment by the Secretary for comparative effectiveness research in
this Act, the Secretary shall make available not more than 1 percent to
the Council for staff and administrative support.
(g) RULES OF CONSTRUCTION-
(1) COVERAGE- Nothing in this section shall be
construed to permit the Council to mandate coverage, reimbursement, or
other policies for any public or private payer.
(2) REPORTS AND RECOMMENDATIONS- None of the reports
submitted under this section or recommendations made by the Council
shall be construed as mandates or clinical guidelines for payment,
coverage, or treatment.
SEC. 805. GRANTS FOR IMPACT AID CONSTRUCTION. (a)
RESERVATION FOR MANAGEMENT AND OVERSIGHT- From the funds appropriated
to carry out this section, the Secretary may reserve up to 1 percent
for management and oversight of the activities carried out with those
funds.
(b) CONSTRUCTION PAYMENTS-
(1) FORMULA GRANTS- (A) IN GENERAL- From 40 percent of
the amount not reserved under subsection (a), the Secretary shall make
payments in accordance with section 8007(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7707(a)), except that the
amount of such payments shall be determined in accordance with
subparagraph (B).
(B) AMOUNT OF PAYMENTS- The Secretary shall make a
payment to each local educational agency eligible for a payment under
section 8007(a) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707(a)) in an amount that bears the same relationship to
the funds made available under subparagraph (A) as the number of
children determined under subparagraphs (B), (C), and (D)(i) of section
8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)(1)(B), (C), and (D)(i)) who were in average daily
attendance in the local educational agency for the most recent year for
which such information is available bears to the number of such
children in all the local educational agencies eligible for a payment
under section 8007(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7707(a)).
(2) COMPETITIVE GRANTS- From 60 percent of the amount not reserved under subsection (a), the Secretary--
(A) shall award emergency grants in accordance with
section 8007(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707(b)) to eligible local educational agencies to enable
the agencies to carry out emergency repairs of school facilities; and
(B) may award modernization grants in accordance
with section 8007(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7707(b)) to eligible local educational agencies to
enable the agencies to carry out the modernization of school facilities.
(3) PROVISIONS NOT TO APPLY- Paragraphs (2), (3), (4),
(5)(A)(i), and (5)(A)(vi) of section 8007(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7707(b)(2), (3), (4),
(5)(A)(i), and (5)(A)(vi)) shall not apply to grants made under
paragraph (2).
(4) ELIGIBILITY- A local educational agency is eligible
to receive a grant under paragraph (2) if the local educational agency--
(A) was eligible to receive a payment under section
8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702 and 7703) for fiscal year 2008; and
(i) a total taxable assessed value of real property that may be taxed for school purposes of less than $100,000,000; or
(ii) an assessed value of real property per
student that may be taxed for school purposes that is less than the
average of the assessed value of real property per student that may be
taxed for school purposes in the State in which the local educational
agency is located.
(5) CRITERIA FOR GRANTS- In awarding grants under paragraph (2), the Secretary shall consider the following criteria:
(A) Whether the facility poses a health or safety
threat to students and school personnel, including noncompliance with
building codes and inaccessibility for persons with disabilities, or
whether the existing building capacity meets the needs of the current
enrollment and supports the provision of comprehensive educational
services to meet current standards in the State in which the local
educational agency is located.
(B) The extent to which the new design and proposed construction utilize energy efficient and recyclable materials.
(C) The extent to which the new design and proposed
construction utilizes non-traditional or alternative building methods
to expedite construction and project completion and maximize cost
efficiency.
(D) The feasibility of project completion within 24 months from award.
(E) The availability of other resources for the proposed project.
SEC. 806. MANDATORY PELL GRANTS. Section 401(b)(9)(A) of
the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)(A)) is amended--
(1) in clause (ii), by striking `$2,090,000,000' and inserting `$2,733,000,000'; and
(2) in clause (iii), by striking `$3,030,000,000' and inserting `$3,861,000,000'.
SEC. 807. (a) IN GENERAL- Notwithstanding any other
provision of law, and in order to begin expenditures and activities
under this Act as quickly as possible consistent with prudent
management, the Secretary of Education may--
(1) award fiscal year 2009 funds to States and local
educational agencies on the basis of eligibility determinations made
for the award of fiscal year 2008 funds; and
(2) require States to make prompt allocations to local educational agencies.
(b) INTEREST NOT TO ACCRUE- Notwithstanding sections 3335
and 6503 of title 31, United States Code, or any other provision of
law, the United States shall not be liable to any State or other entity
for any interest or fee with respect to any funds under this Act that
are allocated by the Secretary of Education to the State or other
entity within 30 days of the date on which they are available for
obligation.
TITLE IX--LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for `Salaries and Expenses' of the
Government Accountability Office, $25,000,000, 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 States and localities of funds made available in this Act.
Such reports, along with any audits conducted by the Comptroller
General of such funds, shall be posted on the Internet and linked to
the website 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 and use by any Federal,
State, or local government agency of funds made available in this Act.
Sec. 902. Access of Government Accountability Office. (a)
ACCESS- 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 officer or employee of the
contractor or any of its subcontractors, or of any State or local
government agency administering the contract, regarding such
transactions.
(b) RELATIONSHIP TO EXISTING AUTHORITY- Nothing in this
section shall be interpreted to limit or restrict in any way any
existing authority of the Comptroller General.
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for `Military Construction, Army', $180,000,000, 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 of the amount provided under this
heading, $80,000,000 shall be for child development centers, and
$100,000,000 shall be for warrior transition complexes: Provided further,
That not later than 30 days after the date of enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.
Military Construction, Navy and Marine Corps
For an additional amount for `Military Construction, Navy
and Marine Corps', $280,000,000, 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 of the
amount provided under this heading, $100,000,000 shall be for troop
housing, $80,000,000 shall be for child development centers, and
$100,000,000 shall be for energy conservation and alternative energy
projects: Provided further, That not later than 30 days after
the date of enactment of this Act, the Secretary of Defense shall
submit to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this heading.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force', $180,000,000, 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 of the amount provided under this
heading, $100,000,000 shall be for troop housing and $80,000,000 shall
be for child development centers: Provided further, That not
later than 30 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this heading.
Military Construction, Defense-Wide
For an additional amount for `Military Construction,
Defense-Wide', $1,450,000,000, 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 of the
amount provided under this heading, $1,330,000,000 shall be for the
construction of hospitals and $120,000,000 shall be for the Energy
Conservation Investment Program: Provided further, That not
later than 30 days after the date of enactment of this Act, the
Secretary of Defense shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this heading.
Military Construction, Army National Guard
For an additional amount for `Military Construction, Army
National Guard', $50,000,000, 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 not later
than 30 days after the date of enactment of this Act, the Secretary of
Defense, in consultation with 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.
Military Construction, Air National Guard
For an additional amount for `Military Construction, Air
National Guard', $50,000,000, 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 not later
than 30 days after the date of enactment of this Act, the Secretary of
Defense, in consultation with 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.
Family Housing Construction, Army
For an additional amount for `Family Housing Construction, Army', $34,507,000, 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 Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.
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 maintenance and repair 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 Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.
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 maintenance and repair 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),
$555,000,000, to remain available until expended: Provided,
That the Secretary of Defense shall submit quarterly reports to the
Committees on Appropriations of both Houses of Congress on the
expenditure of funds made available under this heading in this or any
other Act.
Administrative Provision
Sec. 1001. (a) Temporary Expansion of Homeowners Assistance
Program 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--
(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; 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
performance of his or her duties during a forward deployment occurring
on or after September 11, 2001, 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 or in the performance of his or her duties during a
deployment on or after September 11, 2001, 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)';
(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--
(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
(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 determined by the Secretary of Defense) at the time of sale; 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 determined by the Secretary of Defense) at the time of sale; 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)';
(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)';
(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 facilities
For an additional amount for `Medical Facilities' for
non-recurring maintenance, including energy projects, $1,000,000,000,
to remain available until September 30, 2010: Provided, That
not later than 30 days after the date of enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.
National Cemetery Administration
For an additional amount for `National Cemetery
Administration' for monument and memorial repairs, including energy
projects, $50,000,000, to remain available until September 30, 2010: Provided,
That not later than 30 days after the date of enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.
Departmental Administration
general operating expenses
For an additional amount for `General Operating Expenses',
$150,000,000, to remain available until September 30, 2010, for
additional expenses related to hiring and training temporary surge
claims processors.
information technology systems
For an additional amount for `Information Technology
Systems', $50,000,000, to remain available until September 30, 2010,
for the Veterans Benefits Administration: Provided, That not
later than 30 days after the 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.
office of inspector general
For an additional amount for `Office of Inspector General',
$1,000,000, to remain available until September 30, 2011, for oversight
and audit of programs, grants and projects funded under this title.
grants for construction of state extended care facilities
For an additional amount for `Grants for Construction of
State Extended Care Facilities', $150,000,000, 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.
(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.
(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--
(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.
(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.
(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.
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 for passport and
training functions, $90,000,000: 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 agencies, 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, passport agencies with other
Federal facilities.
capital investment fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for `Capital Investment Fund',
$290,000,000, for information technology security and upgrades to
support mission-critical operations, of which up to $38,000,000 shall
be transferred to, and merged with, funds made available under the
heading `Capital Investment Fund' of the United States Agency for
International Development: 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, and 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, $2,000,000.
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, $220,000,000: Provided, That up to $2,000,000
may be transferred to, and merged with, funds available under the
heading `International Boundary and Water Commission, United States and
Mexico--Salaries and Expenses': 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.
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, $1,500,000,000, to remain available
through 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 or
transit agencies 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 and administrative 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 $300,000,000: Provided further,
That the Secretary may waive the minimum grant size cited in the
preceding proviso for the purpose of funding significant projects in
smaller cities, regions, or States: Provided further, That not more than 20 percent of the funds made available under this paragraph may be awarded to projects in a single State: 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 a
contribution 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 90 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 the publication of such
criteria, and announce all projects selected to be funded from such
funds not later than 1 year after enactment of this 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 the Secretary
may retain up to $1,500,000 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, to remain
available through September 30, 2010: 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.
GRANTS-IN-AID FOR AIRPORTS
For an additional amount for `Grants-In-Aid for Airports',
to enable the Secretary of Transportation to make grants for
discretionary projects as authorized by subchapter 1 of chapter 471 and
subchapter 1 of chapter 475 of title 49, United States Code, and for
the procurement, installation and commissioning of runway incursion
prevention devices and systems at airports of such title,
$1,100,000,000, to remain available through September 30, 2010: Provided,
That such funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471: Provided further,
That the Secretary shall distribute funds provided under this heading
as discretionary grants to airports, with priority given to those
projects that demonstrate to his 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 Secretary shall award grants totaling not less than 50 percent
of the funds made available under this heading within 120 days of
enactment of this Act, and award grants for the remaining amounts not
later than 1 year after enactment of this Act: 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 the
Administrator of the Federal Aviation Administration may retain up to
0.2 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
HIGHWAY INFRASTRUCTURE 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, and for passenger and
freight rail transportation and port infrastructure projects eligible
for assistance under subsection 601(a)(8) of such title,
$27,500,000,000, to remain available through September 30, 2010: Provided,
That, after making the set-asides required under this heading, 50
percent of the funds made available under this heading shall be
apportioned to States using the formula set forth in section 104(b)(3)
of title 23, United States Code, and the remaining funds shall be
apportioned to States in the same ratio as the obligation limitation
for fiscal year 2008 was distributed among the States in accordance
with the formula specified in section 120(a)(6) of division K of Public
Law 110-161: Provided further, That funds made available
under this heading shall be apportioned not later than 21 days after
the date of enactment of this Act: Provided further, That in
selecting projects to be carried out with funds apportioned under this
heading, priority shall be given to projects that are projected for
completion within a 3-year time frame, and are located in economically
distressed areas as defined by section 301 of the Public Works and
Economic Development Act of 1965, as amended (42 U.S.C. 3161): Provided further,
That 120 days following the date of such apportionment, the Secretary
of Transportation shall withdraw from each State an amount equal to 50
percent of the funds awarded to that State (excluding funds
suballocated within the State) less the amount of funding obligated
(excluding funds suballocated within the State), 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 the Secretary shall redistribute such
amounts to States that have had no funds withdrawn under this proviso
(excluding funds suballocated within the State) in the manner described
in section 120(c) of division K of Public Law 110-161: Provided further,
That at the request of a State, the Secretary of Transportation may
provide an extension of such 1-year period only to the extent that he
feels satisfied that the State has encountered extreme conditions that
create an unworkable bidding environment or other extenuating
circumstances: Provided further, That before granting such an
extension, the Secretary shall send a letter to the House and Senate
Committees on Appropriations that provides a thorough justification for
the extension: Provided further, That 3 percent of the funds
apportioned to a State under this heading shall be set aside for the
purposes described in subsection 133(d)(2) of title 23, United States
Code (without regard to the comparison to fiscal year 2005): Provided further,
That 30 percent of the funds apportioned to a State under this heading
shall be suballocated within the State in the manner and for the
purposes described in the first sentence of subsection 133(d)(3)(A), in
subsection 133(d)(3)(B), and in subsection 133(d)(3)(D): Provided further, That such suballocation shall be conducted in every State: Provided further,
That funds suballocated within a State to urbanized areas and other
areas shall not be subject to the redistribution of amounts required
120 days following the date of apportionment of funds provided under
this heading: Provided further, That of the funds provided
under this heading, $105,000,000 shall be for the Puerto Rico highway
program authorized under section 165 of title 23, United States Code,
and $45,000,000 shall be for the territorial highway program authorized
under section 215 of title 23, United States Code: Provided further,
That of the funds provided under this heading, $60,000,000 shall be for
capital expenditures eligible under section 147 of title 23, United
States Code (without regard to subsection(d)): Provided further,
That the Secretary of Transportation shall distribute such $60,000,000
as competitive discretionary grants to States, with priority given to
those projects that demonstrate to his satisfaction their ability to be
completed within 2 years of enactment of this Act: Provided further,
That of the funds provided under this heading, $550,000,000 shall be
for investments in transportation at Indian reservations and Federal
lands: Provided further, That of the funds identified in the
preceding proviso, $310,000,000 shall be for the Indian Reservation
Roads program, $170,000,000 shall be for the Park Roads and Parkways
program, $60,000,000 shall be for the Forest Highway Program, and
$10,000,000 shall be for the Refuge Roads program: Provided further,
That for investments at Indian reservations and Federal lands, priority
shall be given to capital investments, and to projects and activities
that can be completed within 2 years of enactment of this Act: Provided further,
That 1 year following the enactment of this Act, to ensure the prompt
use of the $550,000,000 provided for investments at Indian reservations
and Federal lands, the Secretary shall have the authority to
redistribute unobligated funds within the respective program for which
the funds were appropriated: Provided further, That up to 4
percent of the funding provided for Indian Reservation Roads may be
used by the Secretary of the Interior for program management and
oversight and project-related administrative expenses: Provided further, That section 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply to funds provided under this heading: Provided further,
That of the funds made available under this heading, $20,000,000 shall
be for highway surface transportation and technology training under
section 140(b) of title 23, United States Code, and $20,000,000 shall
be for disadvantaged business enterprises bonding assistance under
section 332(e) of title 49, United States Code: Provided further,
That funds made available under this heading shall be administered as
if apportioned under chapter 1 of title 23, United States Code, except
for funds made available for investments in transportation at Indian
reservations and Federal lands, and for the territorial highway
program, which shall be administered in accordance with chapter 2 of
title 23, United States Code, and except for funds made available for
disadvantaged business enterprises bonding assistance, which shall be
administered in accordance with chapter 3 of title 49, United States
Code: Provided further, That the Federal share payable on
account of any project or activity carried out with funds made
available under this heading shall be, at the option of the recipient,
up to 100 percent of the total cost thereof: Provided further,
That funds made available by this Act shall not be obligated for the
purposes authorized under section 115(b) of title 23, United States
Code: Provided further, That funding provided under this
heading shall be in addition to any and all funds provided for fiscal
years 2009 and 2010 in any other Act for `Federal-aid Highways' and
shall not affect the distribution of funds provided for `Federal-aid
Highways' in any other Act: Provided further, That the amount
made available under this heading shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act: Provided further, That section 1101(b) of Public Law 109-59 shall apply to funds apportioned under this heading: Provided further,
That the Administrator of the Federal Highway Administration may retain
up to $40,000,000 of the funds provided under this heading to fund the
oversight by the Administrator of projects and activities carried out
with funds made available to the Federal Highway Administration in this
Act, and such funds shall be available through September 30, 2012.
Federal Railroad Administration
CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY PASSENGER RAIL SERVICE
For an additional amount for section 501 of Public Law
110-432 and 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, subsection (b) of section 24105 of such
title, $8,000,000,000, to remain available through September 30, 2012: Provided,
That the Secretary of Transportation shall give priority to projects
that support the development of intercity high speed rail service: Provided further,
That within 60 days of the enactment of this Act, the Secretary shall
submit to the House and Senate Committees on Appropriations a strategic
plan that describes how the Secretary will use the funding provided
under this heading to improve and deploy high speed passenger rail
systems: Provided further, That within 120 days of enactment
of this Act, the Secretary shall issue interim guidance to applicants
covering grant terms, conditions, and procedures until final
regulations are issued: Provided further, That such interim
guidance shall provide separate instructions for the high speed rail
corridor program, capital assistance for intercity passenger rail
service grants, and congestion grants: Provided further, That
the Secretary shall waive the requirement that a project conducted
using funds provided under this heading be in a State rail plan
developed under chapter 227 of title 49, United States Code: Provided further,
That the Federal share payable of the costs for which a grant is made
under this heading shall be, at the option of the recipient, up to 100
percent: Provided further, That 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 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 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, and funds retained for said purposes shall
remain available through September 30, 2014.
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional amount for the National Railroad
Passenger Corporation (Amtrak) to enable the Secretary of
Transportation to make capital grants to Amtrak as authorized by
section 101(c) of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432), $1,300,000,000, to remain available through
September 30, 2010, of which $450,000,000 shall be used for capital
security grants: Provided, That priority for the use of
non-security funds shall be given to projects for the repair,
rehabilitation, or upgrade of railroad assets or infrastructure, and
for capital projects that expand passenger rail capacity including the
rehabilitation of rolling stock: Provided further, That none of the funds under this heading shall be used to subsidize the operating losses of Amtrak: Provided further, That funds provided under this heading shall be awarded not later than 30 days after the date of enactment of this Act: Provided further,
That the Secretary 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 the Secretary shall
certify to the House and Senate Committees on Appropriations in writing
compliance with the preceding proviso: Provided further, That
not more than 60 percent of the funds provided for non-security
activities under this heading may be used for capital projects along
the Northeast Corridor: Provided further, That of the funding
provided under this heading, $5,000,000 shall be made available for the
Amtrak Office of Inspector General and made available through September
30, 2013.
Federal Transit Administration
TRANSIT CAPITAL ASSISTANCE
For an additional amount for transit capital assistance
grants authorized under section 5302(a)(1) of title 49, United States
Code, $6,900,000,000, to remain available through September 30, 2010: Provided,
That the Secretary of Transportation shall provide 80 percent of the
funds appropriated under this heading for grants under section 5307 of
title 49, United States Code, and apportion such funds in accordance
with section 5336 of such title (other than subsections (i)(1) and
(j)): Provided further, That the Secretary shall apportion 10
percent of the funds appropriated under this heading in accordance with
section 5340 of such title: Provided further, That the
Secretary shall provide 10 percent of the funds appropriated under this
heading for grants under section 5311 of title 49, United States Code,
and apportion such funds in accordance with such section: Provided further, That funds apportioned under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further,
That 180 days following the date of such apportionment, the Secretary
shall withdraw from each urbanized area or State an amount equal to 50
percent of the funds apportioned to such urbanized areas or States less
the amount of funding obligated, and the Secretary shall redistribute
such amounts to other urbanized areas or States that have had no funds
withdrawn under this proviso utilizing whatever method he deems
appropriate to ensure that all funds redistributed under this proviso
shall be utilized promptly: Provided further, That 1 year
following the date of such apportionment, the Secretary shall withdraw
from each urbanized area or State any unobligated funds, and the
Secretary shall redistribute such amounts to other urbanized areas or
States that have had no funds withdrawn under this proviso utilizing
whatever method he deems appropriate to ensure that all funds
redistributed under this proviso shall be utilized promptly: Provided further,
That at the request of an urbanized area or State, the Secretary of
Transportation may provide an extension of such 1-year period if he
feels satisfied that the urbanized area or State has encountered an
unworkable bidding environment or other extenuating circumstances: Provided further,
That before granting such an extension, the Secretary shall send a
letter to the House and Senate Committees on Appropriations that
provides a thorough justification for the extension: Provided further,
That of the funds provided for section 5311 of title 49, United States
Code, 2.5 percent shall be made available for section 5311(c)(1): Provided further,
That of the funding provided under this heading, $100,000,000 shall be
distributed as discretionary grants to public transit agencies for
capital investments that will assist in reducing the energy consumption
or greenhouse gas emissions of their public transportation systems: Provided further,
That for such grants on energy-related investments, priority shall be
given to projects based on the total energy savings that are projected
to result from the investment, and projected energy savings as a
percentage of the total energy usage of the public transit agency: Provided further,
That applicable chapter 53 requirements shall apply to funding provided
under this heading, except that the Federal share of the costs for
which any grant is made under this heading shall be, at the option of
the recipient, up to 100 percent: Provided further, That the
amount made available under this heading shall not be subject to any
limitation on obligations for transit programs set forth in any Act: Provided further, That section 1101(b) of Public Law 109-59 shall apply to funds appropriated under this heading: Provided further, That the funds appropriated under this heading shall not be comingled with any prior year funds: Provided further,
That notwithstanding any other provision of law, three-quarters of 1
percent of the funds provided for grants under section 5307 and section
5340, and one-half of 1 percent of the funds provided for grants under
section 5311, shall be available for administrative expenses and
program management oversight, and such funds shall be available through
September 30, 2012.
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under
section 5309(b)(2) of title 49, United States Code, $750,000,000, to
remain available through September 30, 2010: Provided, That
the Secretary of Transportation shall apportion funds under this
heading pursuant to the formula set forth in section 5337 of title 49,
United States Code: Provided further, That the funds appropriated under this heading shall not be commingled with any prior year funds: Provided further,
That funds made available under this heading shall be apportioned not
later than 21 days after the date of enactment of this Act: Provided further,
That 180 days following the date of such apportionment, the Secretary
shall withdraw from each urbanized area an amount equal to 50 percent
of the funds apportioned to such urbanized area less the amount of
funding obligated, and the Secretary shall redistribute such amounts to
other urbanized areas that have had no funds withdrawn under this
proviso utilizing whatever method he or she deems appropriate to ensure
that all funds redistributed under this proviso shall be utilized
promptly: Provided further, That 1 year following the date of
such apportionment, the Secretary shall withdraw from each urbanized
area any unobligated funds, and the Secretary shall redistribute such
amounts to other urbanized areas that have had no funds withdrawn under
this proviso utilizing whatever method he or she deems appropriate to
ensure that all funds redistributed under this proviso shall be
utilized promptly: Provided further, That at the request of
an urbanized area, the Secretary of Transportation may provide an
extension of such 1-year period if he or she feels satisfied that the
urbanized area has encountered an unworkable bidding environment or
other extenuating circumstances: Provided further, That
before granting such an extension, the Secretary shall send a letter to
the House and Senate Committees on Appropriations that provides a
thorough justification for the extension: Provided further,
That applicable chapter 53 requirements shall apply except that the
Federal share of the costs for which a grant is made under this heading
shall be, at the option of the recipient, up to 100 percent: Provided further, That the provisions of section 1101(b) of Public Law 109-59 shall apply to funds made available under this heading: Provided further,
That notwithstanding any other provision of law, up to 1 percent of the
funds under this heading shall be available for administrative expenses
and program management oversight and shall remain available for
obligation until September 30, 2012.
CAPITAL INVESTMENT GRANTS
For an additional amount for `Capital Investment Grants',
as authorized under section 5338(c)(4) of title 49, United States Code,
and allocated under section 5309(m)(2)(A) of such title, to enable the
Secretary of Transportation to make discretionary grants as authorized
by section 5309(d) and (e) of such title, $750,000,000, to remain
available through September 30, 2010: Provided, That such amount shall be allocated without regard to the limitation under section 5309(m)(2)(A)(i): Provided further,
That in selecting projects to be funded, priority shall be given to
projects that are currently in construction or are able to obligate
funds within 150 days of enactment of this Act: Provided further, That the provisions of section 1101(b) of Public Law 109-59 shall apply to funds made available under this heading: Provided further, That funds appropriated under this heading shall not be commingled with any prior year funds: Provided further,
That applicable chapter 53 requirements shall apply, except that
notwithstanding any other provision of law, up to 1 percent of the
funds provided under this heading shall be available for administrative
expenses and program management oversight, and shall remain available
through September 30, 2012.
Maritime Administration
SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL SHIPYARDS
To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title 46, United
States Code, $100,000,000, to remain available through September 30,
2010: 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, $20,000,000, to remain
available through September 30, 2013: 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: 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. (a) MAINTENANCE OF EFFORT- Not later than 30
days after the date of enactment of this Act, for each amount that is
distributed to a State or agency thereof from an appropriation in this
Act for a covered program, the Governor of the State shall certify to
the Secretary of Transportation that the State will maintain its effort
with regard to State funding for the types of projects that are funded
by the appropriation. As part of this certification, the Governor shall
submit to the Secretary of Transportation a statement identifying the
amount of funds the State planned to expend from State sources as of
the date of enactment of this Act during the period beginning on the
date of enactment of this Act through September 30, 2010, for the types
of projects that are funded by the appropriation.
(b) FAILURE TO MAINTAIN EFFORT-
If a State is unable to maintain the level of effort
certified pursuant to subsection (a), the State will be prohibited by
the Secretary of Transportation from receiving additional limitation
pursuant to the redistribution of the limitation on obligations for
Federal-aid highway and highway safety construction programs that
occurs after August 1 for fiscal year 2011.
(1) IN GENERAL- Notwithstanding any other provision of
law, each grant recipient shall submit to the covered agency from which
they received funding periodic reports on the use of the funds
appropriated in this Act for covered programs. Such reports shall be
collected and compiled by the covered agency and transmitted to
Congress. Covered agencies may develop such reports on behalf of grant
recipients to ensure the accuracy and consistency of such reports.
(2) CONTENTS OF REPORTS- For amounts received under
each covered program by a grant recipient under this Act, the grant
recipient shall include in the periodic reports information tracking-
(A) the amount of Federal funds appropriated, allocated, obligated, and outlayed under the appropriation;
(B) the number of projects that have been put out
to bid under the appropriation and the amount of Federal funds
associated with such projects;
(C) the number of projects for which contracts have
been awarded under the appropriation and the amount of Federal funds
associated with such contracts;
(D) the number of projects for which work has begun
under such contracts and the amount of Federal funds associated with
such contracts;
(E) the number of projects for which work has been
completed under such contracts and the amount of Federal funds
associated with such contracts;
(F) the number of direct, on-project jobs created
or sustained by the Federal funds provided for projects under the
appropriation and, to the extent possible, the estimated indirect jobs
created or sustained in the associated supplying industries, including
the number of job-years created and the total increase in employment
since the date of enactment of this Act; and
(G) for each covered program report information
tracking the actual aggregate expenditures by each grant recipient from
State sources for projects eligible for funding under the program
during the period beginning on the date of enactment of this Act
through September 30, 2010, as compared to the level of such
expenditures that were planned to occur during such period as of the
date of enactment of this Act.
(3) TIMING OF REPORTS- Each grant recipient shall
submit the first of the periodic reports required under this subsection
not later than 90 days after the date of enactment of this Act and
shall submit updated reports not later than 180 days, 1 year, 2 years,
and 3 years after such date of enactment.
(d) DEFINITIONS- In this section, the following definitions apply:
(1) COVERED AGENCY- The term `covered agency' means the
Office of the Secretary of Transportation, the Federal Aviation
Administration, the Federal Highway Administration, the Federal
Railroad Administration, the Federal Transit Administration and the
Maritime Administration of the Department of Transportation.
(2) COVERED PROGRAM- The term `covered program' means
funds appropriated in this Act for `Supplemental Discretionary Grants
for a National Surface Transportation System' to the Office of the
Secretary of Transportation, for `Supplemental Funding for Facilities
and Equipment' and `Grants-in-Aid for Airports' to the Federal Aviation
Administration; for `Highway Infrastructure Investment' to the Federal
Highway Administration; for `Capital Assistance for High Speed Rail
Corridors and Intercity Passenger Rail Service' and `Capital Grants to
the National Railroad Passenger Corporation' to the Federal Railroad
Administration; for `Transit Capital Assistance', `Fixed Guideway
Infrastructure Investment', and `Capital Investment Grants' to the
Federal Transit Administration; and `Supplemental Grants for Assistance
to Small Shipyards' to the Maritime Administration.
(3) GRANT RECIPIENT- The term `grant recipient' means a
State or other recipient of assistance provided under a covered program
in this Act. Such term does not include a Federal department or agency.
(e) Notwithstanding any other provision of law, sections
3501-3521 of title 44, United States Code, shall not apply to the
provisions of this section.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
PUBLIC HOUSING CAPITAL FUND
For an additional amount for the `Public Housing Capital
Fund' to carry out capital and management activities for public housing
agencies, as authorized under section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g) (the `Act'), $4,000,000,000, to remain
available until September 30, 2011: Provided, That the
Secretary of Housing and Urban Development shall distribute
$3,000,000,000 of this amount by the same formula used for amounts made
available in fiscal year 2008, 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 obligate funds allocated by formula within 30 days of enactment of this Act: Provided further,
That the Secretary shall make available $1,000,000,000 by competition
for priority investments, including investments that leverage private
sector funding or financing for renovations and energy conservation
retrofit investments: Provided further, That the Secretary shall obligate competitive funding by September 30, 2009: Provided further,
That public housing authorities shall give priority to capital projects
that can award contracts based on bids within 120 days from the date
the funds are made available to the public housing authorities: Provided further, That public housing agencies shall give priority consideration to the rehabilitation of vacant rental units: Provided further,
That 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
notwithstanding any other provision of law, (1) funding provided under
this heading 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 on which funds become available to the agency
for obligation, 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 the 1-year obligation requirement, the Secretary
shall recapture all remaining unobligated 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 either the 2-year or the
3-year expenditure requirement, the Secretary shall recapture the
balance of the funds awarded to the public housing agency and
reallocate such funds to agencies that are in compliance with those
requirements: Provided further, That in administering funds
appropriated or otherwise made available under this heading, the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided further,
That, in addition to waivers authorized under the previous proviso, the
Secretary may direct that requirements relating to the procurement of
goods and services arising under state and local laws and regulations
shall not apply to amounts made available under this heading: Provided further,
That of the funds made available under this heading, up to .5 percent
shall be available for staffing, training, technical assistance,
technology, monitoring, travel, enforcement, research and evaluation
activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the Secretary
for personnel expenses related to administering funding under this
heading shall be transferred to `Personnel Compensation and Benefits,
Office of Public and Indian Housing' and shall retain the terms and
conditions of this account, including reprogramming provisions, except
that the period of availability set forth in the previous proviso shall
govern such transferred funds: Provided further, That any
funds made available under this heading used by the Secretary for
training or other administrative expenses shall be transferred 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 `Working Capital Fund'.
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 the Secretary shall obligate funds allocated by formula within 30 days of enactment of this Act: Provided further,
That the amounts distributed through the formula shall be used for new
construction, acquisition, rehabilitation including energy efficiency
and conservation, and infrastructure development: Provided further,
That in selecting projects to be funded, recipients shall give priority
to projects for which contracts can be awarded within 180 days from the
date that funds are available to the recipients: Provided further,
that the Secretary may 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 the Secretary shall obligate competitive funding by September 30, 2009: 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 funds are made available to a
recipient, expend at least 50 percent of such funds within 2 years of
the date on which funds become available to such recipients 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 the 2-year expenditure requirement, the Secretary shall recapture
all remaining funds awarded to the recipient and reallocate such funds
through the funding formula to recipients that are in compliance with
these 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 originally awarded to the
recipient: Provided further, That notwithstanding any other
provision of law, the Secretary may set aside up to 2 percent of funds
made available under this paragraph for a housing entity eligible to
receive funding under title VIII of NAHASDA (25 U.S.C. 4221 et seq.): Provided further,
That in administering funds appropriated or otherwise made available
under this heading, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation in
connection with the obligation by the Secretary or the use of these
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding that such a waiver is necessary to expedite or facilitate the
use of such funds: Provided further, That of the funds made
available under this heading, up to .5 percent shall be available for
staffing, training, technical assistance, technology, monitoring,
travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the Secretary
for personnel expenses related to administering funding under this
heading shall be transferred to `Personnel Compensation and Benefits,
Office of Public and Indian Housing' and shall retain the terms and
conditions of this account, including reprogramming provisions, except
that the period of availability set forth in the previous proviso shall
govern such transferred funds: Provided further, That any
funds made available under this heading used by the Secretary for
training or other administrative expenses shall be transferred 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 `Working Capital Fund'.
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
For an additional amount for `Community Development Fund'
$1,000,000,000, to remain available until September 30, 2010 to carry
out the community development block grant program under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.):
Provided, That the amount appropriated in this paragraph shall
be distributed pursuant to 42 U.S.C. 5306 to grantees that received
funding in fiscal year 2008: Provided further, That in
administering the funds appropriated in this paragraph, the Secretary
of Housing and Urban Development shall establish requirements to
expedite the use of the funds: Provided further, That in
selecting projects to be funded, recipients shall give priority to
projects that can award contracts based on bids within 120 days from
the date the funds are made available to the recipients: Provided further,
That in administering funds appropriated or otherwise made available
under this heading, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation in
connection with the obligation by the Secretary or the use by the
recipient of these funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), upon
a finding that such waiver is necessary to expedite or facilitate the
timely use of such funds and would not be inconsistent with the overall
purpose of the statute.
For the provision of emergency assistance for the
redevelopment of abandoned and foreclosed homes, as authorized under
division B, title III of the Housing and Economic Recovery Act of 2008
(`the Act') (Public Law 110-289) (42 U.S.C. 5301 note), $2,000,000,000,
to remain available until September 30, 2010: Provided, That
grantees shall expend at least 50 percent of allocated funds within 2
years of the date funds become available to the grantee for obligation,
and 100 percent of such funds within 3 years of such date: Provided further,
That unless otherwise noted herein, the provisions of the Act govern
the use of the additional funds made available under this heading: Provided further,
That notwithstanding the provisions of sections 2301(b) and (c)(1) and
section 2302 of the Act, funding under this paragraph shall be
allocated by competitions for which eligible entities shall be States,
units of general local government, and nonprofit entities or consortia
of nonprofit entities, which may submit proposals in partnership with
for profit entities: Provided further, That in selecting
grantees, the Secretary of Housing and Urban Development shall ensure
that the grantees are in areas with the greatest number and percentage
of foreclosures and can expend funding within the period allowed under
this heading: Provided further, That additional award
criteria for such competitions shall include demonstrated grantee
capacity to execute projects, leveraging potential, concentration of
investment to achieve neighborhood stabilization, and any additional
factors determined by the Secretary of Housing and Urban Development: Provided further, That the Secretary may establish a minimum grant size: Provided further,
That the Secretary shall publish criteria on which to base competition
for any grants awarded under this heading not later than 75 days after
the enactment of this Act and applications shall be due to HUD not
later than 150 days after the enactment of this Act: Provided further, That the Secretary shall obligate all funding within 1 year of enactment of this Act: Provided further, That section 2301(d)(4) of the Act is repealed: Provided further,
That section 2301(c)(3)(C) of the Act is amended to read `establish and
operate land banks for homes and residential properties that have been
foreclosed upon': Provided further, That funding used for
section 2301(c)(3)(E) of the Act shall be available only for the
redevelopment of demolished or vacant properties as housing: Provided further,
That no amounts made available from a grant under this heading may be
used to demolish any public housing (as such term is defined in section
3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)): Provided further,
That a grantee may not use more than 10 percent of its grant under this
heading for demolition activities under section 2301(c)(3)(C) and (D)
unless the Secretary determines that such use represents an appropriate
response to local market conditions: Provided further, That
the recipient of any grant or loan from amounts made available under
this heading or, after the date of enactment under division B, title
III of the Housing and Economic Recovery Act of 2008, may not refuse to
lease a dwelling unit in housing with such loan or grant to a
participant under section 8 of the United States Housing Act of 1937
(42 U.S.C 1437f) because of the status of the prospective tenant as
such a participant: Provided further, That in addition to the
eligible uses in section 2301, the Secretary may also use up to 10
percent of the funds provided under this heading for grantees for the
provision of capacity building of and support for local communities
receiving funding under section 2301 of the Act or under this heading: Provided further,
That in administering funds appropriated or otherwise made available
under this section, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation in
connection with the obligation by the Secretary or the use of funds
except for requirements related to fair housing, nondiscrimination,
labor standards and the environment, upon a finding that such a waiver
is necessary to expedite or facilitate the use of such funds: Provided further,
That in the case of any acquisition of a foreclosed upon dwelling or
residential real property acquired after the date of enactment with any
amounts made available under this heading or under division B, title
III of the Housing and Economic Recovery Act of 2008 (Public Law
110-289), the initial successor in interest in such property pursuant
to the foreclosure shall assume such interest subject to: (1) the
provision by such successor in interest of a notice to vacate to any
bona fide tenant at least 90 days before the effective date of such
notice; and (2) the rights of any bona fide tenant, as of the date of
such notice of foreclosure: (A) under any bona fide lease entered into
before the notice of foreclosure to occupy the premises until the end
of the remaining term of the lease, except that a successor in interest
may terminate a lease effective on the date of sale of the unit to a
purchaser who will occupy the unit as a primary residence, subject to
the receipt by the tenant of the 90-day notice under this paragraph; or
(B) without a lease or with a lease terminable at will under State law,
subject to the receipt by the tenant of the 90-day notice under this
paragraph, except that nothing in this paragraph shall affect the
requirements for termination of any Federal- or State-subsidized
tenancy or of any State or local law that provides longer time periods
or other additional protections for tenants: Provided further,
That, for purposes of this paragraph, a lease or tenancy shall be
considered bona fide only if: (1) the mortgagor under the contract is
not the tenant; (2) the lease or tenancy was the result of an
arms-length transaction; and (3) the lease or tenancy requires the
receipt of rent that is not substantially less than fair market rent
for the property: Provided further, That the recipient of any
grant or loan from amounts made available under this heading or, after
the date of enactment, under division B, title III of the Housing and
Economic Recovery Act of 2008 (Public Law 110-289) may not refuse to
lease a dwelling unit in housing assisted with such loan or grant to a
holder of a voucher or certificate of eligibility under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) because of the
status of the prospective tenant as such a holder: Provided further,
That in the case of any qualified foreclosed housing for which funds
made available under this heading or, after the date of enactment,
under division B, title III of the Housing and Economic Recovery Act of
2008 (Public Law 110-289) are used and in which a recipient of
assistance under section 8(o) of the U.S. Housing Act of 1937 resides
at the time of foreclosure, the initial successor in interest shall be
subject to the lease and to the housing assistance payments contract
for the occupied unit: Provided further, That vacating the
property prior to sale shall not constitute good cause for termination
of the tenancy unless the property is unmarketable while occupied or
unless the owner or subsequent purchaser desires the unit for personal
or family use: Provided further, That if a public housing
agency is unable to make payments under the contract to the immediate
successor in interest after foreclosures, due to (1) an action or
inaction by the successor in interest, including the rejection of
payments or the failure of the successor to maintain the unit in
compliance with section 8(o)(8) of the United States Housing Act of
1937 (42 U.S.C.1437f) or (2) an inability to identify the successor,
the agency may use funds that would have been used to pay the rental
amount on behalf of the family--(i) to pay for utilities that are the
responsibility of the owner under the lease or applicable law, after
taking reasonable steps to notify the owner that it intends to make
payments to a utility provider in lieu of payments to the owner, except
prior notification shall not be required in any case in which the unit
will be or has been rendered uninhabitable due to the termination or
threat of termination of service, in which case the public housing
agency shall notify the owner within a reasonable time after making
such payment; or (ii) for the family's reasonable moving costs,
including security deposit costs: Provided further, That this paragraph shall not preempt any Federal, State or local law that provides more protections for tenants: 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, travel, enforcement, research and evaluation
activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the Secretary
for personnel expenses related to administering funding under this
heading shall be transferred to `Personnel Compensation and Benefits,
Community Planning and Development' and shall retain the terms and
conditions of this account, including reprogramming provisions, except
that the period of availability set forth in the previous proviso shall
govern such transferred funds: Provided further, That any
funds made available under this heading used by the Secretary for
training or other administrative expenses shall be transferred 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 `Working Capital Fund'.
home investment partnerships program
For an additional amount for capital investments in
low-income housing tax credit projects, $2,250,000,000, to remain
available until September 30, 2011: Provided, That such funds
shall be made available to State housing credit agencies, as defined in
section 42(h) of the Internal Revenue Code of 1986, and shall be
apportioned among the States based on the percentage of HOME funds
apportioned to each State and the participating jurisdictions therein
for Fiscal Year 2008: Provided further, That the housing
credit agencies in each State shall distribute these funds
competitively under this heading and pursuant to their qualified
allocation plan (as defined in section 42(m) of the Internal Revenue
Code of 1986) to owners of projects who have received or receive
simultaneously an award of low-income housing tax credits under section
42(h) of the Internal Revenue Code of 1986: Provided further,
That housing credit agencies in each State shall commit not less than
75 percent of such funds within one year of the date of enactment of
this Act, and shall demonstrate that the project owners shall have
expended 75 percent of the funds made available under this heading
within two years of the date of enactment of this Act, and shall have
expended 100 percent of the funds within 3 years of the date of
enactment of this Act: Provided further, That failure by an
owner to expend funds within the parameters required within the
previous proviso shall result in a redistribution of these funds by a
housing credit agency to a more deserving project in such State, except
any funds not expended after 3 years from enactment shall be
redistributed by the Secretary to other States that have fully utilized
the funds made available to them: Provided further, That
projects awarded low income housing tax credits under section 42(h) of
the IRC of 1986 in fiscal years 2007, 2008, or 2009 shall be eligible
for funding under this heading: Provided further, That housing credit agencies shall give priority 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, in lieu of corresponding limitations under the HOME
program) as required by the state housing credit agency with respect to
an award of low income housing credits under section 42 of the IRC of
1986: Provided further, That the housing credit agency shall
perform asset management functions, or shall contract for the
performance of such services, in either case, at the owner's expense,
to ensure compliance with section 42 of the IRC of 1986, and the long
term viability of buildings funded by assistance under this heading: Provided further,
That the term eligible 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 be given access upon reasonable notice to a State
housing credit agency to information related to the award of Federal
funds from such housing credit agency pursuant to this heading and
shall establish an Internet site that shall identify all projects
selected for an award, including the amount of the award and such site
shall provide linkage to the housing credit agency allocation plan
which describes the process that was used to make the award decision: 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 expedite the use of such funds: Provided further,
That for purposes of environmental compliance review, funds under this
heading that are made available to State housing credit agencies for
distribution to projects awarded low income housing tax credits shall
be treated as funds under the HOME program and shall be subject to
Section 288 of the HOME Investment Partnership Act.
homelessness prevention fund
For homelessness prevention and rapid re-housing 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,
moving cost assistance, and case management; or other appropriate
activities for homelessness prevention and rapid re-housing of persons
who have become homeless: 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 HUD 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 60 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 this Act and that this notice
shall take effect upon issuance: Provided further, That of
the funds provided under this heading, up to .5 percent shall be
available for staffing, training, technical assistance, technology,
monitoring, research and evaluation activities: Provided further, That funds set aside under the previous proviso shall remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the Secretary
for personnel expenses related to administering funding under this
heading shall be transferred to `Community Planning and Development
Personnel Compensation and Benefits' and shall retain the terms and
conditions of this account including reprogramming provisions except
that the period of availability set forth in the previous proviso shall
govern such transferred funds: Provided further, That any
funds made available under this heading used by the Secretary for
training or other administrative expenses shall be transferred 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 `Working Capital Fund.'
Housing Programs
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 $2,000,000,000 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 $250,000,000 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 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, fees to cover investment oversight and
implementation by said owner, or to encourage job creation for
low-income or very low-income individuals: Provided further,
That the Secretary may share in a portion of future property utility
savings resulting from improvements made by grants or loans made
available under this heading: 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 in administering
funds appropriated or otherwise made available under this heading, the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided further,
That of the funds provided under this heading for grants and loans, up
to 1 percent shall be available for staffing, training, technical
assistance, technology, monitoring, research and evaluation activities:
Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further,
That funding made available under this heading and used by the
Secretary for personnel expenses related to administering funding under
this heading shall be transferred to `Housing Personnel Compensation
and Benefits' and shall retain the terms and conditions of this account
including reprogramming provisos except that the period of availability
set forth in the previous proviso shall govern such transferred funds: Provided further,
That any funding made available under this heading used by the
Secretary for training and other administrative expenses shall be
transferred 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 `Working Capital Fund.'
Office of Lead Hazard Control and Healthy Homes
For an additional amount for the `Lead Hazard Reduction
Program', as authorized by section 1011 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992, and by sections 501 and 502 of the
Housing and Urban Development Act of 1974, $100,000,000, to remain
available until September 30, 2011: Provided, That for
purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(e) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That funds shall be awarded
first to applicants which had applied under the Lead Hazard Reduction
Program Notices 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 Hazard Reduction Program Notices
of Funding Availability for fiscal year 2009: Provided further,
That each applicant for the Lead Hazard Program Notices 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 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 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
appropriated or otherwise made available under this heading, the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided further,
That of the funds made available under this heading, up to .5 percent
shall be available for staffing, training, technical assistance,
technology, monitoring, travel, enforcement, research and evaluation
activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further,
That any funds made available under this heading used by the Secretary
for personnel expenses related to administering funding under this
heading shall be transferred to `Personnel Compensation and Benefits,
Office of Lead Hazard Control and Healthy Homes' and shall retain the
terms and conditions of this account, including reprogramming
provisions, except that the period of availability set forth in the
previous proviso shall govern such transferred funds: Provided further,
That any funds made available under this heading used by the Secretary
for training or other administrative expenses shall be transferred 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 `Working Capital Fund'.
Management and Administration
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, $15,000,000, to remain
available until September 30, 2013: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.
GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Sec. 1202. FHA Loan Limits for 2009. (a) LOAN LIMIT FLOOR
BASED ON 2008 LEVELS- For mortgages for which the mortgagee issues
credit approval for the borrower during calendar year 2009, if the
dollar amount limitation on the principal obligation of a mortgage
determined under section 203(b)(2) of the National Housing Act (12
U.S.C. 1709(b)(2)) for any size residence for any area is less than
such dollar amount limitation that was in effect for such size
residence for such area for 2008 pursuant to section 202 of the
Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 620),
notwithstanding any other provision of law, the maximum dollar amount
limitation on the principal obligation of a mortgage for such size
residence for such area for purposes of such section 203(b)(2) shall be
considered (except for purposes of section 255(g) of such Act (12
U.S.C. 1715z-20(g))) to be such dollar amount limitation in effect for
such size residence for such area for 2008.
(b) Discretionary Authority for Sub-Areas- Notwithstanding
any other provision of law, if the Secretary of Housing and Urban
Development determines, for any geographic area that is smaller than an
area for which dollar amount limitations on the principal obligation of
a mortgage are determined under section 203(b)(2) of the National
Housing Act, that a higher such maximum dollar amount limitation is
warranted for any particular size or sizes of residences in such
sub-area by higher median home prices in such sub-area, the Secretary
may, for mortgages for which the mortgagee issues credit approval for
the borrower during calendar year 2009, increase the maximum dollar
amount limitation for such size or sizes of residences for such
sub-area that is otherwise in effect (including pursuant to subsection
(a) of this section), but in no case to an amount that exceeds the
amount specified in section 202(a)(2) of the Economic Stimulus Act of
2008.
SEC. 1203. GSE Conforming Loan Limits for 2009. (a) Loan
Limit Floor Based on 2008 Levels- For mortgages originated during
calendar year 2009, if the limitation on the maximum original principal
obligation of a mortgage that may be purchased by the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation
determined under section 302(b)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1754(a)(2)),
respectively, for any size residence for any area is less than such
maximum original principal obligation limitation that was in effect for
such size residence for such area for 2008 pursuant to section 201 of
the Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 619),
notwithstanding any other provision of law, the limitation on the
maximum original principal obligation of a mortgage for such
Association and Corporation for such size residence for such area shall
be such maximum limitation in effect for such size residence for such
area for 2008.
(b) Discretionary Authority for Sub-Areas- Notwithstanding
any other provision of law, if the Director of the Federal Housing
Finance Agency determines, for any geographic area that is smaller than
an area for which limitations on the maximum original principal
obligation of a mortgage are determined for the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation,
that a higher such maximum original principal obligation limitation is
warranted for any particular size or sizes of residences in such
sub-area by higher median home prices in such sub-area, the Director
may, for mortgages originated during 2009, increase the maximum
original principal obligation limitation for such size or sizes of
residences for such sub-area that is otherwise in effect (including
pursuant to subsection (a) of this section) for such Association and
Corporation, but in no case to an amount that exceeds the amount
specified in the matter following the comma in section 201(a)(1)(B) of
the Economic Stimulus Act of 2008.
Sec. 1204. FHA Reverse Mortgage Loan Limits for 2009. For
mortgages for which the mortgagee issues credit approval for the
borrower during calendar year 2009, the second sentence of section
255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) shall be
considered to require that in no case may the benefits of insurance
under such section 255 exceed 150 percent of the maximum dollar amount
in effect under the sixth sentence of section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
TITLE XIII--HEALTH INFORMATION TECHNOLOGY
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS OF TITLE.
(a) Short Title- This title (and title IV of division B)
may be cited as the `Health Information Technology for Economic and
Clinical Health Act' or the `HITECH Act'.
(b) Table of Contents of Title- The table of contents of this title is as follows:
Sec. 13001. Short title; table of contents of title.
Subtitle A--Promotion of Health Information Technology
Part 1--Improving Health Care Quality, Safety, and Efficiency
Sec. 13101. ONCHIT; standards development and adoption.
`TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY
`Sec. 3000. Definitions.
`Subtitle A--Promotion of Health Information Technology
`Sec. 3001. Office of the National Coordinator for Health Information Technology.
`Sec. 3002. HIT Policy Committee.
`Sec. 3003. HIT Standards Committee.
`Sec. 3004. Process for adoption of endorsed
recommendations; adoption of initial set of standards, implementation
specifications, and certification criteria.
`Sec. 3005. Application and use of adopted standards and implementation specifications by Federal agencies.
`Sec. 3006. Voluntary application and use of adopted standards and implementation specifications by private entities.
`Sec. 3007. Federal health information technology.
`Sec. 3008. Transitions.
`Sec. 3009. Miscellaneous provisions.
Sec. 13102. Technical amendment.
Part 2--Application and Use of Adopted Health Information Technology Standards; Reports
Sec. 13111. Coordination of Federal activities with adopted standards and implementation specifications.
Sec. 13112. Application to private entities.
Sec. 13113. Study and reports.
Subtitle B--Testing of Health Information Technology
Sec. 13201. National Institute for Standards and Technology testing.
Sec. 13202. Research and development programs.
Subtitle C--Grants and Loans Funding
Sec. 13301. Grant, loan, and demonstration programs.
`Subtitle B--Incentives for the Use of Health Information Technology
`Sec. 3011. Immediate funding to strengthen the health information technology infrastructure.
`Sec. 3012. Health information technology implementation assistance.
`Sec. 3013. State grants to promote health information technology.
`Sec. 3014. Competitive grants to States and Indian
tribes for the development of loan programs to facilitate the
widespread adoption of certified EHR technology.
`Sec. 3015. Demonstration program to integrate information technology into clinical education.
`Sec. 3016. Information technology professionals in health care.
`Sec. 3017. General grant and loan provisions.
`Sec. 3018. Authorization for appropriations.
Subtitle D--Privacy
Part 1--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.
Sec. 13402. Notification in the case of breach.
Sec. 13403. Education on health information privacy.
Sec. 13404. Application of privacy provisions and penalties to business associates of covered entities.
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.
Sec. 13406. Conditions on certain contacts as part of health care operations.
Sec. 13407. Temporary breach notification requirement
for vendors of personal health records and other non-HIPAA covered
entities.
Sec. 13408. Business associate contracts required for certain entities.
Sec. 13409. Clarification of application of wrongful disclosures criminal penalties.
Sec. 13410. Improved enforcement.
Part 2--Relationship to Other Laws; Regulatory References; Effective Date; Reports
Sec. 13421. Relationship to other laws.
Sec. 13422. Regulatory references.
Sec. 13423. Effective date.
Sec. 13424. Studies, reports, guidance.
Subtitle A--Promotion of Health Information Technology
PART 1--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.
`(1) CERTIFIED EHR TECHNOLOGY- The term `certified EHR
technology' means a qualified electronic health record 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' includes 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)(1)), 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, 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, an ambulatory surgical center described in section 1833(i) of the
Social Security Act, a therapist (as defined in section
1848(k)(3)(B)(iii) of the Social Security Act), and any other category
of health care facility, entity, practitioner, 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' means hardware, software, integrated
technologies or related licenses, intellectual property, upgrades, or
packaged solutions sold as services that are designed for or support
the use by health care entities or patients 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
`(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, reduces health disparities, 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;
and
`(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).
`(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.
`(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.
`(A) IN GENERAL- The National Coordinator, in
consultation with the Director of the National Institute of Standards
and Technology, shall keep or 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 13201(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 a
health information technology workforce sufficient to support this
effort (including education programs in medical informatics and health
information management).
`(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).
`(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, by reducing health disparities, by reducing chronic
disease, and by advancing research and education.
`(vi) Technologies that allow individually
identifiable health information to be rendered unusable, unreadable, or
indecipherable to unauthorized individuals when such information is
transmitted in the nationwide health information network or physically
transported outside of the secured, physical perimeter of a health care
provider, health plan, or health care clearinghouse.
`(vii) 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.
`(viii) Technologies 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
`(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.
`(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 take a
leading position 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) 3 members shall be appointed by the Secretary,
1 of whom shall be appointed to represent the Department of Health and
Human Services and 1 of whom shall be a public health official.
`(B) 1 member shall be appointed by the majority leader of the Senate.
`(C) 1 member shall be appointed by the minority leader of the Senate.
`(D) 1 member shall be appointed by the Speaker of the House of Representatives.
`(E) 1 member shall be appointed by the minority leader of the House of Representatives.
`(F) Such other members as shall be appointed by the President as representatives of other relevant Federal agencies.
`(G) 13 members shall be appointed by the Comptroller General of the United States of whom--
`(i) 3 members shall advocates for patients or consumers;
`(ii) 2 members shall represent health care providers, one of which shall be a physician;
`(iii) 1 member shall be from a labor organization representing health care workers;
`(iv) 1 member shall have expertise in health information privacy and security;
`(v) 1 member shall have expertise in improving the health of vulnerable populations;
`(vi) 1 member shall be from the research community;
`(vii) 1 member shall represent health plans or other third-party payers;
`(viii) 1 member shall represent information technology vendors;
`(ix) 1 member shall represent purchasers or employers; and
`(x) 1 member shall have expertise in health care quality measurement and reporting.
`(3) 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.
`(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.
`(5) OUTSIDE INVOLVEMENT- The HIT Policy Committee
shall ensure an opportunity for the participation in activities of the
Committee of outside advisors, including individuals with expertise in
the development of policies for the electronic exchange and use of
health information, including in the areas of health information
privacy and security.
`(6) QUORUM- A majority of the member of the HIT Policy
Committee shall constitute a quorum for purposes of voting, but a
lesser number of members may meet and hold hearings.
`(7) 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, the Secretary is
authorized to appoint such members.
`(8) CONSIDERATION- The National Coordinator shall
ensure that the relevant and available 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.
`(1) STANDARDS 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(a)(2)(B). Such
recommendations shall be consistent with the latest recommendations
made by the HIT Policy Committee.
`(B) HARMONIZATION- The HIT Standards Committee
recognize harmonized or updated standards from 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.
`(C) 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 13201(a) of the Health Information
Technology for Economic and Clinical Health Act.
`(D) 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 and available 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 take a
leading position 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) PARTICIPATION- The members of the HIT Standards
Committee appointed under this subsection shall represent a balance
among various sectors of the health care system so that no single
sector unduly influences the recommendations of such Committee.
`(4) OUTSIDE INVOLVEMENT- The HIT Policy Committee
shall ensure an opportunity for the participation in activities of the
Committee of outside advisors, including individuals with expertise in
the development of standards for the electronic exchange and use of
health information, including in the areas of health information
privacy and security.
`(5) 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.
`(6) 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) Application of FACA- The Federal Advisory Committee
Act (5 U.S.C. App.), other than section 14, shall apply to the HIT
Standards 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 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 under section 553 of title 5, United
States Code, 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 consistent with
subsection (a)(2)(A), adopt an initial set of standards, implementation
specifications, and certification criteria for the areas required for
consideration under section 3002(b)(2)(B). The rulemaking for the
initial set of standards, implementation specifications, and
certification criteria may be issued on an interim, final basis.
`(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 HITECH Act, nothing in such Act or in the amendments made by such
Act shall be construed--
`(1) to require a private entity to adopt or comply
with a standard or implementation specification adopted under section
3004; or
`(2) to provide a Federal agency authority, other than
the authority such agency may have under other provisions of law, to
require a private entity to comply with such a standard or
implementation specification.
`(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 determines through an assessment that
the needs and demands of providers are being substantially and
adequately met through the marketplace.
`(b) Certification- In making such electronic health record
technology publicly available, the National Coordinator shall ensure
that the qualified electronic health record 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- To the extent consistent with section 3001,
all functions, personnel, assets, liabilities, and administrative
actions applicable to the National Coordinator for Health Information
Technology appointed under Executive Order No. 13335 or the Office of
such National Coordinator on the date before the date of the enactment
of this title shall be transferred to the National Coordinator
appointed under section 3001(a) and the Office of such National
Coordinator as of the date of the enactment of this title.
`(b) National EHealth Collaborative- Nothing in sections
3002 or 3003 or this subsection shall be construed as prohibiting the
AHIC Successor, Inc. doing business as the National eHealth
Collaborative from modifying its charter, duties, membership, and any
other structure or function required to be consistent with section 3002
and 3003 so as to allow the Secretary to recognize such AHIC Successor,
Inc. as the HIT Policy Committee or 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. MISCELLANEOUS PROVISIONS.
`(a) Relation to HIPAA Privacy and Security Law-
`(1) IN GENERAL- With respect to the relation of this title to HIPAA privacy and security law:
`(A) This title may not be construed as having any
effect on the authorities of the Secretary under HIPAA privacy and
security law.
`(B) 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.
`(2) DEFINITION- For purposes of this section, the term `HIPAA privacy and security law' means--
`(A) 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 title IV of the
Health Information Technology for Economic and Clinical Health Act; and
`(B) regulations under such provisions.
`(b) Flexibility- In administering the provisions of this
title, the Secretary shall have flexibility in applying the definition
of health care provider under section 3000(3), including the authority
to omit certain entities listed in such definition when applying such
definition under this title, where appropriate.'.
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 2--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 by the Director of the Office of Management and
Budget, in consultation with the Secretary of Health and Human
Services) 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 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 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 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--
(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
(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.
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) shall include Federal research and development
programs related to health information technology.
Subtitle C--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 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. 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 health care 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(b), including
community health centers receiving assistance under section 330,
covered entities under section 340B, 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) Improvement and expansion of the use of health information technology by public health departments.
`(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 health information technology
activities that are provided for under laws in effect on the date of
the enactment of this title.
`(d) Standards for Acquisition of Health Information
Technology- To the greatest extent practicable, the Secretary shall
ensure that where funds are expended under this section for the
acquisition of health information technology, such funds shall be used
to acquire health information technology that meets applicable
standards adopted under section 3004. Where it is not practicable to
expend funds on health information technology that meets such
applicable standards, the Secretary shall ensure that such health
information technology meets applicable standards otherwise adopted by
the Secretary.
`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.
`(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 title, 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
(f)) 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 (d).
`(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 (e) (regardless of whether such plan was
prepared using amounts awarded under subsection (b); 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 (c) 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; and
`(10) such other activities as the Secretary may specify.
`(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 (b) and (c), 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);
`(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.
`(1) IN GENERAL- For a fiscal year (beginning with
fiscal year 2011), the Secretary may not make a grant under this
section 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 (c) 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 Administrator 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 3004) applicable to the exchange of information,
improves the quality of health care, such as promoting care
coordination; and
`(C) comply with such other requirements as the entity or the Secretary may require;
`(D) include a plan on how health care providers
involved intend to maintain and support the certified EHR technology
over time;
`(E) include a plan on how the health care
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 (h).
`(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.
`(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 (c). 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
section 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 section 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 section 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
section 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;
`(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).
`(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 IN 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.
`SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS.
`(a) Reports- The Secretary may require that an entity
receiving assistance under this subtitle 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 the 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 health care 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 subtitle 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.'.
Subtitle D--Privacy
SEC. 13400. DEFINITIONS.
In this subtitle, except as specified otherwise:
(A) IN GENERAL- The term `breach' means the
unauthorized acquisition, access, use, or disclosure of protected
health information which compromises the security or privacy of such
information, except where an unauthorized person to whom such
information is disclosed would not reasonably have been able to retain
such information.
(B) EXCEPTIONS- The term `breach' does not include--
(i) any unintentional acquisition, access, or
use of protected health information by an employee or individual acting
under the authority of a covered entity or business associate if--
(I) such acquisition, access, or use was
made in good faith and within the course and scope of the employment or
other professional relationship of such employee or individual,
respectively, with the covered entity or business associate; and
(II) such information is not further acquired, accessed, used, or disclosed by any person; or
(ii) any inadvertent disclosure from an
individual who is otherwise authorized to access protected health
information at a facility operated by a covered entity or business
associate to another similarly situated individual at same facility; and
(iii) any such information received as a result
of such disclosure is not further acquired, accessed, used, or
disclosed without authorization by any person.
(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 160.103 of title 45, Code of Federal
Regulations.
(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 PHR identifiable health
information (as defined in section 13407(f)(2)) on an individual that
can be drawn from multiple sources and that is managed, shared, and
controlled by or primarily 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 1--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, after consultation with
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, including the use
of standards developed under section 3002(b)(2)(B)(vi) of the Public
Health Service Act, as added by section 13101 of this Act, 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.
(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-
(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,
including the use of standards developed under section
3002(b)(2)(B)(vi) of the Public Health Service Act, as added by section
13101 of this Act.
(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-
(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 information shall be collected about each
disclosure referred to in paragraph (1), not later than 6 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 the
individuals in learning the circumstances under which their protected
health information is being disclosed and takes into account the
administrative burden of accounting for such disclosures.
`(3) PROCESS- In response to an request from an
individual for an accounting, a covered entity shall elect to provide
either an--
`(A) accounting, as specified under paragraph (1),
for disclosures of protected health information that are made by such
covered entity and by a business associate acting on behalf of the
covered entity; or
`(B) accounting, as specified under paragraph (1),
for disclosures that are made by such covered entity and provide a list
of all business associates acting on behalf of the covered entity,
including contact information for such associates (such as mailing
address, phone, and email address).
A business associate included on a list under
subparagraph (B) shall provide an accounting of disclosures (as
required under paragraph (1) for a covered entity) made by the business
associate upon a request made by an individual directly to the business
associate for such an accounting.
`(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:
`(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 is necessary, but
in no case may the date specified under--
`(i) subparagraph (A) be later than 2016; or
`(ii) subparagraph (B) be later than 2013.'
(d) Prohibition on Sale of Electronic Health Records or Protected Health Information-
(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 public
health activities (as described in section 164.512(b) of title 45, Code
of Federal Regulations).
(B) The purpose of the exchange is for research (as
described in sections 164.501 and 164.512(i) of title 45, Code of
Federal Regulations) and the price charged reflects the costs of
preparation and transmittal of the data for such purpose.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) 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
(F).
(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.
(e) 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, if the individual chooses, to direct the covered entity to
transmit such copy directly to an entity or person designated by the
individual, provided that any such choice is clear, conspicuous, and
specific; 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.
(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)(i) such communication describes only a drug or
biologic that is currently being prescribed for the recipient of the
communication; and
(ii) any payment received by such covered entity in
exchange for making a communication described in clause (i) is
reasonable in amount;
(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 by a business associate on behalf of the covered entity; and
(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.
(3) REASONABLE IN AMOUNT DEFINED- For purposes of
paragraph (2), the term `reasonable in amount' shall have the meaning
given such term by the Secretary by regulation.
(4) DIRECT OR INDIRECT PAYMENT- For purposes of
paragraph (2), the term `direct or indirect payment' shall not include
any payment for treatment (as defined in section 164.501 of title 45,
Code of Federal Regulations) of an individual.
(b) Opportunity to Opt Out of Fundraising- The Secretary
shall by rule provide that any written fundraising communication that
is a healthcare operation as defined under section 164.501 of title 45,
Code of Federal Regulations, shall, in a clear and conspicuous manner,
provide an opportunity for the recipient of the communications to elect
not to receive any further such communication. When an individual
elects not to receive any further such communication, such election
shall be treated as a revocation of authorization under section 164.508
of title 45, Code of Federal Regulations.
(c) Effective Date- This section shall apply to written
communications 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), (iii), or (iv) 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), (iii). or (iv)
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. 57a(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 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- If Congress enacts new legislation
establishing requirements for notification in the case of a breach of
security, that apply to entities that are not covered entities or
business associates, the provisions of this section shall not apply to
breaches of security discovered on or after the effective date of
regulations implementing such legislation.
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.
(1) NONCOMPLIANCE DUE TO WILLFUL NEGLECT- Section 1176 of the Social Security Act (42 U.S.C. 1320d-5) is amended--
(A) 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
(B) 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.'.
(2) ENFORCEMENT UNDER SOCIAL SECURITY ACT- Any
violation by a covered entity under thus subtitle is subject to
enforcement and penalties under section 1176 and 1177 of the Social
Security Act.
(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 for 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).
`(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 for 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 2--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.
(c) Construction- Nothing in this subtitle shall constitute
a waiver of any privilege otherwise applicable to an individual with
respect to the protected health information of such individual.
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 5 years 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 this Act on health
insurance premiums, overall health care costs, adoption of electronic
health records by providers, and reduction in medical errors and other
quality improvements.
(f) Study- The Secretary shall study the definition of
`psychotherapy notes' in section 164.501 of title 45, Code of Federal
Regulations, with regard to including 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 in
such definitions and may, based on such study, issue regulations to
revise such definition.
TITLE XIV--STATE FISCAL STABILIZATION FUND
DEPARTMENT OF EDUCATION
State Fiscal Stabilization Fund
For necessary expenses for a State Fiscal Stabilization
Fund, $53,600,000,000, which shall be administered by the Department of
Education.
GENERAL PROVISIONS--THIS TITLE
SEC. 14001. ALLOCATIONS.
(a) Outlying Areas- From the amount appropriated to carry
out this title, the Secretary of Education shall first allocate up to
one-half of 1 percent to the outlying areas on the basis of their
respective needs, as determined by the Secretary, in consultation with
the Secretary of the Interior, for activities consistent with this
title under such terms and conditions as the Secretary may determine.
(b) Administration and Oversight- The Secretary may, in
addition, reserve up to $14,000,000 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
$5,000,000,000 for grants under sections 14006 and 14007.
(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 award as subgrants or otherwise commit within two years of
receiving such funds, and the Secretary shall reallocate such funds to
the remaining States in accordance with subsection (d).
SEC. 14002. STATE USES OF FUNDS.
(1) IN GENERAL- For each fiscal year, the Governor
shall use 81.8 percent of the State's allocation under section 14001(d)
for the support of elementary, secondary, and postsecondary education
and, as applicable, early childhood education programs and services.
(2) RESTORING STATE SUPPORT FOR EDUCATION-
(A) IN GENERAL- The Governor shall first use the funds described in paragraph (1)--
(i) to provide the amount of funds, through the State's primary elementary and secondary funding formulae, that is needed--
(I) to restore, in each of fiscal years
2009, 2010, and 2011, the level of State support provided through such
formulae to the greater of the fiscal year 2008 or fiscal year 2009
level; and
(II) where applicable, to allow existing
State formulae increases to support elementary and secondary education
for fiscal years 2010 and 2011 to be implemented and allow funding for
phasing in State equity and adequacy adjustments, if such increases
were enacted pursuant to State law prior to October 1, 2008.
(ii) to provide, in each of fiscal years 2009,
2010, and 2011, the amount of funds to public institutions of higher
education in the State that is needed to restore State support for such
institutions (excluding tuition and fees paid by students) to the
greater of the fiscal year 2008 or fiscal year 2009 level.
(B) SHORTFALL- If the Governor determines that the
amount of funds available under paragraph (1) is insufficient to
support, in each of fiscal years 2009, 2010, and 2011, public
elementary, secondary, and higher education at the levels described in
clauses (i) and (ii) of subparagraph (A), the Governor shall allocate
those funds between those clauses in proportion to the relative
shortfall in State support for the education sectors described in those
clauses.
(C) FISCAL YEAR- For purposes of this paragraph,
the term `fiscal year' shall have the meaning given such term under
State law.
(3) SUBGRANTS TO IMPROVE BASIC PROGRAMS OPERATED BY
LOCAL EDUCATIONAL AGENCIES- After carrying out paragraph (2), the
Governor shall use any funds remaining under paragraph (1) to provide
local educational agencies in the State with subgrants based on their
relative shares of funding under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the
most recent year for which data are available.
(b) Other Government Services-
(1) IN GENERAL- The Governor shall use 18.2 percent of
the State's allocation under section 14001 for public safety and other
government services, which may include assistance for elementary and
secondary education and public institutions of higher education, and
for modernization, renovation, or repair of public school facilities
and institutions of higher education facilities, including
modernization, renovation, and repairs that are consistent with a
recognized green building rating system.
(2) AVAILABILITY TO ALL INSTITUTIONS OF HIGHER
EDUCATION- A Governor shall not consider the type or mission of an
institution of higher education, and shall consider any institution for
funding for modernization, renovation, and repairs within the State
that--
(A) qualifies as an institution of higher education, as defined in subsection 14013(3); and
(B) continues to be eligible to participate in the programs under title IV of the Higher Education Act of 1965.
(c) RULE OF CONSTRUCTION- Nothing in this section shall
allow a local educational agency to engage in school modernization,
renovation, or repair that is inconsistent with State law.
SEC. 14003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.
(a) In General- A local educational agency that receives
funds under this title may use the funds for any activity authorized by
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) (`ESEA'), the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) (`IDEA'), the Adult and Family Literacy Act (20
U.S.C. 1400 et seq.), or the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) (`the Perkins Act') or
for modernization, renovation, or repair of public school facilities,
including modernization, renovation, and repairs that are consistent
with a recognized green building rating system.
(b) PROHIBITION- A local educational agency may not use funds received under this title for--
(1) payment of maintenance costs;
(2) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for which admission is
charged to the general public;
(3) purchase or upgrade of vehicles; or
(4) improvement of stand-alone facilities whose purpose
is not the education of children, including central office
administration or operations or logistical support facilities.
(c) RULE OF CONSTRUCTION- Nothing in this section shall
allow a local educational agency to engage in school modernization,
renovation, or repair that is inconsistent with State law.
SEC. 14004. 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, or for modernization,
renovation, or repair of institution of higher education facilities
that are primarily used for instruction, research, or student housing,
including modernization, renovation, and repairs that are consistent
with a recognized green building rating system.
(b) Prohibition- An institution of higher education may not use funds received under this title to increase its endowment.
(c) Additional Prohibition- No funds awarded under this title may be used for--
(1) the maintenance of systems, equipment, or facilities;
(2) modernization, renovation, or repair of stadiums or
other facilities primarily used for athletic contests or exhibitions or
other events for which admission is charged to the general public; or
(3) modernization, renovation, or repair of facilities--
(A) used for sectarian instruction or religious worship; or
(B) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.
SEC. 14005. STATE APPLICATIONS.
(a) In General- The Governor of a State desiring to receive
an allocation under section 14001 shall submit an application at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
(b) Application- In such 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, including whether the State will use such allocation to
meet maintenance of effort requirements under the ESEA and IDEA and, in
such cases, what amount will be used to meet such requirements.
(c) Incentive Grant Application- The Governor of a State seeking a grant under section 14006 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), and the strategies the State
is employing to help ensure that students in the subgroups described in
section 1111(b)(2)(C)(v)(II) of the ESEA (20 U.S.C.
6311(b)(2)(C)(v)(II)) who have not met the State's proficiency targets
continue making progress toward meeting the State's student academic
achievement standards;
(3) describe the achievement and graduation rates (as
described in section 1111(b)(2)(C)(vi) of the ESEA (20 U.S.C.
6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title
34, Code of Federal Regulations) 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 section
1111(b)(2) of the ESEA (20 U.S.C. 6311(b)(2)) 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 local educational
agencies; and
(5) include a plan for evaluating the State's 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, 2010, and 2011, 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, 2010, and 2011, maintain State support for public
institutions of higher education (not including support for capital
projects or for research and development or tuition and fees paid by
students) at least at the level of such support in fiscal year 2006.
(2) ACHIEVING EQUITY IN TEACHER DISTRIBUTION- The State
will take actions to improve teacher effectiveness and comply with
section 1111(b)(8)(C) of the ESEA (20 U.S.C. 6311(b)(8)(C)) in order to
address inequities in the distribution of highly qualified teachers
between high- and low-poverty schools, and to ensure that low-income
and minority children are not taught at higher rates than other
children by inexperienced, unqualified, or out-of-field teachers.
(3) IMPROVING COLLECTION AND USE OF DATA- The State
will establish a longitudinal data system that includes the elements
described in section 6401(e)(2)(D) of the America COMPETES Act (20
U.S.C. 9871).
(4) STANDARDS AND ASSESSMENTS- The State--
(A) will enhance the quality of the academic
assessments it administers pursuant to section 1111(b)(3) of the 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 the ESEA (20 U.S.C. 6311(b))
and section 612(a)(16) of the 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 section 6401(e)(1)(9)(A)(ii) of the America COMPETES Act.
(5) SUPPORTING STRUGGLING SCHOOLS- The State will
ensure compliance with the requirements of section 1116(a)(7)(C)(iv)
and section 1116(a)(8)(B) of the ESEA with respect to schools
identified under such sections.
SEC. 14006. STATE INCENTIVE GRANTS.
(1) RESERVATION- From the total amount reserved under
section 14001(c) that is not used for section 14007, the Secretary may
reserve up to 1 percent for technical assistance to States to assist
them in meeting the objectives of paragraphs (2), (3), (4), and (5) of
section 14005(d).
(2) REMAINDER- Of the remaining funds, 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 14005(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 14005 and such other criteria as the Secretary determines
appropriate, which may include a State's need for assistance to help
meet the objective of paragraphs (2), (3), (4), and (5) of section
14005(d).
(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 the ESEA (20 U.S.C. 6311 et seq.) for the most recent year.
SEC. 14007. INNOVATION FUND.
(1) ELIGIBLE ENTITIES- 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; or
(ii) a consortium of schools.
(2) PROGRAM ESTABLISHED- From the total amount reserved
under section 14001(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 the 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 the 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.
(c) SPECIAL RULE- In the case of an eligible entity that
includes a nonprofit organization, the eligible entity shall be
considered to have met the eligibility requirements of paragraphs (1),
(2), (3) of subsection (b) if such nonprofit organization has a record
of meeting such requirements.
SEC. 14008. STATE REPORTS.
For each year of the program under this title, a State
receiving funds under this title shall submit a report to the
Secretary, at such time and in such manner as the Secretary may
require, that describes--
(1) the uses of funds provided under this title within the State;
(2) how the State distributed the funds it received under this title;
(3) the number of jobs that the Governor estimates were saved or created with funds the State received under this title;
(4) tax increases that the Governor estimates were averted because of the availability of funds from this title;
(5) the State's progress in reducing inequities in the
distribution of highly qualified teachers, in implementing a State
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;
(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; and
(8) a description of each modernization, renovation and
repair project funded, which shall include the amounts awarded and
project costs.
SEC. 14009. EVALUATION.
The Comptroller General of the United States shall conduct
evaluations of the programs under sections 14006 and 14007 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. 14010. SECRETARY'S REPORT TO CONGRESS.
The Secretary shall submit a report to the Committee on
Education and Labor of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committees on Appropriations of the House of Representatives and of the
Senate, not less than 6 months following the submission of State
reports, that evaluates the information provided in the State reports
under section 14008 and the information required by section 14005(b)(3)
including State-by-State information.
SEC. 14011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.
No recipient of funds under this title shall use such funds
to provide financial assistance to students to attend private
elementary or secondary schools.
SEC. 14012. FISCAL RELIEF.
(a) IN GENERAL- For the purpose of relieving fiscal burdens
on States and local educational agencies that have experienced a
precipitous decline in financial resources, the Secretary of Education
may waive or modify any requirement of this title relating to
maintaining fiscal effort.
(b) DURATION- A waiver or modification under this section
shall be for any of fiscal year 2009, fiscal year 2010, or fiscal year
2011, as determined by the Secretary.
(c) CRITERIA- The Secretary shall not grant a waiver or
modification under this section unless the Secretary determines that
the State or local educational agency receiving such waiver or
modification will not provide for elementary and secondary education,
for the fiscal year under consideration, a smaller percentage of the
total revenues available to the State or local educational agency than
the amount provided for such purpose in the preceding fiscal year.
(d) MAINTENANCE OF EFFORT- Upon prior approval from the
Secretary, a State or local educational agency that receives funds
under this title may treat any portion of such funds that is used for
elementary, secondary, or postsecondary education as non-Federal funds
for the purpose of any requirement to maintain fiscal effort under any
other program, including part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.), administered by the Secretary.
(e) SUBSEQUENT LEVEL OF EFFORT- Notwithstanding (d), the
level of effort required by a State or local educational agency for the
following fiscal year shall not be reduced.
SEC. 14013. DEFINITIONS.
Except as otherwise provided in this title, as used in this title--
(1) the terms `elementary education' and `secondary education' have the meaning given such terms under State law;
(2) the term `high-need local educational agency' means a local educational agency--
(A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or
(B) for which not less than 20 percent of the
children served by the agency are from families with incomes below the
poverty line;
(3) 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);
(4) the term `Secretary' means the Secretary of Education;
(5) the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and
(6) any other term used that is defined in section 9101
of the ESEA (20 U.S.C. 7801) shall have the meaning given the term in
such section.
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY
SEC. 1501. DEFINITIONS.
(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 1521.
(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 from appropriations made under
this Act.
(5) PANEL- The term `Panel' means the Recovery Independent Advisory Panel established in section 1541.
Subtitle A--Transparency and Oversight Requirements
SEC. 1511. CERTIFICATIONS.
With respect to covered funds made available to State or
local governments for infrastructure investments, 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. Such certification shall include a description of the
investment, the estimated total cost, and the amount of covered funds
to be used, and shall be posted on a website and linked to the website
established by section 1526. A State or local agency may not receive
infrastructure investment funding from funds made available in this Act
unless this certification is made and posted.
SEC. 1512. REPORTS ON USE OF FUNDS.
(a) Short Title- This section may be cited as the `Jobs Accountability Act'.
(b) Definitions- In this section:
(1) RECIPIENT- The term `recipient'--
(A) means any entity that receives recovery funds
directly from the Federal Government (including recovery funds received
through grant, loan, or contract) other than an individual; and
(B) includes a State that receives recovery funds.
(2) RECOVERY FUNDS- The term `recovery funds' means any funds that are made available from appropriations made 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 a Federal 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;
(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
(E) for infrastructure investments made by State
and local governments, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds made
available under this Act, and name of the person to contact at the
agency if there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or
subgrants awarded by the recipient to include the data elements
required to comply with the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), allowing aggregate
reporting on awards below $25,000 or to individuals, as prescribed by
the Director of the Office of Management and Budget.
(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 45 days after such
reports are submitted.
(f) COMPLIANCE- Within 180 days of enactment, as a
condition of receipt of funds under this Act, Federal agencies shall
require any recipient of such funds to provide the information required
under subsection (c).
(g) GUIDANCE- Federal agencies, in coordination with the
Director of the Office of Management and Budget, shall provide for
user-friendly means for recipients of covered funds to meet the
requirements of this section.
(h) REGISTRATION- Funding recipients required to report
information per subsection (c)(4) must register with the Central
Contractor Registration database or complete other registration
requirements as determined by the Director of the Office of Management
and Budget.
SEC. 1513. 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 quarterly
reports to the Committees on Appropriations of the Senate and House of
Representatives 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 1530.
SEC. 1514. INSPECTOR GENERAL REVIEWS.
(a) Reviews- Any inspector general of a Federal department
or executive agency shall review, as appropriate, any concerns raised
by the public about specific investments using funds made available in
this Act. Any findings of such reviews not related to an ongoing
criminal proceeding shall be relayed immediately to the head of the
department or agency concerned. In addition, the findings of such
reviews, along with any audits conducted by any inspector general of
funds made available in this Act, shall be posted on the inspector
general's website and linked to the website established by section
1526, except that portions of reports may be redacted to the extent the
portions would disclose information that is protected from public
disclosure under sections 552 and 552a of title 5, United States Code.
SEC. 1515. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS AND EMPLOYEES.
(a) Access- With respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of
1978 (5 U.S.C. App.), is authorized--
(1) to examine any records of the contractor or
grantee, any of its subcontractors or subgrantees, or any State or
local agency administering such contract, that pertain to, and involve
transactions relating to, the contract, subcontract, grant, or
subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions.
(b) Relationship to Existing Authority- Nothing in this
section shall be interpreted to limit or restrict in any way any
existing authority of an inspector general.
Subtitle B--Recovery Accountability and Transparency Board
SEC. 1521. 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. 1522. COMPOSITION OF BOARD.
(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.
(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. 1523. FUNCTIONS OF THE BOARD.
(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 or reviewing covered funds to
determine whether wasteful spending, poor contract or grant management,
or other abuses are occurring and referring matters it considers
appropriate for investigation to the inspector general for the agency
that disbursed the covered funds;
(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,
including coordinating and collaborating to the extent practicable with
the Inspectors General Council on Integrity and Efficiency established
by the Inspector General Reform Act of 2008 (Public Law 110-409).
(1) FLASH AND OTHER REPORTS- The Board shall submit to
the President and Congress, including the Committees on Appropriations
of the Senate and House of Representatives, reports, to be known as
`flash reports', on potential management and funding problems that
require immediate attention. The Board also shall submit to Congress
such other reports as the Board considers appropriate on the use and
benefits of funds made available in this Act.
(2) QUARTERLY 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.
(3) ANNUAL REPORTS- The Board shall submit annual
reports to the President and Congress, including the Committees on
Appropriations of the Senate and House of Representatives,
consolidating applicable quarterly reports on the use of covered funds.
(A) IN GENERAL- All reports submitted under this
subsection shall be made publicly available and posted on the website
established by section 1526.
(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 sections 552 and 552a of title 5, United States Code.
(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. 1524. POWERS OF THE BOARD.
(a) In General- The Board shall conduct audits and reviews
of spending of covered funds and coordinate on such activities with the
inspectors general of the relevant agency to avoid duplication and
overlap of work.
(b) Audits and Reviews- The Board may--
(1) conduct its own independent audits and reviews relating to covered funds; and
(2) collaborate on audits and reviews relating to covered funds with any inspector general of an agency.
(1) AUDITS AND REVIEWS- In conducting audits and
reviews, the Board shall have the authorities provided under section 6
of the Inspector General Act of 1978 (5 U.S.C. App.). Additionally, the
Board may issue subpoenas to compel the testimony of persons who are
not Federal officers or employees and may enforce such subpoenas in the
same manner as provided for inspector general subpoenas 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 necessary inquiries. 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 at such public hearings. Any such subpoenas may
be enforced in the same manner as provided for inspector general
subpoenas 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, reviews, or other activities related to
oversight by the Board of covered funds to any office of inspector
general, the Office of Management and Budget, the General Services
Administration, and the Panel.
SEC. 1525. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.
(a) Employment and Personnel Authorities-
(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 1530.
(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. 1526. BOARD WEBSITE.
(a) Establishment- The Board shall establish and maintain,
no later than 30 days after enactment of this Act, 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 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 Federal Government that expend covered funds,
including information about the competitiveness of the contracting
process, information about the process that was used for the award of
contracts, and for contracts over $500,000 a summary of the contract.
(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 include detailed information on
Federal Government contracts and grants that expend covered funds, to
include the data elements required to comply with the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282),
allowing aggregate reporting on awards below $25,000 or to individuals,
as prescribed by the Director of the Office of Management and Budget.
(8) The website shall provide a link to estimates of the jobs sustained or created by the Act.
(9) The website shall provide a link to information
about announcements of grant competitions and solicitations for
contracts to be awarded.
(10) The website shall include appropriate links to
other government websites with information concerning covered funds,
including Federal agency and State websites.
(11) The website shall include a plan from each Federal agency for using funds made available in this Act to the agency.
(12) The website shall provide information on Federal
allocations of formula grants and awards of competitive grants using
covered funds.
(13) The website shall provide information on Federal
allocations of mandatory and other entitlement programs by State,
county, or other appropriate geographical unit.
(14) To the extent practical, the website shall
provide, organized by the location of the job opportunities involved,
links to and information about how to access job opportunities,
including, if possible, links to or information about local employment
agencies, job banks operated by State workforce agencies, the
Department of Labor's CareerOneStop website, State, local and other
public agencies receiving Federal funding, and private firms contracted
to perform work with Federal funding, in order to direct job seekers to
job opportunities created by this Act.
(15) 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 or to protect information that is not
subject to disclosure under sections 552 and 552a of title 5, United
States Code.
SEC. 1527. 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. The inspector
general's decision shall be final.
SEC. 1528. 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 auditors.
SEC. 1529. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to carry out this subtitle.
SEC. 1530. TERMINATION OF THE BOARD.
The Board shall terminate on September 30, 2013.
Subtitle C--Recovery Independent Advisory Panel
SEC. 1541. 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. 1542. 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. 1543. 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. 1544. 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.
(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 Panel with administrative support
services, including the provision of office space and facilities.
SEC. 1545. TERMINATION OF THE PANEL.
The Panel shall terminate on September 30, 2013.
SEC. 1546. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to carry out this subtitle.
Subtitle D--Additional Accountability and Transparency Requirements
SEC. 1551. AUTHORITY TO ESTABLISH SEPARATE FUNDING ACCOUNTS.
Although this Act provides supplemental appropriations for
programs, projects, and activities in existing Treasury accounts, to
facilitate tracking these funds through Treasury and agency accounting
systems, the Secretary of the Treasury shall ensure that all funds
appropriated in this Act shall be established in separate Treasury
accounts, unless a waiver from this provision is approved by the
Director of the Office of Management and Budget.
SEC. 1552. SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING AND RECORDKEEPING.
Federal agencies receiving funds under this Act, may, after
following the notice and comment rulemaking requirements under the
Administrative Procedures Act (5 U.S.C. 500), reasonably adjust
applicable limits on administrative expenditures for Federal awards to
help award recipients defray the costs of data collection requirements
initiated pursuant to this Act.
SEC. 1553. 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, including a disclosure made in the ordinary course of an
employee's duties, to the Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the
employee (or such other person working for the employer who has the
authority to investigate, discover, or terminate misconduct), a court
or grand jury, 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 related to the implementation or use of covered funds;
(4) an abuse of authority related to the implementation or use of covered funds; or
(5) a violation of law, rule, or regulation 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 regarding the reprisal to the appropriate inspector
general. Except as provided under paragraph (3), unless the inspector
general determines that the complaint is frivolous, does not relate to
covered funds, or another Federal or State judicial or administrative
proceeding has previously been invoked to resolve such complaint, 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, not later than 180 days
after receiving a complaint under paragraph (1)--
(i) make a determination that the complaint is
frivolous, does not relate to covered funds, or another Federal or
State judicial or administrative proceeding has previously been invoked
to resolve such complaint; or
(ii) submit a report under paragraph (1).
(i) VOLUNTARY EXTENSION AGREED TO BETWEEN
INSPECTOR GENERAL AND COMPLAINANT- If the inspector general is unable
to complete an investigation under this section 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.
(ii) EXTENSION GRANTED BY INSPECTOR GENERAL- If
the inspector general is unable to complete an investigation under this
section in time to submit a report within the 180-day period specified
under subparagraph (A), the inspector general may extend the period for
not more than 180 days without agreeing with the person submitting the
complaint to such extension, provided that the inspector general
provides a written explanation (subject to the authority to exclude
information under paragraph (4)(C)) for the decision, which shall be
provided to both the person submitting the complaint and the
non-Federal employer.
(iii) SEMI-ANNUAL REPORT ON EXTENSIONS- The
inspector general shall include in semi-annual reports to Congress a
list of those investigations for which the inspector general received
an extension.
(3) DISCRETION NOT TO INVESTIGATE COMPLAINTS-
(A) IN GENERAL- The inspector general may decide
not to conduct or continue an investigation under this section upon
providing to the person submitting the complaint and the non-Federal
employer a written explanation (subject to the authority to exclude
information under paragraph (4)(C)) for such decision.
(B) ASSUMPTION OF RIGHTS TO CIVIL REMEDY- Upon
receipt of an explanation of a decision not to conduct or continue an
investigation under subparagraph (A), the person submitting a complaint
shall immediately assume the right to a civil remedy under subsection
(c)(3) as if the 210-day period specified under such subsection has
already passed.
(C) SEMI-ANNUAL REPORT- The inspector general shall
include in semi-annual reports to Congress a list of those
investigations the inspector general decided not to conduct or continue
under this paragraph.
(4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GENERAL-
(A) IN GENERAL- The person alleging a reprisal
under this section shall have access to the investigation file of the
appropriate inspector general in accordance with section 552a of title
5, United States Code (commonly referred to as the `Privacy Act'). The
investigation of the inspector general shall be deemed closed for
purposes of disclosure under such section when an employee files an
appeal to an agency head or a court of competent jurisdiction.
(B) CIVIL ACTION- In the event the person alleging
the reprisal brings suit under subsection (c)(3), the person alleging
the reprisal and the non-Federal employer shall have access to the
investigative file of the inspector general in accordance with the
Privacy Act.
(C) EXCEPTION- The inspector general may exclude from disclosure--
(i) information protected from disclosure by a provision of law; and
(ii) any additional information the inspector
general determines disclosure of which would impede a continuing
investigation, provided that such information is disclosed once such
disclosure would no longer impede such investigation, unless the
inspector general determines that disclosure of law enforcement
techniques, procedures, or information could reasonably be expected to
risk circumvention of the law or disclose the identity of a
confidential source.
(5) PRIVACY OF INFORMATION- An inspector general
investigating an alleged reprisal under this section may not respond to
any inquiry or disclose any information from or about any person
alleging such reprisal, except in accordance with the provisions of
section 552a of title 5, United States Code, or as required by any
other applicable Federal law.
(c) Remedy and Enforcement Authority-
(A) DISCLOSURE AS CONTRIBUTING FACTOR IN REPRISAL-
(i) IN GENERAL- A person alleging a reprisal
under this section shall be deemed to have affirmatively established
the occurrence of the reprisal if the person demonstrates that a
disclosure described in subsection (a) was a contributing factor in the
reprisal.
(ii) USE OF CIRCUMSTANTIAL EVIDENCE- A
disclosure may be demonstrated as a contributing factor in a reprisal
for purposes of this paragraph by circumstantial evidence, including--
(I) evidence that the official undertaking the reprisal knew of the disclosure; or
(II) evidence that the reprisal occurred
within a period of time after the disclosure such that a reasonable
person could conclude that the disclosure was a contributing factor in
the reprisal.
(B) OPPORTUNITY FOR REBUTTAL- The head of an agency
may not find the occurrence of a reprisal with respect to a reprisal
that is affirmatively established under subparagraph (A) if the
non-Federal employer demonstrates by clear and convincing evidence that
the non-Federal employer would have taken the action constituting the
reprisal in the absence of the disclosure.
(2) 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 in whole or in part 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), compensatory damages, 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 or a court of competent jurisdiction.
(3) CIVIL ACTION- If the head of an agency issues an
order denying relief in whole or in part under paragraph (1), 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)(i), within 30 days after the expiration of the
extension of time, or decides under subsection (b)(3) not to
investigate or to discontinue an investigation, and there is no showing
that such delay or decision 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.
(4) JUDICIAL ENFORCEMENT OF ORDER- Whenever a person
fails to comply with an order issued under paragraph (2), 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,
compensatory and exemplary damages, and attorneys fees and costs.
(5) JUDICIAL REVIEW- Any person adversely affected or
aggrieved by an order issued under paragraph (2) 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) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes-
(1) WAIVER OF RIGHTS AND REMEDIES- Except as provided
under paragraph (3), the rights and remedies provided for in this
section may not be waived by any agreement, policy, form, or condition
of employment, including by any predispute arbitration agreement.
(2) PREDISPUTE ARBITRATION AGREEMENTS- Except as
provided under paragraph (3), no predispute arbitration agreement shall
be valid or enforceable if it requires arbitration of a dispute arising
under this section.
(3) EXCEPTION FOR COLLECTIVE BARGAINING AGREEMENTS-
Notwithstanding paragraphs (1) and (2), an arbitration provision in a
collective bargaining agreement shall be enforceable as to disputes
arising under the collective bargaining agreement.
(e) Requirement to Post Notice of Rights and Remedies- Any
employer receiving covered funds shall post notice of the rights and
remedies provided under this section.
(f) Rules of Construction-
(1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PROTECTED
DISCLOSURES- 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.
(2) RELATIONSHIP TO STATE LAWS- Nothing in this section
may be construed to preempt, preclude, or limit the protections
provided for public or private employees under State whistleblower laws.
(g) Definitions- In this section:
(1) ABUSE OF AUTHORITY- The term `abuse of authority'
means an arbitrary and capricious exercise of authority by a
contracting official or employee that adversely affects the rights of
any person, or that results in personal gain or advantage to the
official or employee or to preferred other persons.
(2) COVERED FUNDS- The term `covered funds' means any
contract, grant, or other payment received by any non-Federal employer
if--
(A) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; and
(B) at least some of the funds are appropriated or otherwise made available by this Act.
(3) EMPLOYEE- The term `employee'--
(A) except as provided under subparagraph (B), means an individual performing services on behalf of an employer; and
(B) does not include any Federal employee or member
of the uniformed services (as that term is defined in section 101(a)(5)
of title 10, United States Code).
(4) NON-FEDERAL EMPLOYER- The term `non-Federal employer'--
(i) with respect to covered funds--
(I) the contractor, subcontractor, grantee,
or recipient, as the case may be, if the contractor, subcontractor,
grantee, or recipient is an employer; and
(II) any professional membership
organization, certification or other professional body, any agent or
licensee of the Federal government, or any person acting directly or
indirectly in the interest of an employer receiving covered funds; or
(ii) with respect to covered funds received by
a State or local government, the State or local government receiving
the funds and any contractor or subcontractor of the State or local
government; and
(B) does not mean any department, agency, or other entity of the Federal Government.
(5) STATE OR LOCAL GOVERNMENT- The term `State or local government' means--
(A) the government of each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the United
States; or
(B) the government of any political subdivision of a government listed in subparagraph (A).
SEC. 1554. SPECIAL CONTRACTING PROVISIONS.
To the maximum extent possible, contracts funded under this
Act shall be awarded as fixed-price contracts through the use of
competitive procedures. A summary of any contract awarded with such
funds that is not fixed-price and not awarded using competitive
procedures shall be posted in a special section of the website
established in section 1526.
TITLE XVI--GENERAL PROVISIONS--THIS ACT
RELATIONSHIP TO OTHER APPROPRIATIONS
Sec. 1601. 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).
PREFERENCE FOR QUICK-START ACTIVITIES
SEC. 1602. In using funds made available in this Act for
infrastructure investment, recipients shall give preference to
activities that can be started and completed expeditiously, including a
goal of using at least 50 percent of the funds for activities that can
be initiated not later than 120 days after the date of the enactment of
this Act. Recipients shall also use grant funds in a manner that
maximizes job creation and economic benefit.
PERIOD OF AVAILABILITY
SEC. 1603. All funds appropriated in this Act shall remain
available for obligation until September 30, 2010, unless expressly
provided otherwise in this Act.
LIMIT ON FUNDS
SEC. 1604. None of the funds appropriated or otherwise made
available in this Act may be used by any State or local government, or
any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
BUY AMERICAN
Sec. 1605. 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 or category
of cases 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 in 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
justification 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.
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and
in a manner consistent with other provisions in this Act, all laborers
and mechanics employed by contractors and subcontractors on projects
funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to this Act shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With
respect to the labor standards specified in this section, the Secretary
of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF FUNDS
SEC. 1607. (a) Certification by Governor- Not later than 45
days after the date of enactment of this Act, for funds provided to any
State or agency thereof, the Governor of the State shall certify that:
(1) the State will request and use funds provided by this Act; and (2)
the funds will be used to create jobs and promote economic growth.
(b) Acceptance by State Legislature- If funds provided to
any State in any division of this Act are not accepted for use by the
Governor, then acceptance by the State legislature, by means of the
adoption of a concurrent resolution, shall be sufficient to provide
funding to such State.
(c) Distribution- After the adoption of a State
legislature's concurrent resolution, funding to the State will be for
distribution to local governments, councils of government, public
entities, and public-private entities within the State either by
formula or at the State's discretion.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1608. 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)),'.
(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.
(b) 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.
(c) 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.
SEC. 1610. (a) None of the funds appropriated or otherwise
made available by this Act, for projects initiated after the effective
date of this Act, may be used by an executive agency to enter into any
Federal contract unless such contract is entered into in accordance
with the Federal Property and Administrative Services Act (41 U.S.C.
253) or chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.
(b) All projects to be conducted under the authority of the
Indian Self-Determination and Education Assistance Act, the
Tribally-Controlled Schools Act, the Sanitation and Facilities Act, the
Native American Housing and Self-Determination Assistance Act and the
Buy-Indian Act shall be identified by the appropriate Secretary and the
appropriate Secretary shall incorporate provisions to ensure that the
agreement conforms with the provisions of this Act regarding the timing
for use of funds and transparency, oversight, reporting, and
accountability, including review by the Inspectors General, the
Accountability and Transparency Board, and Government Accountability
Office, consistent with the objectives of this Act.
Sec. 1611. Hiring American Workers in Companies Receiving
TARP Funding. (a) SHORT TITLE- This section may be cited as the `Employ
American Workers Act'.
(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.
SEC. 1612. During the current fiscal year not to exceed 1
percent of any appropriation made available by this Act may be
transferred by an agency head between such appropriations funded in
this Act of that department or agency: Provided, That such
appropriations shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which
transferred: Provided further, That the agency head shall
notify the Committees on Appropriations of the Senate and House of
Representatives of the transfer 15 days in advance: Provided further,
That notice of any transfer made pursuant to this authority be posted
on the website established by the Recovery Act Accountability and
Transparency Board 15 days following such transfer: Provided further, That the authority contained in this section is in addition to transfer authorities otherwise available under current law: Provided further,
That the authority provided in this section shall not apply to any
appropriation that is subject to transfer provisions included elsewhere
in 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. Extension of and increase in first-time homebuyer credit; waiver of requirement to repay.
Sec. 1007. Suspension of tax on portion of unemployment compensation.
Sec. 1008. Additional 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.
Sec. 1104. Coordination with renewable energy grants.
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--Modification of Credit for Carbon Dioxide Sequestration
Sec. 1131. Application of monitoring requirements to carbon dioxide used as a tertiary injectant.
PART V--Plug-in Electric Drive Motor Vehicles
Sec. 1141. Credit for new qualified plug-in electric drive motor vehicles.
Sec. 1142. Credit for certain plug-in electric vehicles.
Sec. 1143. Conversion kits.
Sec. 1144. Treatment of alternative motor vehicle credit as a personal credit allowed against AMT.
PART VI--Parity for Transportation Fringe Benefits
Sec. 1151. Increased exclusion amount for commuter transit benefits and transit passes.
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--Small Business Provisions
Sec. 1211. 5-year carryback of operating losses of small businesses.
Sec. 1212. Decreased required estimated tax payments in 2009 for certain small businesses.
PART III--Incentives for New Jobs
Sec. 1221. Incentives to hire unemployed veterans and disconnected youth.
PART IV--Rules Relating to Debt Instruments
Sec. 1231. Deferral and ratable inclusion of income
arising from business indebtedness discharged by the reacquisition of a
debt instrument.
Sec. 1232. Modifications of rules for original issue discount on certain high yield obligations.
PART V--Qualified Small Business Stock
Sec. 1241. Special rules applicable to qualified small business stock for 2009 and 2010.
PART VI--S Corporations
Sec. 1251. Temporary reduction in recognition period for built-in gains tax.
PART VII--Rules Relating to Ownership Changes
Sec. 1261. Clarification of regulations related to limitations on certain built-in losses following an ownership change.
Sec. 1262. Treatment of certain ownership changes for
purposes of limitations on net operating loss carryforwards and certain
built-in losses.
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. Increase in new markets tax credit.
Sec. 1404. Coordination of low-income housing credit and low-income housing grants.
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.
PART V--Regulated Investment Companies Allowed to Pass-Thru Tax Credit Bond Credits
Sec. 1541. Regulated investment companies allowed to pass-thru tax credit bond credits.
Subtitle G--Other Provisions
Sec. 1601. Application of certain labor standards to projects financed with certain tax-favored bonds.
Sec. 1602. Grants to States for low-income housing projects in lieu of low-income housing credit allocations for 2009.
Sec. 1603. Grants for specified energy property in lieu of tax credits.
Sec. 1604. Increase in public debt limit.
Subtitle H--Prohibition on Collection of Certain Payments Made Under the Continued Dumping and Subsidy Offset Act of 2000
Sec. 1701. Prohibition on collection of certain payments made under the Continued Dumping and Subsidy Offset Act of 2000.
Subtitle I--Trade Adjustment Assistance
PART I--Trade Adjustment Assistance for Workers
subpart a--trade adjustment assistance for service sector workers
Sec. 1801. Extension of trade adjustment assistance to service sector and public agency workers; shifts in production.
Sec. 1802. Separate basis for certification.
Sec. 1803. Determinations by Secretary of Labor.
Sec. 1804. Monitoring and reporting relating to service sector.
subpart b--industry notifications following certain affirmative determinations
Sec. 1811. Notifications following certain affirmative determinations.
Sec. 1812. Notification to Secretary of Commerce.
subpart c--program benefits
Sec. 1821. Qualifying Requirements for Workers.
Sec. 1822. Weekly amounts.
Sec. 1823. Limitations on trade readjustment allowances; allowances for extended training and breaks in training.
Sec. 1824. Special rules for calculation of eligibility period.
Sec. 1825. Application of State laws and regulations on good cause for waiver of time limits or late filing of claims.
Sec. 1826. Employment and case management services.
Sec. 1827. Administrative expenses and employment and case management services.
Sec. 1828. Training funding.
Sec. 1829. Prerequisite education; approved training programs.
Sec. 1830. Pre-layoff and part-time training.
Sec. 1831. On-the-job training.
Sec. 1832. Eligibility for unemployment insurance and program benefits while in training.
Sec. 1833. Job search and relocation allowances.
subpart d--reemployment trade adjustment assistance program
Sec. 1841. Reemployment trade adjustment assistance program.
subpart e--other matters
Sec. 1851. Office of Trade Adjustment Assistance.
Sec. 1852. Accountability of State agencies; collection and publication of program data; agreements with States.
Sec. 1853. Verification of eligibility for program benefits.
Sec. 1854. Collection of data and reports; information to workers.
Sec. 1855. Fraud and recovery of overpayments.
Sec. 1856. Sense of Congress on application of trade adjustment assistance.
Sec. 1857. Consultations in promulgation of regulations.
Sec. 1858. Technical corrections.
PART II--Trade Adjustment Assistance for Firms
Sec. 1861. Expansion to service sector firms.
Sec. 1862. Modification of requirements for certification.
Sec. 1863. Basis for determinations.
Sec. 1864. Oversight and administration; authorization of appropriations.
Sec. 1865. Increased penalties for false statements.
Sec. 1866. Annual report on trade adjustment assistance for firms.
Sec. 1867. Technical corrections.
PART III--Trade Adjustment Assistance for Communities
Sec. 1872. Trade adjustment assistance for communities.
Sec. 1873. Conforming amendments.
PART IV--Trade Adjustment Assistance for Farmers
Sec. 1885. Fraud and recovery of overpayments.
Sec. 1886. Determination of increases of imports for certain fishermen.
Sec. 1887. Extension of trade adjustment assistance for farmers.
PART V--General Provisions
Sec. 1891. Effective date.
Sec. 1892. Extension of trade adjustment assistance programs.
Sec. 1893. Termination; related provisions.
Sec. 1894. Government Accountability Office report.
Sec. 1895. Emergency designation.
PART VI--Health Coverage Improvement
Sec. 1899A. Improvement of the affordability of the credit.
Sec. 1899B. Payment for monthly premiums paid prior to commencement of advance payments of credit.
Sec. 1899C. TAA recipients not enrolled in training programs eligible for credit.
Sec. 1899D. TAA pre-certification period rule for
purposes of determining whether there is a 63-day lapse in creditable
coverage.
Sec. 1899E. Continued qualification of family members after certain events.
Sec. 1899F. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients.
Sec. 1899G. Addition of coverage through voluntary employees' beneficiary associations.
Sec. 1899H. Notice requirements.
Sec. 1899I. Survey and report on enhanced health coverage tax credit program.
Sec. 1899J. Authorization of appropriations.
Sec. 1899K. Extension of national emergency grants.
Sec. 1899L. GAO study and report.
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) $400 ($800 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 2 percent of so much of the taxpayer's modified adjusted gross
income as exceeds $75,000 ($150,000 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 2201, and any credit allowed to the taxpayer under
section 2202, of the American Recovery and Reinvestment Tax Act of 2009.
`(d) Definitions and Special Rules- For purposes of this section--
`(1) ELIGIBLE INDIVIDUAL-
`(A) IN GENERAL- The term `eligible individual' means any individual other than--
`(i) any nonresident alien individual,
`(ii) 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
`(iii) an estate or trust.
`(B) IDENTIFICATION NUMBER REQUIREMENT- Such term
shall not include any individual who does not include on the return of
tax for the taxable year--
`(i) such individual's social security account number, and
`(ii) in the case of a joint return, the social security account number of one of the taxpayers on such return.
For purposes of the preceding sentence, the social
security account number shall not include a TIN issued by the Internal
Revenue Service.
`(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 social security account number required
under section 36A(d)(1)(B).'.
(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 $3,000.'.
(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--
`(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- 40 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 6211(b)(4)(A) is amended by inserting `25A by reason of subsection (i)(6) thereof,' after `24(d),'.
(8) Section 1324(b)(2) of title 31, United States Code, is amended by inserting `25A,' before `35'.
(c) 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 application of section 25A(i)(6) of the Internal Revenue
Code of 1986 (as added 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
application of section 25A(i)(6) of such Code (as so added) 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- Section 25A(i)(6) of such Code (as added by this
section) shall not apply to a bona fide resident of any possession of
the United States.
(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 25A of the Internal Revenue Code of 1986
by reason of subsection (i)(6) of such section (as added by this
section).
(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
(e) 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.
(f) Treasury Studies Regarding Education Incentives-
(1) STUDY REGARDING COORDINATION WITH NON-TAX STUDENT
FINANCIAL ASSISTANCE- The Secretary of the Treasury and the Secretary
of Education, or their delegates, shall--
(A) 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 to maximize their effectiveness at promoting college
affordability, and
(B) examine ways to expedite the delivery of the tax credit.
(2) STUDY REGARDING INCLUSION OF COMMUNITY SERVICE
REQUIREMENTS- The Secretary of the Treasury and the Secretary of
Education, or their delegates, shall study the feasibility of requiring
including 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. EXTENSION OF AND INCREASE IN FIRST-TIME HOMEBUYER CREDIT; WAIVER OF REQUIREMENT TO REPAY.
(1) IN GENERAL- Section 36(h) is amended by striking `July 1, 2009' and inserting `December 1, 2009'.
(2) CONFORMING AMENDMENT- Section 36(g) is amended by striking `July 1, 2009' and inserting `December 1, 2009'.
(1) IN GENERAL- Section 36(b) is amended by striking `$7,500' each place it appears and inserting `$8,000'.
(2) CONFORMING AMENDMENT- Section 36(b)(1)(B) is amended by striking `$3,750' and inserting `$4,000'.
(1) IN GENERAL- Paragraph (4) of section 36(f) is amended by adding at the end the following new subparagraph:
`(D) WAIVER OF RECAPTURE FOR PURCHASES IN 2009- In
the case of any credit allowed with respect to the purchase of a
principal residence after December 31, 2008, and before December 1,
2009--
`(i) paragraph (1) shall not apply, and
`(ii) paragraph (2) shall apply only if the
disposition or cessation described in paragraph (2) with respect to
such residence occurs during the 36-month period beginning on the date
of the purchase of such residence by the taxpayer.'.
(2) CONFORMING AMENDMENT- Subsection (g) of section 36
is amended by striking `subsection (c)' and inserting `subsections (c)
and (f)(4)(D)'.
(d) Coordination With First-Time Homebuyer Credit for District of Columbia-
(1) IN GENERAL- Subsection (e) of section 1400C is amended by adding at the end the following new paragraph:
`(4) COORDINATION WITH NATIONAL FIRST-TIME HOMEBUYERS
CREDIT- No credit shall be allowed under this section to any taxpayer
with respect to the purchase of a residence after December 31, 2008,
and before December 1, 2009, if a credit under section 36 is allowable
to such taxpayer (or the taxpayer's spouse) with respect to such
purchase.'.
(2) CONFORMING AMENDMENT- Section 36(d) is amended by striking paragraph (1).
(e) Removal of Prohibition on Financing by Mortgage Revenue
Bonds- Section 36(d), as amended by subsection (c)(2), is amended by
striking paragraph (2) and by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2), respectively.
(f) Effective Date- The amendments made by this section shall apply to residences purchased after December 31, 2008.
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. ADDITIONAL DEDUCTION FOR STATE SALES TAX AND EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR VEHICLES.
(a) In General- Subsection (a) of section 164 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 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.
`(B) LIMITATION BASED ON VEHICLE PRICE- The amount
of any State or local sales or excise tax imposed on the purchase of a
qualified motor vehicle taken into account under subparagraph (A) shall
not exceed the portion of such tax attributable to so much of the
purchase price as does not exceed $49,500.
`(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
For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted gross income of the
taxpayer for the taxable year (determined without regard to sections
911, 931, and 933).
`(D) QUALIFIED MOTOR VEHICLE- For purposes of this paragraph--
`(i) IN GENERAL- The term `qualified motor vehicle' means--
`(I) a passenger automobile or light truck
which is treated as a motor vehicle for purposes of title II of the
Clean Air Act, the gross vehicle weight rating of which is not more
than 8,500 pounds, and the original use of which commences with the
taxpayer,
`(II) a motorcycle the gross vehicle weight
rating of which is not more than 8,500 pounds and the original use of
which commences with the taxpayer, and
`(III) a motor home the original use of which commences with the taxpayer.
`(ii) OTHER TERMS- The terms `motorcycle' and
`motor home' have the meanings given such terms under section 571.3 of
title 49, Code of Federal Regulations (as in effect on the date of the
enactment of this paragraph).
`(E) 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.
`(F) 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.
`(G) TERMINATION- This paragraph shall not apply to purchases after December 31, 2009.'.
(c) Deduction Allowed to Nonitemizers-
(1) IN GENERAL- Paragraph (1) of section 63(c) is
amended by striking `and' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting `, and', and by
adding at the end the following new subparagraph:
`(E) the motor vehicle sales tax deduction.'.
(2) DEFINITION- Section 63(c) is amended by adding at the end the following new paragraph:
`(9) MOTOR VEHICLE SALES TAX DEDUCTION- For purposes of
paragraph (1), the term `motor vehicle sales tax deduction' means the
amount allowable as a deduction under section 164(a)(6). Such term
shall not include any amount taken into account under section 62(a).'.
(d) Treatment of Deduction Under Alternative Minimum Tax-
The last sentence of section 56(b)(1)(E) is amended by striking
`section 63(c)(1)(D)' and inserting `subparagraphs (D) and (E) of
section 63(c)(1)'.
(e) Effective Date- The amendments made by this section
shall apply to purchases on or after the date of the enactment of this
Act in taxable years ending after such date.
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.'.
(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 property which is part of a qualified investment credit facility--
`(i) such property 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 qualified facility
(within the meaning of section 45) 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 qualified facility
(within the meaning of section 45) 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.
`(D) QUALIFIED PROPERTY- For purposes of this paragraph, the term `qualified property' means property--
`(I) tangible personal property, or
`(II) other tangible property (not
including a building or its structural components), but only if such
property is used as an integral part of the qualified investment credit
facility, and
`(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.'.
(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)'.
(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
subparagraphs (A) and (B) of subsection (b)(2) shall apply to taxable
years beginning after December 31, 2008.
SEC. 1104. COORDINATION WITH RENEWABLE ENERGY GRANTS.
Section 48 is amended by adding at the end the following new subsection:
`(d) Coordination With Department of Treasury Grants- In
the case of any property with respect to which the Secretary makes a
grant under section 1603 of the American Recovery and Reinvestment Tax
Act of 2009--
`(1) DENIAL OF PRODUCTION AND INVESTMENT CREDITS- No
credit shall be determined under this section or section 45 with
respect to such property for the taxable year in which such grant is
made or any subsequent taxable year.
`(2) RECAPTURE OF CREDITS FOR PROGRESS EXPENDITURES
MADE BEFORE GRANT- If a credit was determined under this section with
respect to such property for any taxable year ending before such grant
is made--
`(A) the tax imposed under subtitle A on the
taxpayer for the taxable year in which such grant is made shall be
increased by so much of such credit as was allowed under section 38,
`(B) the general business carryforwards under
section 39 shall be adjusted so as to recapture the portion of such
credit which was not so allowed, and
`(C) the amount of such grant shall be determined
without regard to any reduction in the basis of such property by reason
of such credit.
`(3) TREATMENT OF GRANTS- Any such grant shall--
`(A) not be includible in the gross income of the taxpayer, but
`(B) shall be taken into account in determining the
basis of the property to which such grant relates, except that the
basis of such property shall be reduced under section 50(c) in the same
manner as a credit allowed under subsection (a).'.
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-
(1) IN GENERAL- 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'.
(2) SPECIAL RULES FOR BONDS FOR IMPLEMENTING GREEN
COMMUNITY PROGRAMS- Subsection (e) of section 54D is amended by adding
at the end the following new paragraph:
`(4) SPECIAL RULES FOR BONDS TO IMPLEMENT GREEN
COMMUNITY PROGRAMS- In the case of any bond issued for the purpose of
providing loans, grants, or other repayment mechanisms for capital
expenditures to implement green community programs, such bond shall not
be treated as a private activity bond for purposes of paragraph (3).'.
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:
`(D) 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'.
(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 the date of the
enactment of this Act.
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) Effective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2008.
PART IV--MODIFICATION OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION
SEC. 1131. 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(a)(1)(B) is amended by inserting `and
not used by the taxpayer as described in paragraph (2)(B)' after
`storage'.
(3) 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 V--PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES
SEC. 1141. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
(a) In General- Section 30D is amended to read as follows:
`SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
`(a) Allowance of Credit- 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 credit amounts determined under
subsection (b) with respect to each new qualified plug-in electric
drive motor vehicle placed in service by the taxpayer during the
taxable year.
`(b) Per Vehicle Dollar Limitation-
`(1) IN GENERAL- The amount determined under this
subsection with respect to any new qualified plug-in electric drive
motor vehicle is the sum of the amounts determined under paragraphs (2)
and (3) with respect to such vehicle.
`(2) BASE AMOUNT- The amount determined under this paragraph is $2,500.
`(3) BATTERY CAPACITY- In the case of a vehicle which
draws propulsion energy from a battery with not less than 5 kilowatt
hours of capacity, the amount determined under this paragraph is $417,
plus $417 for each kilowatt hour of capacity in excess of 5 kilowatt
hours. The amount determined under this paragraph shall not exceed
$5,000.
`(c) Application With Other Credits-
`(1) BUSINESS CREDIT TREATED AS PART OF GENERAL
BUSINESS CREDIT- So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard to this
subsection) that is attributable to property of a character subject to
an allowance for depreciation shall be treated as a credit listed in
section 38(b) for such taxable year (and not allowed under subsection
(a)).
`(A) IN GENERAL- For purposes of this title, the
credit allowed under subsection (a) for any taxable year (determined
after application of paragraph (1)) shall be treated as a credit
allowable under subpart A for such taxable year.
`(B) 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 (determined after
application of paragraph (1)) shall not exceed the excess of--
`(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
`(ii) the sum of the credits allowable under
subpart A (other than this section and sections 23 and 25D) and section
27 for the taxable year.
`(d) New Qualified Plug-in Electric Drive Motor Vehicle- For purposes of this section--
`(1) IN GENERAL- The term `new qualified plug-in electric drive motor vehicle' means a motor vehicle--
`(A) the original use of which commences with the taxpayer,
`(B) which is acquired for use or lease by the taxpayer and not for resale,
`(C) which is made by a manufacturer,
`(D) which is treated as a motor vehicle for purposes of title II of the Clean Air Act,
`(E) which has a gross vehicle weight rating of less than 14,000 pounds, and
`(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--
`(i) has a capacity of not less than 4 kilowatt hours, and
`(ii) is capable of being recharged from an external source of electricity.
`(2) MOTOR VEHICLE- The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public streets,
roads, and highways (not including a vehicle operated exclusively on a
rail or rails) and which has at least 4 wheels.
`(3) MANUFACTURER- The term `manufacturer' has the
meaning given such term in regulations prescribed by the Administrator
of the Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521 et
seq.).
`(4) BATTERY CAPACITY- The term `capacity' means, with
respect to any battery, the quantity of electricity which the battery
is capable of storing, expressed in kilowatt hours, as measured from a
100 percent state of charge to a 0 percent state of charge.
`(e) Limitation on Number of New Qualified Plug-in Electric Drive Motor Vehicles Eligible for Credit-
`(1) IN GENERAL- In the case of a new qualified plug-in
electric drive motor vehicle sold during the phaseout period, only the
applicable percentage of the credit otherwise allowable under
subsection (a) shall be allowed.
`(2) PHASEOUT PERIOD- For purposes of this subsection,
the phaseout period is the period beginning with the second calendar
quarter following the calendar quarter which includes the first date on
which the number of new qualified plug-in electric drive motor vehicles
manufactured by the manufacturer of the vehicle referred to in
paragraph (1) sold for use in the United States after December 31,
2009, is at least 200,000.
`(3) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--
`(A) 50 percent for the first 2 calendar quarters of the phaseout period,
`(B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, and
`(C) 0 percent for each calendar quarter thereafter.
`(4) CONTROLLED GROUPS- Rules similar to the rules of section 30B(f)(4) shall apply for purposes of this subsection.
`(1) BASIS REDUCTION- For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so allowed.
`(2) NO DOUBLE BENEFIT- The amount of any deduction or
other credit allowable under this chapter for a new qualified plug-in
electric drive motor vehicle shall be reduced by the amount of credit
allowed under subsection (a) for such vehicle.
`(3) PROPERTY USED BY TAX-EXEMPT ENTITY- In the case of
a vehicle the use of which is described in paragraph (3) or (4) of
section 50(b) and which is not subject to a lease, the person who sold
such vehicle to the person or entity using such vehicle shall be
treated as the taxpayer that placed such vehicle in service, but only
if such person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with respect to
such vehicle (determined without regard to subsection (c)).
`(4) PROPERTY USED OUTSIDE UNITED STATES NOT QUALIFIED-
No credit shall be allowable under subsection (a) with respect to any
property referred to in section 50(b)(1).
`(5) RECAPTURE- The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable under
subsection (a) with respect to any property which ceases to be property
eligible for such credit.
`(6) ELECTION NOT TO TAKE CREDIT- No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer elects to
not have this section apply to such vehicle.
`(7) INTERACTION WITH AIR QUALITY AND MOTOR VEHICLE
SAFETY STANDARDS- A motor vehicle shall not be considered eligible for
a credit under this section unless such vehicle is in compliance with--
`(A) the applicable provisions of the Clean Air Act
for the applicable make and model year of the vehicle (or applicable
air quality provisions of State law in the case of a State which has
adopted such provision under a waiver under section 209(b) of the Clean
Air Act), and
`(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code.'.
(b) Conforming Amendments-
(1) Section 30B(d)(3)(D) is amended by striking `subsection (d) thereof' and inserting `subsection (c) thereof'.
(2) Section 38(b)(35) is amended by striking `30D(d)(1)' and inserting `30D(c)(1)'.
(3) Section 1016(a)(25) is amended by striking `section 30D(e)(4)' and inserting `section 30D(f)(1)'.
(4) Section 6501(m) is amended by striking `section 30D(e)(9)' and inserting `section 30D(e)(4)'.
(c) Effective Date- The amendments made by this section shall apply to vehicles acquired after December 31, 2009.
SEC. 1142. CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.
(a) In General- Section 30 is amended to read as follows:
`SEC. 30. CERTAIN PLUG-IN ELECTRIC VEHICLES.
`(a) Allowance of Credit- There shall be allowed as a
credit against the tax imposed by this chapter for the taxable year an
amount equal to 10 percent of the cost of any qualified plug-in
electric vehicle placed in service by the taxpayer during the taxable
year.
`(b) Per Vehicle Dollar Limitation- The amount of the
credit allowed under subsection (a) with respect to any vehicle shall
not exceed $2,500.
`(c) Application With Other Credits-
`(1) BUSINESS CREDIT TREATED AS PART OF GENERAL
BUSINESS CREDIT- So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard to this
subsection) that is attributable to property of a character subject to
an allowance for depreciation shall be treated as a credit listed in
section 38(b) for such taxable year (and not allowed under subsection
(a)).
`(A) IN GENERAL- For purposes of this title, the
credit allowed under subsection (a) for any taxable year (determined
after application of paragraph (1)) shall be treated as a credit
allowable under subpart A for such taxable year.
`(B) 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 (determined after
application of paragraph (1)) shall not exceed the excess of--
`(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
`(ii) the sum of the credits allowable under
subpart A (other than this section and sections 23, 25D, and 30D) and
section 27 for the taxable year.
`(d) Qualified Plug-in Electric Vehicle- For purposes of this section--
`(1) IN GENERAL- The term `qualified plug-in electric vehicle' means a specified vehicle--
`(A) the original use of which commences with the taxpayer,
`(B) which is acquired for use or lease by the taxpayer and not for resale,
`(C) which is made by a manufacturer,
`(D) which is manufactured primarily for use on public streets, roads, and highways,
`(E) which has a gross vehicle weight rating of less than 14,000 pounds, and
`(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--
`(i) has a capacity of not less than 4 kilowatt hours (2.5 kilowatt hours in the case of a vehicle with 2 or 3 wheels), and
`(ii) is capable of being recharged from an external source of electricity.
`(2) SPECIFIED VEHICLE- The term `specified vehicle' means any vehicle which--
`(A) is a low speed vehicle within the meaning of
section 571.3 of title 49, Code of Federal Regulations (as in effect on
the date of the enactment of the American Recovery and Reinvestment Tax
Act of 2009), or
`(3) MANUFACTURER- The term `manufacturer' has the
meaning given such term in regulations prescribed by the Administrator
of the Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521 et
seq.).
`(4) BATTERY CAPACITY- The term `capacity' means, with
respect to any battery, the quantity of electricity which the battery
is capable of storing, expressed in kilowatt hours, as measured from a
100 percent state of charge to a 0 percent state of charge.
`(1) BASIS REDUCTION- For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so allowed.
`(2) NO DOUBLE BENEFIT- The amount of any deduction or
other credit allowable under this chapter for a new qualified plug-in
electric drive motor vehicle shall be reduced by the amount of credit
allowable under subsection (a) for such vehicle.
`(3) PROPERTY USED BY TAX-EXEMPT ENTITY- In the case of
a vehicle the use of which is described in paragraph (3) or (4) of
section 50(b) and which is not subject to a lease, the person who sold
such vehicle to the person or entity using such vehicle shall be
treated as the taxpayer that placed such vehicle in service, but only
if such person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with respect to
such vehicle (determined without regard to subsection (c)).
`(4) PROPERTY USED OUTSIDE UNITED STATES NOT QUALIFIED-
No credit shall be allowable under subsection (a) with respect to any
property referred to in section 50(b)(1).
`(5) RECAPTURE- The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable under
subsection (a) with respect to any property which ceases to be property
eligible for such credit.
`(6) ELECTION NOT TO TAKE CREDIT- No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer elects to
not have this section apply to such vehicle.
`(f) Termination- This section shall not apply to any vehicle acquired after December 31, 2011.'.
(b) Conforming Amendments-
(1)(A) Section 24(b)(3)(B) is amended by inserting `30,' after `25D,'.
(B) Section 25(e)(1)(C)(ii) is amended by inserting `30,' after `25D,'.
(C) Section 25B(g)(2) is amended by inserting `30,' after `25D,'.
(D) Section 26(a)(1) is amended by inserting `30,' after `25D,'.
(E) Section 904(i) is amended by striking `and 25B' and inserting `25B, 30, and 30D'.
(F) Section 1400C(d)(2) is amended by striking `and 25D' and inserting `25D, and 30'.
(2) Paragraph (1) of section 30B(h) is amended to read as follows:
`(1) MOTOR VEHICLE- The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public streets,
roads, and highways (not including a vehicle operated exclusively on a
rail or rails) and which has at least 4 wheels.'.
(3) Section 30C(d)(2)(A) is amended by striking `, 30,'.
(4)(A) Section 53(d)(1)(B) is amended by striking clause (iii) and redesignating clause (iv) as clause (iii).
(B) Subclause (II) of section 53(d)(1)(B)(iii), as so
redesignated, is amended by striking `increased in the manner provided
in clause (iii)'.
(5) Section 55(c)(3) is amended by striking `30(b)(3),'.
(6) Section 1016(a)(25) is amended by striking `section 30(d)(1)' and inserting `section 30(e)(1)'.
(7) Section 6501(m) is amended by striking `section 30(d)(4)' and inserting `section 30(e)(6)'.
(8) The item in the table of sections for subpart B of part IV of subchapter A of chapter 1 is amended to read as follows:
`Sec. 30. Certain plug-in electric vehicles.'.
(c) Effective Date- The amendments made by this section
shall apply to vehicles acquired after the date of the enactment of
this Act.
(d) Transitional Rule- In the case of a vehicle acquired
after the date of the enactment of this Act and before January 1, 2010,
no credit shall be allowed under section 30 of the Internal Revenue
Code of 1986, as added by this section, if credit is allowable under
section 30D of such Code with respect to such vehicle.
(e) Application of EGTRRA Sunset- The amendment made by
subsection (b)(1)(A) 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.
SEC. 1143. 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) QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE-
For purposes of this subsection, the term `qualified plug-in electric
drive motor vehicle' means any new qualified plug-in electric drive
motor vehicle (as defined in section 30D, determined without regard to
whether such vehicle is made by a manufacturer or whether the original
use of such vehicle commences with the taxpayer).
`(3) 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.
`(4) TERMINATION- This subsection shall not apply to conversions made after December 31, 2011.'.
(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 the date of the
enactment of this Act.
SEC. 1144. TREATMENT OF ALTERNATIVE MOTOR VEHICLE CREDIT AS A PERSONAL CREDIT ALLOWED AGAINST AMT.
(a) In General- Paragraph (2) of section 30B(g) is amended to read as follows:
`(A) IN GENERAL- For purposes of this title, the
credit allowed under subsection (a) for any taxable year (determined
after application of paragraph (1)) shall be treated as a credit
allowable under subpart A for such taxable year.
`(B) 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 (determined after
application of paragraph (1)) shall not exceed the excess of--
`(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
`(ii) the sum of the credits allowable under
subpart A (other than this section and sections 23, 25D, 30, and 30D)
and section 27 for the taxable year.'.
(b) Conforming Amendments-
(1)(A) Section 24(b)(3)(B), as amended by this Act, is amended by inserting `30B,' after `30,'.
(B) Section 25(e)(1)(C)(ii), as amended by this Act, is amended by inserting `30B,' after `30,'.
(C) Section 25B(g)(2), as amended by this Act, is amended by inserting `30B,' after `30,'.
(D) Section 26(a)(1), as amended by this Act, is amended by inserting `30B,' after `30,'.
(E) Section 904(i), as amended by this Act, is amended by inserting `30B,' after `30'.
(F) Section 1400C(d)(2), as amended by this Act, is amended by striking `and 30' and inserting `30, and 30B'.
(2) Section 30C(d)(2)(A), as amended by this Act, is amended by striking `sections 27 and 30B' and inserting `section 27'.
(3) Section 55(c)(3) is amended by striking `30B(g)(2),'.
(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)(A) 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.
PART VI--PARITY FOR TRANSPORTATION FRINGE BENEFITS
SEC. 1151. 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 in effect for such month under
subparagraph (B).'.
(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.
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 AMENDMENTS-
(A) Subparagraph (D) of section 168(k)(4) is amended--
(i) by striking `and' at the end of clause (i),
(ii) by redesignating clause (ii) as clause (iii), and
(iii) 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) Subparagraph (A) of section 6211(b)(4) is amended by inserting `168(k)(4),' after `53(e),'.
(b) Extension of Election to Accelerate the Amt and Research Credits in Lieu of Bonus Depreciation-
(1) IN GENERAL- Section 168(k)(4) (relating to election
to accelerate the AMT and research credits in lieu of bonus
depreciation) is amended--
(A) by striking `2009' and inserting `2010'in subparagraph (D)(iii) (as redesignated by subsection (a)(3)), and
(B) 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).'.
(2) TECHNICAL AMENDMENT- Section 6211(b)(4)(A) is amended by inserting `168(k)(4),' after `53(e),'.
(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 AMENDMENTS- The amendments made by
subsections (a)(3) and (b)(2) 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--SMALL BUSINESS PROVISIONS
SEC. 1211. 5-YEAR CARRYBACK OF OPERATING LOSSES OF SMALL BUSINESSES.
(a) In General- Subparagraph (H) of section 172(b)(1) is amended to read as follows:
`(H) CARRYBACK FOR 2008 NET OPERATING LOSSES OF SMALL BUSINESSES-
`(i) IN GENERAL- If an eligible small business
elects the application of this subparagraph with respect to an
applicable 2008 net operating loss--
`(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 (I) for `2', and
`(III) subparagraph (F) shall not apply.
`(ii) APPLICABLE 2008 NET OPERATING LOSS- For
purposes of this subparagraph, the term `applicable 2008 net operating
loss' means--
`(I) the taxpayer's net operating loss for any taxable year ending in 2008, 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.
`(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. Any
election under this subparagraph may be made only with respect to 1
taxable year.
`(iv) ELIGIBLE SMALL BUSINESS- For purposes of
this subparagraph, the term `eligible small business' has the meaning
given such term by subparagraph (F)(iii), except that in applying such
subparagraph, section 448(c) shall be applied by substituting
`$15,000,000' for `$5,000,000' each place it appears.'.
(b) Conforming Amendment- Section 172 is amended by
striking subsection (k) and by redesignating subsection (l) as
subsection (k).
(c) Anti-Abuse Rules- The Secretary of Treasury or the
Secretary's designee shall prescribe such rules as are necessary to
prevent the abuse of the purposes of the amendments made by this
section, including anti-stuffing rules, anti-churning rules (including
rules relating to sale-leasebacks), and rules similar to the rules
under section 1091 of the Internal Revenue Code of 1986 relating to
losses from wash sales.
(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) TRANSITIONAL RULE- In the case of a net operating
loss for a taxable year ending before the date of the enactment of this
Act--
(A) any election made under section 172(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(b)(1)(H) 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. DECREASED REQUIRED ESTIMATED TAX PAYMENTS IN 2009 FOR CERTAIN SMALL BUSINESSES.
Paragraph (1) of section 6654(d) is amended by adding at the end the following new subparagraph:
`(D) SPECIAL RULE FOR 2009-
`(i) IN GENERAL- Notwithstanding subparagraph
(C), in the case of any taxable year beginning in 2009, clause (ii) of
subparagraph (B) shall be applied to any qualified individual by
substituting `90 percent' for `100 percent'.
`(ii) QUALIFIED INDIVIDUAL- For purposes of this subparagraph, the term `qualified individual' means any individual if--
`(I) the adjusted gross income shown on the
return of such individual for the preceding taxable year is less than
$500,000, and
`(II) such individual certifies that more
than 50 percent of the gross income shown on the return of such
individual for the preceding taxable year was income from a small
business.
A certification under subclause (II) shall be in
such form and manner and filed at such time as the Secretary may by
regulations prescribe.
`(iii) INCOME FROM A SMALL BUSINESS- For
purposes of clause (ii), income from a small business means, with
respect to any individual, income from a trade or business the average
number of employees of which was less than 500 employees for the
calendar year ending with or within the preceding taxable year of the
individual.
`(iv) SEPARATE RETURNS- In the case of a
married individual (within the meaning of section 7703) who files a
separate return for the taxable year for which the amount of the
installment is being determined, clause (ii)(I) shall be applied by
substituting `$250,000' for `$500,000'.
`(v) ESTATES AND TRUSTS- In the case of an
estate or trust, adjusted gross income shall be determined as provided
in section 67(e).'.
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 at any time during the 5-year
period ending on the hiring date, 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--RULES RELATING TO DEBT INSTRUMENTS
SEC. 1231. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING
FROM BUSINESS INDEBTEDNESS DISCHARGED BY THE REACQUISITION 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
Business Indebtedness Discharged by the Reacquisition of a Debt
Instrument-
`(1) IN GENERAL- At the election of the taxpayer,
income from the discharge of indebtedness in connection with the
reacquisition after December 31, 2008, and before January 1, 2011, of
an applicable debt instrument shall be includible in gross income
ratably over the 5-taxable-year period beginning with--
`(A) in the case of a reacquisition occurring in
2009, the fifth taxable year following the taxable year in which the
reacquisition occurs, and
`(B) in the case of a reacquisition occurring in
2010, the fourth taxable year following the taxable year in which the
reacquisition occurs.
`(2) DEFERRAL OF DEDUCTION FOR ORIGINAL ISSUE DISCOUNT IN DEBT FOR DEBT EXCHANGES-
`(A) IN GENERAL- If, as part of a reacquisition to
which paragraph (1) applies, any debt instrument is issued for the
applicable debt instrument being reacquired (or is treated as so issued
under subsection (e)(4) and the regulations thereunder) and there is
any original issue discount determined under subpart A of part V of
subchapter P of this chapter with respect to the debt instrument so
issued--
`(i) except as provided in clause (ii), no
deduction otherwise allowable under this chapter shall be allowed to
the issuer of such debt instrument with respect to the portion of such
original issue discount which--
`(I) accrues before the 1st taxable year in
the 5-taxable-year period in which income from the discharge of
indebtedness attributable to the reacquisition of the debt instrument
is includible under paragraph (1), and
`(II) does not exceed the income from the discharge of indebtedness with respect to the debt instrument being reacquired, and
`(ii) the aggregate amount of deductions
disallowed under clause (i) shall be allowed as a deduction ratably
over the 5-taxable-year period described in clause (i)(I).
If the amount of the original issue discount
accruing before such 1st taxable year exceeds the income from the
discharge of indebtedness with respect to the applicable debt
instrument being reacquired, the deductions shall be disallowed in the
order in which the original issue discount is accrued.
`(B) DEEMED DEBT FOR DEBT EXCHANGES- For purposes
of subparagraph (A), if any debt instrument is issued by an issuer and
the proceeds of such debt instrument are used directly or indirectly by
the issuer to reacquire an applicable debt instrument of the issuer,
the debt instrument so issued shall be treated as issued for the debt
instrument being reacquired. If only a portion of the proceeds from a
debt instrument are so used, the rules of subparagraph (A) shall apply
to the portion of any original issue discount on the newly issued debt
instrument which is equal to the portion of the proceeds from such
instrument used to reacquire the outstanding instrument.
`(3) APPLICABLE DEBT INSTRUMENT- For purposes of this subsection--
`(A) APPLICABLE DEBT INSTRUMENT- The term `applicable debt instrument' means any debt instrument which was issued by--
`(ii) any other person in connection with the conduct of a trade or business by such person.
`(B) DEBT INSTRUMENT- 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)).
`(4) REACQUISITION- For purposes of this subsection--
`(A) IN GENERAL- The term `reacquisition' means,
with respect to any applicable debt instrument, any acquisition of the
debt instrument by--
`(i) the debtor which issued (or is otherwise the obligor under) the debt instrument, or
`(ii) a related person to such debtor.
`(B) ACQUISITION- The term `acquisition' shall,
with respect to any applicable debt instrument, include an acquisition
of the debt instrument for cash, the exchange of the debt instrument
for another debt instrument (including an exchange resulting from a
modification of the debt instrument), the exchange of the debt
instrument for corporate stock or a partnership interest, and the
contribution of the debt instrument to capital. Such term shall also
include the complete forgiveness of the indebtedness by the holder of
the debt instrument.
`(5) OTHER DEFINITIONS AND RULES- For purposes of this subsection--
`(A) RELATED PERSON- The determination of whether a
person is related to another person shall be made in the same manner as
under subsection (e)(4).
`(i) IN GENERAL- An election under this
subsection with respect to any applicable debt instrument shall be made
by including with the return of tax imposed by chapter 1 for the
taxable year in which the reacquisition of the debt instrument occurs a
statement which--
`(I) clearly identifies such instrument, and
`(II) includes the amount of income to which paragraph (1) applies and such other information as the Secretary may prescribe.
`(ii) ELECTION IRREVOCABLE- Such election, once made, is irrevocable.
`(iii) PASS-THRU ENTITIES- In the case of a
partnership, S corporation, or other pass-thru entity, the election
under this subsection shall be made by the partnership, the S
corporation, or other entity involved.
`(C) COORDINATION WITH OTHER EXCLUSIONS- If a
taxpayer elects to have this subsection apply to an applicable debt
instrument, subparagraphs (A), (B), (C), and (D) of subsection (a)(1)
shall not apply to the income from the discharge of such indebtedness
for the taxable year of the election or any subsequent taxable year.
`(D) ACCELERATION OF DEFERRED ITEMS-
`(i) IN GENERAL- In the case of the death of
the taxpayer, the liquidation or sale of substantially all the assets
of the taxpayer (including in a title 11 or similar case), the
cessation of business by the taxpayer, or similar circumstances, any
item of income or deduction which is deferred under this subsection
(and has not previously been taken into account) shall be taken into
account in the taxable year in which such event occurs (or in the case
of a title 11 or similar case, the day before the petition is filed).
`(ii) SPECIAL RULE FOR PASS-THRU ENTITIES- The
rule of clause (i) shall also apply in the case of the sale or exchange
or redemption of an interest in a partnership, S corporation, or other
pass- thru entity by a partner, shareholder, or other person holding an
ownership interest in such entity.
`(6) SPECIAL RULE FOR PARTNERSHIPS- In the case of a
partnership, any income deferred under this subsection shall be
allocated to the partners in the partnership immediately before the
discharge in the manner such amounts would have been included in the
distributive shares of such partners under section 704 if such income
were recognized at such time. Any decrease in a partner's share of
partnership liabilities as a result of such discharge shall not be
taken into account for purposes of section 752 at the time of the
discharge to the extent it would cause the partner to recognize gain
under section 731. Any decrease in partnership liabilities deferred
under the preceding sentence shall be taken into account by such
partner at the same time, and to the extent remaining in the same
amount, as income deferred under this subsection is recognized.
`(7) SECRETARIAL AUTHORITY- The Secretary may prescribe
such regulations, rules, or other guidance as may be necessary or
appropriate for purposes of applying this subsection, including--
`(A) extending the application of the rules of paragraph (5)(D) to other circumstances where appropriate,
`(B) requiring reporting of the election (and such
other information as the Secretary may require) on returns of tax for
subsequent taxable years, and
`(C) rules for the application of this subsection
to partnerships, S corporations, and other pass-thru entities,
including for the allocation of deferred deductions.'.
(b) Effective Date- The amendments made by this section
shall apply to discharges in taxable years ending after December 31,
2008.
SEC. 1232. MODIFICATIONS OF RULES FOR ORIGINAL ISSUE DISCOUNT ON CERTAIN HIGH YIELD OBLIGATIONS.
(a) Suspension of Special Rules- Section 163(e)(5)
(relating to special rules for original issue discount on certain high
yield obligations) is amended by redesignating subparagraph (F) as
subparagraph (G) and by inserting after subparagraph (E) the following
new subparagraph:
`(F) SUSPENSION OF APPLICATION OF PARAGRAPH-
`(i) TEMPORARY SUSPENSION- This paragraph shall
not apply to any applicable high yield discount obligation issued
during the period beginning on September 1, 2008, and ending on
December 31, 2009, in exchange (including an exchange resulting from a
modification of the debt instrument) for an obligation which is not an
applicable high yield discount obligation and the issuer (or obligor)
of which is the same as the issuer (or obligor) of such applicable high
yield discount obligation. The preceding sentence shall not apply to
any obligation the interest on which is interest described in section
871(h)(4) (without regard to subparagraph (D) thereof) or to any
obligation issued to a related person (within the meaning of section
108(e)(4)).
`(ii) SUCCESSIVE APPLICATION- Any obligation to
which clause (i) applies shall not be treated as an applicable high
yield discount obligation for purposes of applying this subparagraph to
any other obligation issued in exchange for such obligation.
`(iii) SECRETARIAL AUTHORITY TO SUSPEND
APPLICATION- The Secretary may apply this paragraph with respect to
debt instruments issued in periods following the period described in
clause (i) if the Secretary determines that such application is
appropriate in light of distressed conditions in the debt capital
markets.'.
(b) Interest Rate Used in Determining High Yield Obligations- The last sentence of section 163(i)(1) is amended--
(1) by inserting `(i)' after `regulation', and
(2) by inserting `, or (ii) permit, on a temporary
basis, a rate to be used with respect to any debt instrument which is
higher than the applicable Federal rate if the Secretary determines
that such rate is appropriate in light of distressed conditions in the
debt capital markets' before the period at the end.
(1) SUSPENSION- The amendments made by subsection (a)
shall apply to obligations issued after August 31, 2008, in taxable
years ending after such date.
(2) INTEREST RATE AUTHORITY- The amendments made by
subsection (b) shall apply to obligations issued after December 31,
2009, in taxable years ending after such date.
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--S CORPORATIONS
SEC. 1251. 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:
`(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 recognized 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 VII--RULES RELATING TO OWNERSHIP CHANGES
SEC. 1261. 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.
SEC. 1262. TREATMENT OF CERTAIN OWNERSHIP CHANGES FOR
PURPOSES OF LIMITATIONS ON NET OPERATING LOSS CARRYFORWARDS AND CERTAIN
BUILT-IN LOSSES.
(a) In General- Section 382 is amended by adding at the end the following new subsection:
`(n) Special Rule for Certain Ownership Changes-
`(1) IN GENERAL- The limitation contained in subsection
(a) shall not apply in the case of an ownership change which is
pursuant to a restructuring plan of a taxpayer which--
`(A) is required under a loan agreement or a
commitment for a line of credit entered into with the Department of the
Treasury under the Emergency Economic Stabilization Act of 2008, and
`(B) is intended to result in a rationalization of
the costs, capitalization, and capacity with respect to the
manufacturing workforce of, and suppliers to, the taxpayer and its
subsidiaries.
`(2) SUBSEQUENT ACQUISITIONS- Paragraph (1) shall not
apply in the case of any subsequent ownership change unless such
ownership change is described in such paragraph.
`(3) LIMITATION BASED ON CONTROL IN CORPORATION-
`(A) IN GENERAL- Paragraph (1) shall not apply in
the case of any ownership change if, immediately after such ownership
change, any person (other than a voluntary employees' beneficiary
association under section 501(c)(9)) owns stock of the new loss
corporation possessing 50 percent or more of the total combined voting
power of all classes of stock entitled to vote, or of the total value
of the stock of such corporation.
`(B) TREATMENT OF RELATED PERSONS-
`(i) IN GENERAL- Related persons shall be treated as a single person for purposes of this paragraph.
`(ii) RELATED PERSONS- For purposes of clause (i), a person shall be treated as related to another person if--
`(I) such person bears a relationship to such other person described in section 267(b) or 707(b), or
`(II) such persons are members of a group of persons acting in concert.'.
(b) Effective Date- The amendment made by this section
shall apply to ownership changes after the date of the enactment of
this Act.
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 obligations 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.
`(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.
`(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--
`(I) property 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) fuel cells, microturbines, or an energy storage system for use with electric or hybrid-electric motor vehicles,
`(III) electric grids to support the
transmission of intermittent sources of renewable energy, including
storage of such energy,
`(IV) property designed to capture and sequester carbon dioxide emissions,
`(V) property designed to refine or blend
renewable fuels or to produce energy conservation technologies
(including energy-conserving lighting technologies and smart grid
technologies),
`(VI) new qualified plug-in electric drive
motor vehicles (as defined by section 30D), qualified plug-in electric
vehicles (as defined by section 30(d)), or components which are
designed specifically for use with such vehicles, including electric
motors, generators, and power control units, or
`(VII) 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--
`(A) which is necessary for the production of property described in paragraph (1)(A)(i),
`(i) tangible personal property, or
`(ii) other tangible property (not including a
building or its structural components), but only if such property is
used as an integral part of the qualified investment credit facility,
and
`(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
`(d) Qualifying Advanced Energy Project Program-
`(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 $2,300,000,000.
`(A) APPLICATION PERIOD- Each applicant for
certification under this paragraph shall submit an application
containing such information as the Secretary may require during the
2-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 1 year 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 3 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 potential for technological innovation and commercial deployment,
`(iv) 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
`(v) have the shortest project time from certification to completion.
`(4) REVIEW AND REDISTRIBUTION-
`(A) REVIEW- Not later than 4 years after the date
of enactment of this section, the Secretary shall review the credits
allocated under this section as of such date.
`(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).
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) GENERAL ALLOCATION- The Secretary shall
allocate the national recovery zone economic development bond
limitation and the national recovery zone facility bond limitation
among the States in the proportion that each such State's 2008 State
employment decline bears to the aggregate of the 2008 State employment
declines for all of the States.
`(B) MINIMUM ALLOCATION- The Secretary shall adjust
the allocations under subparagraph (A) for any calendar year for each
State to the extent necessary to ensure that no State receives less
than 0.9 percent of the national recovery zone economic development
bond limitation and 0.9 percent of the national recovery zone facility
bond limitation.
`(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 to 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. A county or municipality
may waive any portion of an allocation made under this subparagraph.
`(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 $10,000,000,000.
`(B) RECOVERY ZONE FACILITY BONDS- There is a national recovery zone facility bond limitation of $15,000,000,000.
`(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,
`(2) any area designated by the issuer as economically
distressed by reason of the closure or realignment of a military
installation pursuant to the Defense Base Closure and Realignment Act
of 1990, and
`(3) 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 `45 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 excess of--
`(i) the available project proceeds (as defined in section 54A) of such issue, over
`(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to 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 constructed, reconstructed,
renovated, or acquired by purchase (as defined in section 179(d)(2)) by
the taxpayer 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- Such term 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. INCREASE IN NEW MARKETS TAX CREDIT.
(a) In General- Section 45D(f)(1) is amended--
(1) by striking `and' at the end of subparagraph (C),
(2) by striking `, 2007, 2008, and 2009.' in subparagraph (D), and inserting `and 2007,', and
(3) by adding at the end the following new subparagraphs:
`(E) $5,000,000,000 for 2008, and
`(F) $5,000,000,000 for 2009.'.
(b) 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--
(1) submitted an allocation application with respect to calendar year 2008, and
(2)(A) did not receive an allocation for such calendar year, or
(B) received an allocation for such calendar year in an amount less than the amount requested in the allocation application.
SEC. 1404. COORDINATION OF LOW-INCOME HOUSING CREDIT AND LOW-INCOME HOUSING GRANTS.
Subsection (i) of section 42 is amended by adding at the end the following new paragraph:
`(9) COORDINATION WITH LOW-INCOME HOUSING GRANTS-
`(A) REDUCTION IN STATE HOUSING CREDIT CEILING FOR
LOW-INCOME HOUSING GRANTS RECEIVED IN 2009- For purposes of this
section, the amounts described in clauses (i) through (iv) of
subsection (h)(3)(C) with respect to any State for 2009 shall each be
reduced by so much of such amount as is taken into account in
determining the amount of any grant to such State under section 1602 of
the American Recovery and Reinvestment Tax Act of 2009.
`(B) SPECIAL RULE FOR BASIS- Basis of a qualified
low-income building shall not be reduced by the amount of any grant
described in subparagraph (A).'.
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-
`(I) IN GENERAL- 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.
`(II) TREATMENT OF REFUNDING BONDS- For
purposes of subclause (I), 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).
`(III) EXCEPTION FOR CERTAIN REFUNDING
BONDS- Subclause (II) shall not apply to any refunding bond which is
issued to refund any bond which was issued after December 31, 2003, and
before January 1, 2009.'.
(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-
`(I) IN GENERAL- Clause (i) shall not apply
in the case of any interest on a bond issued after December 31, 2008,
and before January 1, 2011.
`(II) TREATMENT OF REFUNDING BONDS- For
purposes of subclause (I), 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).
`(III) EXCEPTION FOR CERTAIN REFUNDING
BONDS- Subclause (II) shall not apply to any refunding bond which is
issued to refund any bond which was issued after December 31, 2003, and
before January 1, 2009.'.
(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 obligations 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) $11,000,000,000 for 2009,
`(2) $11,000,000,000 for 2010, and
`(3) except as provided in subsection (e), zero after 2010.
`(d) Allocation of Limitation-
`(1) ALLOCATION AMONG STATES- Except as provided in
paragraph (2)(C), the limitation applicable under subsection (c) for
any calendar year shall be allocated by the Secretary among the States
in proportion to the respective amounts each such State is eligible to
receive under section 1124 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6333) 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) 40 PERCENT OF LIMITATION ALLOCATED AMONG LARGEST SCHOOL DISTRICTS-
`(A) IN GENERAL- 40 percent of the limitation
applicable under subsection (c) for any calendar year shall be
allocated under subparagraph (B) by the Secretary among local
educational agencies which are large local educational agencies for
such year.
`(B) ALLOCATION FORMULA- The amount to be allocated
under subparagraph (A) for any calendar year shall be allocated among
large local educational agencies in proportion to the respective
amounts each such agency received under section 1124 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333) for the most
recent fiscal year ending before such calendar year.
`(C) REDUCTION IN STATE ALLOCATION- The allocation
to any State under paragraph (1) shall be reduced by the aggregate
amount of the allocations under this paragraph to large local
educational agencies within such State.
`(D) ALLOCATION OF UNUSED LIMITATION TO STATE- The
amount allocated under this paragraph to a large local educational
agency for any calendar year may be reallocated by such agency to the
State in which such agency is located for such calendar year. Any
amount reallocated to a State under the preceding sentence may be
allocated as provided in paragraph (1).
`(E) LARGE LOCAL EDUCATIONAL AGENCY- For purposes
of this paragraph, the term `large local educational agency' means,
with respect to a calendar year, any local educational agency if such
agency is--
`(i) among the 100 local educational agencies
with the largest numbers of children aged 5 through 17 from families
living below the poverty level, as determined by the Secretary using
the most recent data available from the Department of Commerce that are
satisfactory to the Secretary, or
`(ii) 1 of not more than 25 local educational
agencies (other than those described in clause (i)) that the Secretary
of Education determines (based on the most recent data available
satisfactory to the Secretary) are in particular need of assistance,
based on a low level of resources for school construction, a high level
of enrollment growth, or such other factors as the Secretary deems
appropriate.
`(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 .
`(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).
`(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.
`(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 excess of--
`(i) the available project proceeds (as defined in section 54A) of such issue, over
`(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to 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.
`(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 6211(b)(4)(A) is amended by striking `and 6428' and inserting `6428, and 6431'.
(5) Section 6401(b)(1) is amended by striking `and I' and inserting `I, and J'.
(6) 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.'.
(7) 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.
PART V--REGULATED INVESTMENT COMPANIES ALLOWED TO PASS-THRU TAX CREDIT BOND CREDITS
SEC. 1541. REGULATED INVESTMENT COMPANIES ALLOWED TO PASS-THRU TAX CREDIT BOND CREDITS.
(a) In General- Part I of subchapter M of chapter 1 is amended by inserting after section 853 the following new section:
`SEC. 853A. CREDITS FROM TAX CREDIT BONDS ALLOWED TO SHAREHOLDERS.
`(a) General Rule- A regulated investment company--
`(1) which holds (directly or indirectly) one or more
tax credit bonds on one or more applicable dates during the taxable
year, and
`(2) which meets the requirements of section 852(a) for the taxable year,
may elect the application of this section with respect to
credits allowable to the investment company during such taxable year
with respect to such bonds.
`(b) Effect of Election- If the election provided in subsection (a) is in effect for any taxable year--
`(1) the regulated investment company shall not be allowed any credits to which subsection (a) applies for such taxable year,
`(2) the regulated investment company shall--
`(A) include in gross income (as interest) for such
taxable year an amount equal to the amount that such investment company
would have included in gross income with respect to such credits if
this section did not apply, and
`(B) increase the amount of the dividends paid deduction for such taxable year by the amount of such income, and
`(3) each shareholder of such investment company shall--
`(A) include in gross income an amount equal to
such shareholder's proportionate share of the interest income
attributable to such credits, and
`(B) be allowed the shareholder's proportionate share of such credits against the tax imposed by this chapter.
`(c) Notice to Shareholders- For purposes of subsection (b)(3), the shareholder's proportionate share of--
`(1) credits described in subsection (a), and
`(2) gross income in respect of such credits,
shall not exceed the amounts so designated by the regulated
investment company in a written notice mailed to its shareholders not
later than 60 days after the close of its taxable year.
`(d) Manner of Making Election and Notifying Shareholders-
The election provided in subsection (a) and the notice to shareholders
required by subsection (c) shall be made in such manner as the
Secretary may prescribe.
`(e) Definitions and Special Rules-
`(1) DEFINITIONS- For purposes of this subsection--
`(A) TAX CREDIT BOND- The term `tax credit bond' means--
`(i) a qualified tax credit bond (as defined in section 54A(d)),
`(ii) a build America bond (as defined in section 54AA(d)), and
`(iii) any bond for which a credit is allowable under subpart H of part IV of subchapter A of this chapter.
`(B) APPLICABLE DATE- The term `applicable date' means--
`(i) in the case of a qualified tax credit bond
or a bond described in subparagraph (A)(iii), any credit allowance date
(as defined in section 54A(e)(1)), and
`(ii) in the case of a build America bond (as
defined in section 54AA(d)), any interest payment date (as defined in
section 54AA(e)).
`(2) STRIPPED TAX CREDIT BONDS- If the ownership of a
tax credit bond is separated from the credit with respect to such bond,
subsection (a) shall be applied by reference to the instruments
evidencing the entitlement to the credit rather than the tax credit
bond.
`(f) Regulations, etc- The Secretary shall prescribe such
regulations or other guidance as may be necessary or appropriate to
carry out the purposes of this section, including methods for
determining a shareholder's proportionate share of credits.'.
(b) Conforming Amendments-
(1) Section 54(l) is amended by striking paragraph (4)
and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5),
respectively.
(2) Section 54A(h) is amended to read as follows:
`(h) Bonds Held by Real Estate Investment Trusts- If any
qualified tax credit bond is held by a real estate investment trust,
the credit determined under subsection (a) shall be allowed to
beneficiaries of such trust (and any gross income included under
subsection (f) with respect to such credit shall be distributed to such
beneficiaries) under procedures prescribed by the Secretary.'.
(3) The table of sections for part I of subchapter M of
chapter 1 is amended by inserting after the item relating to section
853 the following new item:
`Sec. 853A. Credits from tax credit bonds allowed to shareholders.'.
(c) Effective Date- The amendments made by this section
shall apply to taxable years ending after the date of the enactment of
this Act.
Subtitle G--Other Provisions
SEC. 1601. 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. 1602. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR 2009.
(a) In General- The Secretary of the Treasury shall make a
grant to the housing credit agency of each State in an amount equal to
such State's low-income housing grant election amount.
(b) Low-Income Housing Grant Election Amount- For purposes
of this section, the term `low-income housing grant election amount'
means, with respect to any State, such amount as the State may elect
which does not exceed 85 percent of the product of--
(A) 100 percent of the State housing credit ceiling
for 2009 which is attributable to amounts described in clauses (i) and
(iii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986, and
(B) 40 percent of the State housing credit ceiling
for 2009 which is attributable to amounts described in clauses (ii) and
(iv) of such section, multiplied by
(c) Subawards for Low-Income Buildings-
(1) IN GENERAL- A State housing credit agency receiving
a grant under this section shall use such grant to make subawards to
finance the construction or acquisition and rehabilitation of qualified
low-income buildings. A subaward under this section may be made to
finance a qualified low-income building with or without an allocation
under section 42 of the Internal Revenue Code of 1986, except that a
State housing credit agency may make subawards to finance qualified
low-income buildings without an allocation only if it makes a
determination that such use will increase the total funds available to
the State to build and rehabilitate affordable housing. In complying
with such determination requirement, a State housing credit agency
shall establish a process in which applicants that are allocated
credits are required to demonstrate good faith efforts to obtain
investment commitments for such credits before the agency makes such
subawards.
(2) SUBAWARDS SUBJECT TO SAME REQUIREMENTS AS
LOW-INCOME HOUSING CREDIT ALLOCATIONS- Any such subaward with respect
to any qualified low-income building shall be made in the same manner
and shall be subject to the same limitations (including rent, income,
and use restrictions on such building) as an allocation of housing
credit dollar amount allocated by such State housing credit agency
under section 42 of the Internal Revenue Code of 1986, except that such
subawards shall not be limited by, or otherwise affect (except as
provided in subsection (h)(3)(J) of such section), the State housing
credit ceiling applicable to such agency.
(3) COMPLIANCE AND ASSET MANAGEMENT- The State housing
credit agency shall perform asset management functions to ensure
compliance with section 42 of the Internal Revenue Code of 1986 and the
long-term viability of buildings funded by any subaward under this
section. The State housing credit agency may collect reasonable fees
from a subaward recipient to cover expenses associated with the
performance of its duties under this paragraph. The State housing
credit agency may retain an agent or other private contractor to
satisfy the requirements of this paragraph.
(4) RECAPTURE- The State housing credit agency shall
impose conditions or restrictions, including a requirement providing
for recapture, on any subaward under this section so as to assure that
the building with respect to which such subaward is made remains a
qualified low-income building during the compliance period. Any such
recapture shall be payable to the Secretary of the Treasury for deposit
in the general fund of the Treasury and may be enforced by means of
liens or such other methods as the Secretary of the Treasury determines
appropriate.
(d) Return of Unused Grant Funds- Any grant funds not used
to make subawards under this section before January 1, 2011, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after such date shall
be promptly returned to the Secretary of the Treasury. Any amounts
returned to the Secretary of the Treasury under this subsection shall
be deposited in the general fund of the Treasury.
(e) Definitions- Any term used in this section which is
also used in section 42 of the Internal Revenue Code of 1986 shall have
the same meaning for purposes of this section as when used in such
section 42. Any reference in this section to the Secretary of the
Treasury shall be treated as including the Secretary's delegate.
(f) Appropriations- There is hereby appropriated to the
Secretary of the Treasury such sums as may be necessary to carry out
this section.
SEC. 1603. GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS.
(a) In General- Upon application, the Secretary of the
Treasury shall, subject to the requirements of this section, provide a
grant to each person who places in service specified energy property to
reimburse such person for a portion of the expense of such property as
provided in subsection (b). No grant shall be made under this section
with respect to any property unless such property--
(1) is placed in service during 2009 or 2010, or
(2) is placed in service after 2010 and before the
credit termination date with respect to such property, but only if the
construction of such property began during 2009 or 2010.
(1) IN GENERAL- The amount of the grant under
subsection (a) with respect to any specified energy property shall be
the applicable percentage of the basis of such property.
(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the term `applicable percentage' means--
(A) 30 percent in the case of any property described in paragraphs (1) through (4) of subsection (d), and
(B) 10 percent in the case of any other property.
(3) DOLLAR LIMITATIONS- In the case of property
described in paragraph (2), (6), or (7) of subsection (d), the amount
of any grant under this section with respect to such property shall not
exceed the limitation described in section 48(c)(1)(B), 48(c)(2)(B), or
48(c)(3)(B) of the Internal Revenue Code of 1986, respectively, with
respect to such property.
(c) Time for Payment of Grant- The Secretary of the
Treasury shall make payment of any grant under subsection (a) during
the 60-day period beginning on the later of--
(1) the date of the application for such grant, or
(2) the date the specified energy property for which the grant is being made is placed in service.
(d) Specified Energy Property- For purposes of this section, the term `specified energy property' means any of the following:
(1) QUALIFIED FACILITIES- Any qualified property (as
defined in section 48(a)(5)(D) of the Internal Revenue Code of 1986)
which is part of a qualified facility (within the meaning of section 45
of such Code) described in paragraph (1), (2), (3), (4), (6), (7), (9),
or (11) of section 45(d) of such Code.
(2) QUALIFIED FUEL CELL PROPERTY- Any qualified fuel cell property (as defined in section 48(c)(1) of such Code).
(3) SOLAR PROPERTY- Any property described in clause (i) or (ii) of section 48(a)(3)(A) of such Code.
(4) QUALIFIED SMALL WIND ENERGY PROPERTY- Any qualified
small wind energy property (as defined in section 48(c)(4) of such
Code).
(5) GEOTHERMAL PROPERTY- Any property described in clause (iii) of section 48(a)(3)(A) of such Code.
(6) QUALIFIED MICROTURBINE PROPERTY- Any qualified microturbine property (as defined in section 48(c)(2) of such Code).
(7) COMBINED HEAT AND POWER SYSTEM PROPERTY- Any
combined heat and power system property (as defined in section 48(c)(3)
of such Code).
(8) GEOTHERMAL HEAT PUMP PROPERTY- Any property described in clause (vii) of section 48(a)(3)(A) of such Code.
Such term shall not include any property unless depreciation
(or amortization in lieu of depreciation) is allowable with respect to
such property.
(e) Credit Termination Date- For purposes of this section, the term `credit termination date' means--
(1) in the case of any specified energy property which
is part of a facility described in paragraph (1) of section 45(d) of
the Internal Revenue Code of 1986, January 1, 2013,
(2) in the case of any specified energy property which
is part of a facility described in paragraph (2), (3), (4), (6), (7),
(9), or (11) of section 45(d) of such Code, January 1, 2014, and
(3) in the case of any specified energy property described in section 48 of such Code, January 1, 2017.
In the case of any property which is described in paragraph
(3) and also in another paragraph of this subsection, paragraph (3)
shall apply with respect to such property.
(f) Application of Certain Rules- In making grants under
this section, the Secretary of the Treasury shall apply rules similar
to the rules of section 50 of the Internal Revenue Code of 1986. In
applying such rules, if the property is disposed of, or otherwise
ceases to be specified energy property, the Secretary of the Treasury
shall provide for the recapture of the appropriate percentage of the
grant amount in such manner as the Secretary of the Treasury determines
appropriate.
(g) Exception for Certain Non-Taxpayers- The Secretary of the Treasury shall not make any grant under this section to--
(1) any Federal, State, or local government (or any political subdivision, agency, or instrumentality thereof),
(2) any organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code,
(3) any entity referred to in paragraph (4) of section 54(j) of such Code, or
(4) any partnership or other pass-thru entity any
partner (or other holder of an equity or profits interest) of which is
described in paragraph (1), (2) or (3).
(h) Definitions- Terms used in this section which are also
used in section 45 or 48 of the Internal Revenue Code of 1986 shall
have the same meaning for purposes of this section as when used in such
section 45 or 48. Any reference in this section to the Secretary of the
Treasury shall be treated as including the Secretary's delegate.
(i) Appropriations- There is hereby appropriated to the
Secretary of the Treasury such sums as may be necessary to carry out
this section.
(j) Termination- The Secretary of the Treasury shall not
make any grant to any person under this section unless the application
of such person for such grant is received before October 1, 2011.
SEC. 1604. 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 `$12,104,000,000,000'.
Subtitle H--Prohibition on Collection of Certain Payments Made Under the Continued Dumping and Subsidy Offset Act of 2000
SEC. 1701. 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 I--Trade Adjustment Assistance
SEC. 1800. SHORT TITLE.
This subtitle may be cited as the `Trade and Globalization Adjustment Assistance Act of 2009'.
PART I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subpart A--Trade Adjustment Assistance for Service Sector Workers
SEC. 1801. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICE SECTOR AND PUBLIC AGENCY WORKERS; SHIFTS IN PRODUCTION.
(a) Definitions- Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended--
(A) by striking `or appropriate subdivision of a firm'; and
(B) by striking `or subdivision';
(2) in paragraph (2), by striking `employment--' and
all that follows and inserting `employment, has been totally or
partially separated from such employment.';
(3) by inserting after paragraph (2) the following:
`(3) Subject to section 222(d)(5), the term `firm' means--
`(A) a firm, including an agricultural firm, service sector firm, or public agency; or
`(B) an appropriate subdivision thereof.';
(4) by inserting after paragraph (6) the following:
`(7) The term `public agency' means a department or
agency of a State or local government or of the Federal Government, or
a subdivision thereof.';
(5) in paragraph (11), by striking `, or in a subdivision of which,'; and
(6) by adding at the end the following:
`(18) The term `service sector firm' means a firm engaged in the business of supplying services.'.
(b) Group Eligibility Requirements- Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended--
(1) in subsection (a)(2)--
(A) by amending subparagraph (A)(ii) to read as follows:
`(ii)(I) imports of articles or services like or
directly competitive with articles produced or services supplied by
such firm have increased;
`(II) imports of articles like or directly competitive with articles--
`(aa) into which one or more component parts produced by such firm are directly incorporated, or
`(bb) which are produced directly using services supplied by such firm,
`(III) imports of articles directly incorporating one
or more component parts produced outside the United States that are
like or directly competitive with imports of articles incorporating one
or more component parts produced by such firm have increased; and'; and
(B) by amending subparagraph (B) to read as follows:
`(B)(i)(I) there has been a shift by such workers' firm
to a foreign country in the production of articles or the supply of
services like or directly competitive with articles which are produced
or services which are supplied by such firm; or
`(II) such workers' firm has acquired from a foreign
country articles or services that are like or directly competitive with
articles which are produced or services which are supplied by such
firm; and
`(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or threat of
separation.';
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
`(b) Adversely Affected Workers in Public Agencies- A group
of workers in a public agency shall be certified by the Secretary as
eligible to apply for adjustment assistance under this chapter pursuant
to a petition filed under section 221 if the Secretary determines that--
`(1) a significant number or proportion of the workers
in the public agency have become totally or partially separated, or are
threatened to become totally or partially separated;
`(2) the public agency has acquired from a foreign
country services like or directly competitive with services which are
supplied by such agency; and
`(3) the acquisition of services described in paragraph
(2) contributed importantly to such workers' separation or threat of
separation.'.
(c) Basis for Secretary's Determinations- Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended
by adding at the end the following:
`(e) Basis for Secretary's Determinations-
`(1) IN GENERAL- The Secretary shall, in determining
whether to certify a group of workers under section 223, obtain from
the workers' firm, or a customer of the workers' firm, information the
Secretary determines to be necessary to make the certification, through
questionnaires and in such other manner as the Secretary determines
appropriate.
`(2) ADDITIONAL INFORMATION- The Secretary may seek
additional information to determine whether to certify a group of
workers under subsection (a), (b), or (c)--
`(i) officials or employees of the workers' firm;
`(ii) officials of customers of the workers' firm;
`(iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or
`(iv) one-stop operators or one-stop partners
(as defined in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)); or
`(B) by using other available sources of information.
`(3) VERIFICATION OF INFORMATION-
`(A) CERTIFICATION- The Secretary shall require a firm or customer to certify--
`(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and
`(ii) all other information obtained under
paragraph (1) from the firm or customer (as the case may be) on which
the Secretary relies in making a determination under section 223,
unless the Secretary has a reasonable basis for determining that such
information is accurate and complete without being certified.
`(B) USE OF SUBPOENAS- The Secretary shall require
the workers' firm or a customer of the workers' firm to provide
information requested by the Secretary under paragraph (1) by subpoena
pursuant to section 249 if the firm or customer (as the case may be)
fails to provide the information within 20 days after the date of the
Secretary's request, unless the firm or customer (as the case may be)
demonstrates to the satisfaction of the Secretary that the firm or
customer (as the case may be) will provide the information within a
reasonable period of time.
`(C) PROTECTION OF CONFIDENTIAL INFORMATION- The
Secretary may not release information obtained under paragraph (1) that
the Secretary considers to be confidential business information unless
the firm or customer (as the case may be) submitting the confidential
business information had notice, at the time of submission, that the
information would be released by the Secretary, or the firm or customer
(as the case may be) subsequently consents to the release of the
information. Nothing in this subparagraph shall be construed to
prohibit the Secretary from providing such confidential business
information to a court in camera or to another party under a protective
order issued by a court.'.
(d) Penalties- Section 244 of the Trade Act of 1974 (19 U.S.C. 2316) is amended to read as follows:
`SEC. 244. PENALTIES.
`(1) makes a false statement of a material fact knowing
it to be false, or knowingly fails to disclose a material fact, for the
purpose of obtaining or increasing for that person or for any other
person any payment authorized to be furnished under this chapter or
pursuant to an agreement under section 239, or
`(2) makes a false statement of a material fact knowing
it to be false, or knowingly fails to disclose a material fact, when
providing information to the Secretary during an investigation of a
petition under section 221,
shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both.'.
(e) Conforming Amendments-
(1) Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended--
(i) in the matter preceding subparagraph (A)--
(I) by striking `Secretary' and inserting `Secretary of Labor'; and
(II) by striking `or subdivision' and inserting `(as defined in section 247)'; and
(ii) in subparagraph (A), by striking `(including workers in an agricultural firm or subdivision of any agricultural firm)';
(B) in paragraph (2)(A), by striking `rapid response assistance' and inserting `rapid response activities'; and
(C) in paragraph (3), by inserting `and on the website of the Department of Labor' after `Federal Register'.
(2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended--
(A) by striking `(including workers in any agricultural firm or subdivision of an agricultural firm)' each place it appears;
(i) in paragraph (1), by striking `, or an appropriate subdivision of the firm,'; and
(ii) in paragraph (2), by striking `or subdivision' each place it appears;
(C) in subsection (c) (as redesignated)--
(I) by striking `(or subdivision)' each place it appears;
(II) by inserting `or service' after `the article'; and
(III) by striking `(c) (3)' and inserting `(d) (3)'; and
(ii) in paragraph (3), by striking `(or subdivision)' each place it appears; and
(D) in subsection (d) (as redesignated)--
(i) by striking `For purposes' and inserting `Definitions- For purposes';
(ii) in paragraph (2), by striking `, or appropriate subdivision of a firm,' each place it appears;
(iii) by amending paragraph (3) to read as follows:
`(3) DOWNSTREAM PRODUCER-
`(A) IN GENERAL- The term `downstream producer'
means a firm that performs additional, value-added production processes
or services directly for another firm for articles or services with
respect to which a group of workers in such other firm has been
certified under subsection (a).
`(B) VALUE-ADDED PRODUCTION PROCESSES OR SERVICES-
For purposes of subparagraph (A), value-added production processes or
services include final assembly, finishing, testing, packaging, or
maintenance or transportation services.';
(I) by striking `(or subdivision)'; and
(II) by inserting `, or services, used in
the production of articles or in the supply of services, as the case
may be,' after `for articles'; and
(v) by adding at the end the following:
`(5) REFERENCE TO FIRM- For purposes of subsection (a), the term `firm' does not include a public agency.'.
(3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 2291(a)(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking `or subdivision of a firm'; and
(B) in subparagraph (C), by striking `or subdivision'.
SEC. 1802. SEPARATE BASIS FOR CERTIFICATION.
Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended by adding at the end the following:
`(f) Firms Identified by the International Trade
Commission- Notwithstanding any other provision of this chapter, a
group of workers covered by a petition filed under section 221 shall be
certified under subsection (a) as eligible to apply for adjustment
assistance under this chapter if--
`(1) the workers' firm is publicly identified by name
by the International Trade Commission as a member of a domestic
industry in an investigation resulting in--
`(A) an affirmative determination of serious injury or threat thereof under section 202(b)(1);
`(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1); or
`(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of
the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
`(2) the petition is filed during the one-year period beginning on the date on which--
`(A) a summary of the report submitted to the
President by the International Trade Commission under section 202(f)(1)
with respect to the affirmative determination described in paragraph
(1)(A) is published in the Federal Register under section 202(f)(3); or
`(B) notice of an affirmative determination
described in subparagraph (B) or (C) of paragraph (1) is published in
the Federal Register; and
`(3) the workers have become totally or partially separated from the workers' firm within--
`(A) the one-year period described in paragraph (2); or
`(B) notwithstanding section 223(b), the one-year period preceding the one-year period described in paragraph (2).'.
SEC. 1803. DETERMINATIONS BY SECRETARY OF LABOR.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended--
(1) in subsection (b), by striking `or appropriate
subdivision of the firm before his application' and all that follows
and inserting `before the worker's application under section 231
occurred more than one year before the date of the petition on which
such certification was granted.';
(2) in subsection (c), by striking `together with his
reasons' and inserting `and on the website of the Department of Labor,
together with the Secretary's reasons';
(A) by striking `or subdivision of the firm' and
all that follows through `he shall' and inserting `, that total or
partial separations from such firm are no longer attributable to the
conditions specified in section 222, the Secretary shall'; and
(B) by striking `together with his reasons' and
inserting `and on the website of the Department of Labor, together with
the Secretary's reasons'; and
(4) by adding at the end the following:
`(e) Standards for Investigations and Determinations-
`(1) IN GENERAL- The Secretary shall establish
standards, including data requirements, for investigations of petitions
filed under section 221 and criteria for making determinations under
subsection (a).
`(2) CONSULTATIONS- Not less than 90 days before
issuing a final rule with respect to the standards required under
paragraph (1), the Secretary shall consult with the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives with respect to such rule.'.
SEC. 1804. MONITORING AND REPORTING RELATING TO SERVICE SECTOR.
(a) In General- Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--
(1) in the heading, by striking `system' and inserting `and data collection';
(2) in the first sentence--
(A) by striking `The Secretary' and inserting `(a) Monitoring Programs- The Secretary';
(B) by inserting `and services' after `imports of articles';
(C) by inserting `and domestic supply of services' after `domestic production';
(D) by inserting `or supplying services' after `producing articles'; and
(E) by inserting `, or supply of services,' after `changes in production'; and
(3) by adding at the end the following:
`(b) Collection of Data and Reports on Service Sector-
`(1) SECRETARY OF LABOR- Not later than 90 days after
the date of the enactment of this subsection, the Secretary of Labor
shall implement a system to collect data on adversely affected workers
employed in the service sector that includes the number of workers by
State and industry, and by the cause of the dislocation of each worker,
as identified in the certification.
`(2) SECRETARY OF COMMERCE- Not later than 1 year after
such date of enactment, the Secretary of Commerce shall, in
consultation with the Secretary of Labor, conduct a study and submit to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report on ways to improve the
timeliness and coverage of data on trade in services, including methods
to identify increased imports due to the relocation of United States
firms to foreign countries, and increased imports due to United States
firms acquiring services from firms in foreign countries.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 282 and
inserting the following:
`Sec. 282. Trade monitoring and data collection.'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
Subpart B--Industry Notifications Following Certain Affirmative Determinations
SEC. 1811. NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE DETERMINATIONS.
(a) In General- Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended--
(1) by amending the heading to read as follows:
`SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.';
(2) in subsection (a), by striking `Whenever' and inserting `Study of Domestic Industry- Whenever';
(A) by striking `The report' and inserting `Report by the Secretary- The report'; and
(B) by inserting `and on the website of the Department of Labor' after `Federal Register'; and
(4) by adding at the end the following:
`(c) Notifications Following Affirmative Global Safeguard
Determinations- Upon making an affirmative determination under section
202(b)(1), the Commission shall promptly notify the Secretary of Labor
and the Secretary of Commerce and, in the case of a determination with
respect to an agricultural commodity, the Secretary of Agriculture, of
the determination.
`(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations-
`(1) NOTIFICATIONS OF DETERMINATIONS OF MARKET
DISRUPTION- Upon making an affirmative determination under section
421(b)(1), the Commission shall promptly notify the Secretary of Labor
and the Secretary of Commerce and, in the case of a determination with
respect to an agricultural commodity, the Secretary of Agriculture, of
the determination.
`(2) NOTIFICATIONS REGARDING TRADE AGREEMENT
SAFEGUARDS- Upon making an affirmative determination in a proceeding
initiated under an applicable safeguard provision (other than a
provision described in paragraph (3)) that is enacted to implement a
trade agreement to which the United States is a party, the Commission
shall promptly notify the Secretary of Labor and the Secretary of
Commerce and, in the case of a determination with respect to an
agricultural commodity, the Secretary of Agriculture, of the
determination.
`(3) NOTIFICATIONS REGARDING TEXTILE AND APPAREL
SAFEGUARDS- Upon making an affirmative determination in a proceeding
initiated under any safeguard provision relating to textile and apparel
articles that is enacted to implement a trade agreement to which the
United States is a party, the President shall promptly notify the
Secretary of Labor and the Secretary of Commerce of the determination.
`(e) Notifications Following Certain Affirmative
Determinations Under Title Vii of the Tariff Act of 1930- Upon making
an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A)
of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of
Labor and the Secretary of Commerce and, in the case of a determination
with respect to an agricultural commodity, the Secretary of
Agriculture, of the determination.
`(f) Industry Notification of Assistance- Upon receiving a
notification of a determination under subsection (c), (d), or (e) with
respect to a domestic industry--
`(1) the Secretary of Labor shall--
`(A) notify the representatives of the domestic
industry affected by the determination, firms publicly identified by
name during the course of the proceeding relating to the determination,
and any certified or recognized union or, to the extent practicable,
other duly authorized representative of workers employed by such
representatives of the domestic industry, of--
`(i) the allowances, training, employment services, and other benefits available under this chapter;
`(ii) the manner in which to file a petition and apply for such benefits; and
`(iii) the availability of assistance in filing such petitions;
`(B) notify the Governor of each State in which one
or more firms in the industry described in subparagraph (A) are located
of the Commission's determination and the identity of the firms; and
`(C) upon request, provide any assistance that is necessary to file a petition under section 221;
`(2) the Secretary of Commerce shall--
`(A) notify the representatives of the domestic
industry affected by the determination and any firms publicly
identified by name during the course of the proceeding relating to the
determination of--
`(i) the benefits available under chapter 3;
`(ii) the manner in which to file a petition and apply for such benefits; and
`(iii) the availability of assistance in filing such petitions; and
`(B) upon request, provide any assistance that is necessary to file a petition under section 251; and
`(3) in the case of an affirmative determination based
upon imports of an agricultural commodity, the Secretary of Agriculture
shall--
`(A) notify representatives of the domestic
industry affected by the determination and any agricultural commodity
producers publicly identified by name during the course of the
proceeding relating to the determination of--
`(i) the benefits available under chapter 6;
`(ii) the manner in which to file a petition and apply for such benefits; and
`(iii) the availability of assistance in filing such petitions; and
`(B) upon request, provide any assistance that is necessary to file a petition under section 292.
`(g) Representatives of the Domestic Industry- For purposes
of subsection (f), the term `representatives of the domestic industry'
means the persons that petitioned for relief in connection with--
`(1) a proceeding under section 202 or 421 of this Act;
`(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or
`(3) any safeguard investigation described in subsection (d)(2) or (d)(3).'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 224 and
inserting the following:
`Sec. 224. Study and notifications regarding certain affirmative determinations; industry notification of assistance.'.
SEC. 1812. NOTIFICATION TO SECRETARY OF COMMERCE.
Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amended by adding at the end the following:
`(c) Upon issuing a certification under section 223, the
Secretary shall notify the Secretary of Commerce of the identity of
each firm covered by the certification.'.
Subpart C--Program Benefits
SEC. 1821. QUALIFYING REQUIREMENTS FOR WORKERS.
(a) In General- Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended--
(1) by striking subclauses (I) and (II) and inserting the following:
`(I) in the case of a worker whose most recent
total separation from adversely affected employment that meets the
requirements of paragraphs (1) and (2) occurs after the date on which
the Secretary issues a certification covering the worker, the last day
of the 26th week after such total separation,
`(II) in the case of a worker whose most recent
total separation from adversely affected employment that meets the
requirements of paragraphs (1) and (2) occurs before the date on which
the Secretary issues a certification covering the worker, the last day
of the 26th week after the date of such certification,';
(A) by striking `later of the dates specified in
subclause (I) or (II)' and inserting `date specified in subclause (I)
or (II), as the case may be'; and
(B) by striking `or' at the end;
(3) by redesignating subclause (IV) as subclause (V); and
(4) by inserting after subclause (III) the following:
`(IV) in the case of a worker who fails to
enroll by the date required by subclause (I), (II), or (III), as the
case may be, due to the failure to provide the worker with timely
information regarding the date specified in such subclause, the last
day of a period determined by the Secretary, or'.
(b) Waivers of Training Requirements- Section 231(c) of the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended--
(1) in paragraph (1)(B)--
(A) by striking `The worker possesses' and inserting the following:
`(i) IN GENERAL- The worker possesses'; and
(B) by adding at the end the following:
`(ii) MARKETABLE SKILLS DEFINED- For purposes
of clause (i), the term `marketable skills' may include the possession
of a postgraduate degree from an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)) or an equivalent institution, or the possession of an equivalent
postgraduate certification in a specialized field.';
(2) in paragraph (2)(A), by striking `A waiver' and inserting `Except as provided in paragraph (3)(B), a waiver'; and
(A) in subparagraph (A), by striking `Pursuant to
an agreement under section 239, the Secretary may authorize a' and
inserting `An agreement under section 239 shall authorize a';
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
`(B) REVIEW OF WAIVERS- An agreement under section
239 shall require a cooperating State to review each waiver issued by
the State under subparagraph (A), (B), (D), (E), or (F) of paragraph
(1)--
`(i) 3 months after the date on which the State issues the waiver; and
`(ii) on a monthly basis thereafter.'.
(c) Conforming Amendments-
(1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291), as amended, is further amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking `more than 60 days' and all that follows
through `section 221' and inserting `on or after the date of such
certification'; and
(i) by striking paragraph (2); and
(II) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
(III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
(IV) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.
(2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively.
SEC. 1822. WEEKLY AMOUNTS.
Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended--
(A) by striking `subsections (b) and (c)' and inserting `subsections (b), (c), and (d)';
(B) by striking `total unemployment' the first place it appears and inserting `unemployment'; and
(C) in paragraph (2), by inserting before the
period the following: `, except that in the case of an adversely
affected worker who is participating in training under this chapter,
such income shall not include earnings from work for such week that are
equal to or less than the most recent weekly benefit amount of the
unemployment insurance payable to the worker for a week of total
unemployment preceding the worker's first exhaustion of unemployment
insurance (as determined for purposes of section 231(a)(3)(B))'; and
(2) by adding at the end the following:
`(d) Election of Trade Readjustment Allowance or
Unemployment Insurance- Notwithstanding section 231(a)(3)(B), an
adversely affected worker may elect to receive a trade readjustment
allowance instead of unemployment insurance during any week with
respect to which the worker--
`(1) is entitled to receive unemployment insurance as a
result of the establishment by the worker of a new benefit year under
State law, based in whole or in part upon part-time or short-term
employment in which the worker engaged after the worker's most recent
total separation from adversely affected employment; and
`(2) is otherwise entitled to a trade readjustment allowance.'.
SEC. 1823. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES; ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN TRAINING.
Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended--
(1) in paragraph (2), by inserting `under paragraph (1)' after `trade readjustment allowance'; and
(A) in the matter preceding subparagraph (A)--
(i) by striking `training approved for him' and inserting `a training program approved for the worker';
(ii) by striking `52 additional weeks' and inserting `78 additional weeks'; and
(iii) by striking `52-week' and inserting `91-week'; and
(B) in the matter following subparagraph (B), by striking `52-week' and inserting `91-week'.
SEC. 1824. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY PERIOD.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as amended, is further amended by adding at the end the following:
`(g) Special Rule for Calculating Separation-
Notwithstanding any other provision of this chapter, any period during
which a judicial or administrative appeal is pending with respect to
the denial by the Secretary of a petition under section 223 shall not
be counted for purposes of calculating the period of separation under
subsection (a)(2).
`(h) Special Rule for Justifiable Cause- If the Secretary
determines that there is justifiable cause, the Secretary may extend
the period during which trade readjustment allowances are payable to an
adversely affected worker under paragraphs (2) and (3) of subsection
(a) (but not the maximum amounts of such allowances that are payable
under this section).
`(i) Special Rule With Respect to Military Service-
`(1) IN GENERAL- Notwithstanding any other provision of
this chapter, the Secretary may waive any requirement of this chapter
that the Secretary determines is necessary to ensure that an adversely
affected worker who is a member of a reserve component of the Armed
Forces and serves a period of duty described in paragraph (2) is
eligible to receive a trade readjustment allowance, training, and other
benefits under this chapter in the same manner and to the same extent
as if the worker had not served the period of duty.
`(2) PERIOD OF DUTY DESCRIBED- An adversely affected
worker serves a period of duty described in this paragraph if, before
completing training under section 236, the worker--
`(A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
`(B) in the case of a member of the Army National
Guard of the United States or Air National Guard of the United States,
performs full-time National Guard duty under section 502(f) of title
32, United States Code, for 30 consecutive days or more when authorized
by the President or the Secretary of Defense for the purpose of
responding to a national emergency declared by the President and
supported by Federal funds.'.
SEC. 1825. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING OF CLAIMS.
Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is amended--
(1) by striking `Except where inconsistent' and inserting `(a) In General- Except where inconsistent'; and
(2) by adding at the end the following:
`(b) Special Rule With Respect to State Laws and
Regulations on Good Cause for Waiver of Time Limits or Late Filing of
Claims- Any law, regulation, policy, or practice of a cooperating State
that allows for a waiver for good cause of any time limitation relating
to the administration of the State unemployment insurance law shall, in
the administration of the program under this chapter by the State,
apply to any time limitation with respect to an application for a trade
readjustment allowance or enrollment in training under this chapter.'.
SEC. 1826. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
(a) In General- Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended to read as follows:
`SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
`The Secretary shall make available, directly or through
agreements with States under section 239, to adversely affected workers
and adversely affected incumbent workers covered by a certification
under subchapter A of this chapter the following employment and case
management services:
`(1) Comprehensive and specialized assessment of skill levels and service needs, including through--
`(A) diagnostic testing and use of other assessment tools; and
`(B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
`(2) Development of an individual employment plan to
identify employment goals and objectives, and appropriate training to
achieve those goals and objectives.
`(3) Information on training available in local and
regional areas, information on individual counseling to determine which
training is suitable training, and information on how to apply for such
training.
`(4) Information on how to apply for financial aid,
including referring workers to educational opportunity centers
described in section 402F of the Higher Education Act of 1965 (20
U.S.C. 1070a-16), where applicable, and notifying workers that the
workers may request financial aid administrators at institutions of
higher education (as defined in section 102 of such Act (20 U.S.C.
1002)) to use the administrators' discretion under section 479A of such
Act (20 U.S.C. 1087tt) to use current year income data, rather than
preceding year income data, for determining the amount of need of the
workers for Federal financial assistance under title IV of such Act (20
U.S.C. 1070 et seq.).
`(5) Short-term prevocational services, including
development of learning skills, communications skills, interviewing
skills, punctuality, personal maintenance skills, and professional
conduct to prepare individuals for employment or training.
`(6) Individual career counseling, including job search
and placement counseling, during the period in which the individual is
receiving a trade adjustment allowance or training under this chapter,
and after receiving such training for purposes of job placement.
`(7) Provision of employment statistics information,
including the provision of accurate information relating to local,
regional, and national labor market areas, including--
`(A) job vacancy listings in such labor market areas;
`(B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
`(C) information relating to local occupations that are in demand and earnings potential of such occupations; and
`(D) skills requirements for local occupations described in subparagraph (C).
`(8) Information relating to the availability of
supportive services, including services relating to child care,
transportation, dependent care, housing assistance, and need-related
payments that are necessary to enable an individual to participate in
training.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 235 and
inserting the following:
`235. Employment and case management services.'.
SEC. 1827. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.
(a) In General- Part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended
by inserting after section 235 the following:
`SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.
`(a) Funding for Administrative Expenses and Employment and Case Management Services-
`(1) IN GENERAL- In addition to any funds made
available to a State to carry out section 236 for a fiscal year, the
State shall receive for the fiscal year a payment in an amount that is
equal to 15 percent of the amount of such funds.
`(2) USE OF FUNDS- A State that receives a payment under paragraph (1) shall--
`(A) use not more than 2/3 of such payment for the
administration of the trade adjustment assistance for workers program
under this chapter, including for--
`(i) processing waivers of training requirements under section 231;
`(ii) collecting, validating, and reporting data required under this chapter; and
`(iii) providing reemployment trade adjustment assistance under section 246; and
`(B) use not less than 1/3 of such payment for employment and case management services under section 235.
`(b) Additional Funding for Employment and Case Management Services-
`(1) IN GENERAL- In addition to any funds made
available to a State to carry out section 236 and the payment under
subsection (a)(1) for a fiscal year, the Secretary shall provide to the
State for the fiscal year a payment in the amount of $350,000.
`(2) USE OF FUNDS- A State that receives a payment
under paragraph (1) shall use such payment for the purpose of providing
employment and case management services under section 235.
`(3) VOLUNTARY RETURN OF FUNDS- A State that receives a
payment under paragraph (1) may decline or otherwise return such
payment to the Secretary.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating to section
235 the following:
`Sec. 235A. Funding for administrative expenses and employment and case management services.'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 1828. TRAINING FUNDING.
(a) In General- Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended to read as follows:
`(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed--
`(i) for each of the fiscal years 2009 and 2010, $575,000,000; and
`(ii) for the period beginning October 1, 2010, and ending December 31, 2010, $143,750,000.
`(B)(i) The Secretary shall, as soon as practicable after
the beginning of each fiscal year, make an initial distribution of the
funds made available to carry out this section, in accordance with the
requirements of subparagraph (C).
`(ii) The Secretary shall ensure that not less than 90
percent of the funds made available to carry out this section for a
fiscal year are distributed to the States by not later than July 15 of
that fiscal year.
`(C)(i) In making the initial distribution of funds
pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall
hold in reserve 35 percent of the funds made available to carry out
this section for that fiscal year for additional distributions during
the remainder of the fiscal year.
`(ii) Subject to clause (iii), in determining how to
apportion the initial distribution of funds pursuant to subparagraph
(B)(i) in a fiscal year, the Secretary shall take into account, with
respect to each State--
`(I) the trend in the number of workers covered by
certifications of eligibility under this chapter during the most recent
4 consecutive calendar quarters for which data are available;
`(II) the trend in the number of workers participating
in training under this section during the most recent 4 consecutive
calendar quarters for which data are available;
`(III) the number of workers estimated to be participating in training under this section during the fiscal year;
`(IV) the amount of funding estimated to be necessary
to provide training approved under this section to such workers during
the fiscal year; and
`(V) such other factors as the Secretary considers appropriate relating to the provision of training under this section.
`(iii) In no case may the amount of the initial
distribution to a State pursuant to subparagraph (B)(i) in a fiscal
year be less than 25 percent of the initial distribution to the State
in the preceding fiscal year.
`(D) The Secretary shall establish procedures for the
distribution of the funds that remain available for the fiscal year
after the initial distribution required under subparagraph (B)(i). Such
procedures may include the distribution of funds pursuant to requests
submitted by States in need of such funds.
`(E) If, during a fiscal year, the Secretary estimates that
the amount of funds necessary to pay the costs of training approved
under this section will exceed the dollar amount limitation specified
in subparagraph (A), the Secretary shall decide how the amount of funds
made available to carry out this section that have not been distributed
at the time of the estimate will be apportioned among the States for
the remainder of the fiscal year.'.
(b) Determinations Regarding Training- Section 236(a)(9) of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended--
(1) by striking `The Secretary' and inserting `(A) Subject to subparagraph (B), the Secretary'; and
(2) by adding at the end the following:
`(B)(i) In determining under paragraph (1)(E) whether a
worker is qualified to undertake and complete training, the Secretary
may approve training for a period longer than the worker's period of
eligibility for trade readjustment allowances under part I if the
worker demonstrates a financial ability to complete the training after
the expiration of the worker's period of eligibility for such trade
readjustment allowances.
`(ii) In determining the reasonable cost of training under
paragraph (1)(F) with respect to a worker, the Secretary may consider
whether other public or private funds are reasonably available to the
worker, except that the Secretary may not require a worker to obtain
such funds as a condition of approval of training under paragraph (1).'.
(c) Regulations- Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following:
`(g) Regulations With Respect to Apportionment of Training Funds to States-
`(1) IN GENERAL- Not later than 1 year after the date
of the enactment of this subsection, the Secretary shall issue such
regulations as may be necessary to carry out the provisions of
subsection (a)(2).
`(2) CONSULTATIONS- The Secretary shall consult with
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives not less than 90 days before
issuing any regulation pursuant to paragraph (1).'.
(d) Effective Date- This section and the amendments made by
this section shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, except that--
(1) subparagraph (A) of section 236(a)(2) of the Trade
Act of 1974, as amended by subsection (a) of this section, shall take
effect on the date of the enactment of this Act; and
(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) shall take effect on October 1, 2009.
SEC. 1829. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.
(a) In General- Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking `and' at the end of clause (i);
(B) by adding `and' at the end of clause (ii); and
(C) by inserting after clause (ii) the following:
`(iii) apprenticeship programs registered under the
Act of August 16, 1937 (commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),';
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (D) the following:
`(E) any program of prerequisite education or
coursework required to enroll in training that may be approved under
this section,';
(4) in subparagraph (F)(ii), as redesignated by paragraph (2), by striking `and' at the end;
(5) in subparagraph (G), as redesignated by paragraph (2), by striking the period at the end and inserting `, and'; and
(6) by adding at the end the following:
`(H) any training program or coursework at an
accredited institution of higher education (described in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002)), including a
training program or coursework for the purpose of--
`(i) obtaining a degree or certification; or
`(ii) completing a degree or certification that the
worker had previously begun at an accredited institution of higher
education.
The Secretary may not limit approval of a training program
under paragraph (1) to a program provided pursuant to title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).'.
(b) Conforming Amendments- Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)(2), by inserting `prerequisite education or' after `requires a program of'; and
(2) in subsection (f) (as redesignated by section
1821(c) of this subtitle), by inserting `prerequisite education or'
after `includes a program of'.
(c) Technical Corrections- Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended--
(A) in paragraph (1), in the flush text, by striking `his behalf' and inserting `the worker's behalf'; and
(B) in paragraph (3), by striking `this paragraph (1)' and inserting `paragraph (1)'; and
(2) in subsection (b)(2), by striking `, and' and inserting a period.
SEC. 1830. PRE-LAYOFF AND PART-TIME TRAINING.
(1) IN GENERAL- Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended--
(A) in paragraph (1), by inserting after
`determines' the following: `, with respect to an adversely affected
worker or an adversely affected incumbent worker,';
(i) in subparagraphs (A) and (B), by inserting
`or an adversely affected incumbent worker' after `an adversely
affected worker' each place it appears; and
(ii) in subparagraph (C), by inserting `or
adversely affected incumbent worker' after `adversely affected worker'
each place it appears;
(C) in paragraph (5), in the matter preceding
subparagraph (A), by striking `The training programs' and inserting
`Except as provided in paragraph (10), the training programs';
(D) in paragraph (6)(B), by inserting `or adversely affected incumbent worker' after `adversely affected worker';
(E) in paragraph (7)(B), by inserting `or adversely affected incumbent worker' after `adversely affected worker'; and
(F) by inserting after paragraph (9) the following:
`(10) In the case of an adversely affected incumbent worker, the Secretary may not approve--
`(A) on-the-job training under paragraph (5)(A)(i); or
`(B) customized training under paragraph (5)(A)(ii),
unless such training is for a position other than the worker's
adversely affected employment.
`(11) If the Secretary determines that an adversely
affected incumbent worker for whom the Secretary approved training
under this section is no longer threatened with a total or partial
separation, the Secretary shall terminate the approval of such
training.'.
(2) DEFINITIONS- Section 247 of the Trade Act of 1974
(19 U.S.C. 2319), as amended, is further amended by adding at the end
the following:
`(19) The term `adversely affected incumbent worker' means a worker who--
`(A) is a member of a group of workers who have
been certified as eligible to apply for adjustment assistance under
subchapter A;
`(B) has not been totally or partially separated from adversely affected employment; and
`(C) the Secretary determines, on an individual basis, is threatened with total or partial separation.'.
(b) Part-Time Training- Section 236 of the Trade Act of
1974 (19 U.S.C. 2296), as amended, is further amended by adding at the
end the following:
`(1) IN GENERAL- The Secretary may approve full-time or part-time training for a worker under subsection (a).
`(2) LIMITATION- Notwithstanding paragraph (1), a
worker participating in part-time training approved under subsection
(a) may not receive a trade readjustment allowance under section 231.'.
SEC. 1831. ON-THE-JOB TRAINING.
(a) In General- Section 236(c) of the Trade Act of 1974 (19 U.S.C. 2296(c)) is amended--
(1) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J) and moving such subparagraphs 2 ems to
the right;
(2) by striking `(c) The Secretary shall' and all that follows through `such costs,' and inserting the following:
`(c) On-the-Job Training Requirements-
`(1) IN GENERAL- The Secretary may approve on-the-job training for any adversely affected worker if--
`(A) the worker meets the requirements for training to be approved under subsection (a)(1);
`(B) the Secretary determines that on-the-job training--
`(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
`(ii) is compatible with the skills of the worker;
`(iii) includes a curriculum through which the
worker will gain the knowledge or skills to become proficient in the
job for which the worker is being trained; and
`(iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
`(C) the State determines that the on-the-job
training program meets the requirements of clauses (iii) and (iv) of
subparagraph (B).
`(2) MONTHLY PAYMENTS- The Secretary shall pay the
costs of on-the-job training approved under paragraph (1) in monthly
installments.
`(3) CONTRACTS FOR ON-THE-JOB TRAINING-
`(A) IN GENERAL- The Secretary shall ensure, in
entering into a contract with an employer to provide on-the-job
training to a worker under this subsection, that the skill requirements
of the job for which the worker is being trained, the academic and
occupational skill level of the worker, and the work experience of the
worker are taken into consideration.
`(B) TERM OF CONTRACT- Training under any such
contract shall be limited to the period of time required for the worker
receiving on-the-job training to become proficient in the job for which
the worker is being trained, but may not exceed 104 weeks in any case.
`(4) EXCLUSION OF CERTAIN EMPLOYERS- The Secretary
shall not enter into a contract for on-the-job training with an
employer that exhibits a pattern of failing to provide workers
receiving on-the-job training from the employer with--
`(A) continued, long-term employment as regular employees; and
`(B) wages, benefits, and working conditions that
are equivalent to the wages, benefits, and working conditions provided
to regular employees who have worked a similar period of time and are
doing the same type of work as workers receiving on-the-job training
from the employer.
`(5) LABOR STANDARDS- The Secretary may pay the costs of on-the-job training,'; and
(3) in paragraph (5), as redesignated--
(A) in subparagraph (I), as redesignated by
paragraph (1) of this section, by striking `paragraphs (1), (2), (3),
(4), (5), and (6)' and inserting `subparagraphs (A), (B), (C), (D),
(E), and (F)'; and
(B) in subparagraph (J), as redesignated by
paragraph (1) of this section, by striking `paragraph (8)' and
inserting `subparagraph (H)'.
(b) Repeal of Preference for Training on the Job- Section
236(a)(1) of the Trade Act of 1974 (19 U.S.C. 2296(a)(1)) is amended by
striking the last sentence.
SEC. 1832. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM BENEFITS WHILE IN TRAINING.
Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) is amended to read as follows:
`(d) Eligibility- An adversely affected worker may not be
determined to be ineligible or disqualified for unemployment insurance
or program benefits under this subchapter--
`(1) because the worker--
`(A) is enrolled in training approved under subsection (a);
`(i) that was not suitable employment in order to enroll in such training; or
`(ii) that the worker engaged in on a temporary
basis during a break in such training or a delay in the commencement of
such training; or
`(C) left on-the-job training not later than 30
days after commencing such training because the training did not meet
the requirements of subsection (c)(1)(B); or
`(2) because of the application to any such week in
training of the provisions of State law or Federal unemployment
insurance law relating to availability for work, active search for
work, or refusal to accept work.'.
SEC. 1833. JOB SEARCH AND RELOCATION ALLOWANCES.
(a) Job Search Allowances- Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended--
(1) in subsection (a)(2)(C)(ii), by striking `, unless the worker received a waiver under section 231(c)'; and
(A) in paragraph (1), by striking `90 percent of the cost of' and inserting `all'; and
(B) in paragraph (2), by striking `$1,250' and inserting `$1,500'.
(b) Relocation Allowances- Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended--
(1) in subsection (a)(2)(E)(ii), by striking `, unless the worker received a waiver under section 231(c)'; and
(A) in paragraph (1), by striking `90 percent of the' and inserting `all'; and
(B) in paragraph (2), by striking `$1,250' and inserting `$1,500'.
Subpart D--Reemployment Trade Adjustment Assistance Program
SEC. 1841. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) In General- Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended--
(1) by amending the heading to read as follows:
`SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.';
(i) by striking `Not later than' and all that follows through `2002, the Secretary' and inserting `The Secretary'; and
(ii) by striking `an alternative trade
adjustment assistance program for older workers' and inserting `a
reemployment trade adjustment assistance program';
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by
striking `for a period not to exceed 2 years' and inserting `for the
eligibility period under subparagraph (A) or (B) of paragraph (4) (as
the case may be)'; and
(II) by striking clauses (i) and (ii) and inserting the following:
`(i) the wages received by the worker at the time of separation; and
`(ii) the wages received by the worker from reemployment.';
(ii) in subparagraph (B)--
(I) by striking `for a period not to exceed
2 years' and inserting `for the eligibility period under subparagraph
(A) or (B) of paragraph (4) (as the case may be)'; and
(II) by striking `, as added by section 201 of the Trade Act of 2002'; and
(iii) by adding at the end the following:
`(C) TRAINING AND OTHER SERVICES- A worker
described in paragraph (3)(B) participating in the program established
under paragraph (1) is eligible to receive training approved under
section 236 and employment and case management services under section
235.'; and
(C) by striking paragraphs (3) through (5) and inserting the following:
`(A) IN GENERAL- A group of workers certified under
subchapter A as eligible for adjustment assistance under subchapter A
is eligible for benefits described in paragraph (2) under the program
established under paragraph (1).
`(B) INDIVIDUAL ELIGIBILITY- A worker in a group of
workers described in subparagraph (A) may elect to receive benefits
described in paragraph (2) under the program established under
paragraph (1) if the worker--
`(i) is at least 50 years of age;
`(ii) earns not more than $55,000 each year in wages from reemployment;
`(iii)(I) is employed on a full-time basis as
defined by the law of the State in which the worker is employed and is
not enrolled in a training program approved under section 236; or
`(II) is employed at least 20 hours per week and is enrolled in a training program approved under section 236; and
`(iv) is not employed at the firm from which the worker was separated.
`(4) ELIGIBILITY PERIOD FOR PAYMENTS-
`(A) WORKER WHO HAS NOT RECEIVED TRADE READJUSTMENT
ALLOWANCE- In the case of a worker described in paragraph (3)(B) who
has not received a trade readjustment allowance under part I of
subchapter B pursuant to the certification described in paragraph
(3)(A), the worker may receive benefits described in paragraph (2) for
a period not to exceed 2 years beginning on the earlier of--
`(i) the date on which the worker exhausts all
rights to unemployment insurance based on the separation of the worker
from the adversely affected employment that is the basis of the
certification; or
`(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).
`(B) WORKER WHO HAS RECEIVED TRADE READJUSTMENT
ALLOWANCE- In the case of a worker described in paragraph (3)(B) who
has received a trade readjustment allowance under part I of subchapter
B pursuant to the certification described in paragraph (3)(A), the
worker may receive benefits described in paragraph (2) for a period of
104 weeks beginning on the date on which the worker obtains
reemployment described in paragraph (3)(B), reduced by the total number
of weeks for which the worker received such trade readjustment
allowance.
`(5) TOTAL AMOUNT OF PAYMENTS-
`(A) IN GENERAL- The payments described in paragraph (2)(A) made to a worker may not exceed--
`(i) $12,000 per worker during the eligibility period under paragraph (4)(A); or
`(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).
`(B) AMOUNT DESCRIBED- The amount described in this subparagraph is the amount equal to the product of--
`(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to
`(6) CALCULATION OF AMOUNT OF PAYMENTS FOR CERTAIN WORKERS-
`(A) IN GENERAL- In the case of a worker described
in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by
substituting the percentage described in subparagraph (B) for `50
percent'.
`(B) PERCENTAGE DESCRIBED- The percentage described in this subparagraph is the percentage--
`(i) equal to 1/2 of the ratio of--
`(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to
`(II) the number of weekly hours of employment of the worker at the time of separation, but
`(ii) in no case more than 50 percent.
`(7) LIMITATION ON OTHER BENEFITS- A worker described
in paragraph (3)(B) may not receive a trade readjustment allowance
under part I of subchapter B pursuant to the certification described in
paragraph (3)(A) during any week for which the worker receives a
payment described in paragraph (2)(A).'; and
(3) in subsection (b)(2), by striking `subsection (a)(3)(B)' and inserting `subsection (a)(3)'.
(b) Extension of Program- Section 246(b)(1) of the Trade
Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking `the date
that is 5 years' and all that follows through the end period and
inserting `December 31, 2010.'.
(c) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 246 and
inserting the following:
`Sec. 246. Reemployment trade adjustment assistance program.'.
Subpart E--Other Matters
SEC. 1851. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General- Subchapter C of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by adding at
the end the following:
`SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.
`(a) Establishment- There is established in the Department
of Labor an office to be known as the Office of Trade Adjustment
Assistance (in this section referred to as the `Office').
`(b) Head of Office- The head of the Office shall be an
administrator, who shall report directly to the Deputy Assistant
Secretary for Employment and Training.
`(c) Principal Functions- The principal functions of the administrator of the Office shall be--
`(1) to oversee and implement the administration of trade adjustment assistance program under this chapter; and
`(2) to carry out functions delegated to the Secretary of Labor under this chapter, including--
`(A) making determinations under section 223;
`(B) providing information under section 225 about
trade adjustment assistance to workers and assisting such workers to
prepare petitions or applications for program benefits;
`(C) providing assistance to employers of groups of
workers that have filed petitions under section 221 in submitting
information required by the Secretary relating to the petitions;
`(D) ensuring workers covered by a certification of
eligibility under subchapter A receive the employment and case
management services described in section 235;
`(E) ensuring that States fully comply with agreements entered into under section 239;
`(F) advocating for workers applying for benefits available under this chapter;
`(G) establishing and overseeing a hotline that
workers, employers, and other entities may call to obtain information
regarding eligibility criteria, procedural requirements, and benefits
available under this chapter; and
`(H) carrying out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.
`(1) DESIGNATION- The administrator shall designate an
employee of the Department of Labor with appropriate experience and
expertise to carry out the duties described in paragraph (2).
`(2) DUTIES- The employee designated under paragraph (1) shall--
`(A) receive complaints and requests for assistance related to the trade adjustment assistance program under this chapter;
`(B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;
`(C) compile basic information concerning such complaints and requests for assistance; and
`(D) carry out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating to section
249 the following:
`Sec. 249A. Office of Trade Adjustment Assistance.'.
SEC. 1852. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH STATES.
(a) In General- Section 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)) is amended--
(1) by amending clause (2) to read as follows: `(2) in
accordance with subsection (f), shall make available to adversely
affected workers and adversely affected incumbent workers covered by a
certification under subchapter A the employment and case management
services described in section 235,'; and
(2) by striking `will' each place it appears and inserting `shall'.
(b) Form and Manner of Data- Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended--
(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and
(2) by inserting after subsection (b) the following:
`(c) Form and Manner of Data- Each agreement under this subchapter shall--
`(1) provide the Secretary with the authority to
collect any data the Secretary determines necessary to meet the
requirements of this chapter; and
`(2) specify the form and manner in which any such data requested by the Secretary shall be reported.'.
(c) State Activities- Section 239(g) of the Trade Act of 1974 (as redesignated) is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by amending paragraph (4) to read as follows:
`(4) perform outreach to, intake of, and orientation
for adversely affected workers and adversely affected incumbent workers
covered by a certification under subchapter A with respect to
assistance and benefits available under this chapter, and'; and
(3) by adding at the end the following:
`(5) make employment and case management services
described in section 235 available to adversely affected workers and
adversely affected incumbent workers covered by a certification under
subchapter A and, if funds provided to carry out this chapter are
insufficient to make such services available, make arrangements to make
such services available through other Federal programs.'.
(d) Reporting Requirement- Section 239(h) of the Trade Act
of 1974 (as redesignated) is amended by striking `1998.' and inserting
`1998 (29 U.S.C. 2822(b)) and a description of the State's rapid
response activities under section 221(a)(2)(A).'.
(e) Control Measures- Section 239 of the Trade Act of 1974
(19 U.S.C. 2311), as amended, is further amended by adding at the end
the following:
`(1) IN GENERAL- The Secretary shall require each
cooperating State and cooperating State agency to implement effective
control measures and to effectively oversee the operation and
administration of the trade adjustment assistance program under this
chapter, including by means of monitoring the operation of control
measures to improve the accuracy and timeliness of the data being
collected and reported.
`(2) DEFINITION- For purposes of paragraph (1), the term `control measures' means measures that--
`(A) are internal to a system used by a State to collect data; and
`(B) are designed to ensure the accuracy and verifiability of such data.
`(1) IN GENERAL- Any agreement entered into under this
section shall require the cooperating State or cooperating State agency
to report to the Secretary on a quarterly basis comprehensive
performance accountability data, to consist of--
`(A) the core indicators of performance described in paragraph (2)(A);
`(B) the additional indicators of performance described in paragraph (2)(B), if any; and
`(C) a description of efforts made to improve outcomes for workers under the trade adjustment assistance program.
`(2) CORE INDICATORS DESCRIBED-
`(A) IN GENERAL- The core indicators of performance described in this paragraph are--
`(i) the percentage of workers receiving
benefits under this chapter who are employed during the second calendar
quarter following the calendar quarter in which the workers cease
receiving such benefits;
`(ii) the percentage of such workers who are
employed in each of the third and fourth calendar quarters following
the calendar quarter in which the workers cease receiving such
benefits; and
`(iii) the earnings of such workers in each of
the third and fourth calendar quarters following the calendar quarter
in which the workers cease receiving such benefits.
`(B) ADDITIONAL INDICATORS- The Secretary and a
cooperating State or cooperating State agency may agree upon additional
indicators of performance for the trade adjustment assistance program
under this chapter, as appropriate.
`(3) STANDARDS WITH RESPECT TO RELIABILITY OF DATA- In
preparing the quarterly report required by paragraph (1), each
cooperating State or cooperating State agency shall establish
procedures that are consistent with guidelines to be issued by the
Secretary to ensure that the data reported are valid and reliable.'.
SEC. 1853. VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS.
Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as amended, is further amended by adding at the end the following:
`(k) Verification of Eligibility for Program Benefits-
`(1) IN GENERAL- An agreement under this subchapter
shall provide that the State shall periodically redetermine that a
worker receiving benefits under this subchapter who is not a citizen or
national of the United States remains in a satisfactory immigration
status. Once satisfactory immigration status has been initially
verified through the immigration status verification system described
in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d))
for purposes of establishing a worker's eligibility for unemployment
compensation, the State shall reverify the worker's immigration status
if the documentation provided during initial verification will expire
during the period in which that worker is potentially eligible to
receive benefits under this subchapter. The State shall conduct such
redetermination in a timely manner, utilizing the immigration status
verification system described in section 1137(d) of the Social Security
Act (42 U.S.C. 1320b-7(d)).
`(2) PROCEDURES- The Secretary shall establish
procedures to ensure the uniform application by the States of the
requirements of this subsection.'.
SEC. 1854. COLLECTION OF DATA AND REPORTS; INFORMATION TO WORKERS.
(a) In General- Subchapter C of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2311 et seq.), as amended, is further
amended by adding at the end the following:
`SEC. 249B. COLLECTION AND PUBLICATION OF DATA AND REPORTS; INFORMATION TO WORKERS.
`(a) In General- Not later than 180 days after the date of
the enactment of this section, the Secretary shall implement a system
to collect and report the data described in subsection (b), as well as
any other information that the Secretary considers appropriate to
effectively carry out this chapter.
`(b) Data to Be Included- The system required under
subsection (a) shall include collection of and reporting on the
following data for each fiscal year:
`(1) DATA ON PETITIONS FILED, CERTIFIED, AND DENIED-
`(A) The number of petitions filed, certified, and denied under this chapter.
`(B) The number of workers covered by petitions filed, certified, and denied.
`(C) The number of petitions, classified by--
`(i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and
`(ii) congressional district of the United States.
`(D) The average time for processing such petitions.
`(2) DATA ON BENEFITS RECEIVED-
`(A) The number of workers receiving benefits under this chapter.
`(B) The number of workers receiving each type of
benefit, including training, trade readjustment allowances, employment
and case management services, and relocation and job search allowances,
and, to the extent feasible, credits for health insurance costs under
section 35 of the Internal Revenue Code of 1986.
`(C) The average time during which such workers receive each such type of benefit.
`(A) The number of workers enrolled in training
approved under section 236, classified by major types of training,
including classroom training, training through distance learning,
on-the-job training, and customized training.
`(B) The number of workers enrolled in full-time training and part-time training.
`(C) The average duration of training.
`(D) The number of training waivers granted under section 231(c), classified by type of waiver.
`(E) The number of workers who complete training and the duration of such training.
`(F) The number of workers who do not complete training.
`(A) A summary of the quarterly reports required under section 239(j).
`(B) The sectors in which workers are employed after receiving benefits under this chapter.
`(5) DATA ON RAPID RESPONSE ACTIVITIES- Whether rapid
response activities were provided with respect to each petition filed
under section 221.
`(c) Classification of Data- To the extent possible, in
collecting and reporting the data described in subsection (b), the
Secretary shall classify the data by industry, State, and national
totals.
`(d) Report- Not later than December 15 of each year, the
Secretary shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives a
report that includes--
`(1) a summary of the information collected under this section for the preceding fiscal year;
`(2) information on the distribution of funds to each State pursuant to section 236(a)(2); and
`(3) any recommendations of the Secretary with respect
to changes in eligibility requirements, benefits, or training funding
under this chapter based on the data collected under this section.
`(e) Availability of Data-
`(1) IN GENERAL- The Secretary shall make available to
the public, by publishing on the website of the Department of Labor and
by other means, as appropriate--
`(A) the report required under subsection (d);
`(B) the data collected under this section, in a searchable format; and
`(C) a list of cooperating States and cooperating
State agencies that failed to submit the data required by this section
to the Secretary in a timely manner.
`(2) UPDATES- The Secretary shall update the data under paragraph (1) on a quarterly basis.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating to section
249A the following:
`Sec. 249B. Collection and publication of data and reports; information to workers.'.
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 1855. FRAUD AND RECOVERY OF OVERPAYMENTS.
Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 2315(a)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking `may waive' and inserting `shall waive'; and
(B) by striking `, in accordance with guidelines prescribed by the Secretary,'; and
(2) in subparagraph (B), by striking `would be contrary
to equity and good conscience' and inserting `would cause a financial
hardship for the individual (or the individual's household, if
applicable) when taking into consideration the income and resources
reasonably available to the individual (or household) and other
ordinary living expenses of the individual (or household)'.
SEC. 1856. SENSE OF CONGRESS ON APPLICATION OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General- Chapter 5 of title II of the Trade Act of
1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end the
following:
`SEC. 288. SENSE OF CONGRESS.
`It is the sense of Congress that the Secretaries of Labor,
Commerce, and Agriculture should apply the provisions of chapter 2
(relating to adjustment assistance for workers), chapter 3 (relating to
adjustment assistance for firms), chapter 4 (relating to adjustment
assistance for communities), and chapter 6 (relating to adjustment
assistance for farmers), respectively, with the utmost regard for the
interests of workers, firms, communities, and farmers petitioning for
benefits under such chapters.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating to section
287 the following:
`Sec. 288. Sense of Congress.'.
SEC. 1857. CONSULTATIONS IN PROMULGATION OF REGULATIONS.
Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is amended--
(1) by striking `The Secretary shall' and inserting the following:
`(a) In General- The Secretary shall'; and
(2) by adding at the end the following:
`(b) Consultations- Not later than 90 days before issuing a
regulation under subsection (a), the Secretary shall consult with the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives with respect to the regulation.'.
SEC. 1858. TECHNICAL CORRECTIONS.
(a) Determinations by Secretary of Labor- Section 223(c) of
the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended by striking `his
determination' and inserting `a determination'.
(b) Qualifying Requirements for Workers- Section 231(a) of the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended--
(A) in the matter preceding subparagraph (A), by striking `his application' and inserting `the worker's application'; and
(B) in subparagraph (A), by striking `he is covered' and inserting `the worker is covered';
(A) in subparagraph (A), by striking the period and inserting a comma; and
(B) in subparagraph (D), by striking `5 U.S.C.
8521(a)(1)' and inserting `section 8521(a)(1) of title 5, United States
Code'; and
(A) by striking `he' each place it appears and inserting `the worker'; and
(B) in subparagraph (C), by striking `him' and inserting `the worker'.
(c) Subpoena Power- Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
(1) in the section heading, by striking `subpena' and inserting `subpoena';
(2) by striking `subpena' and inserting `subpoena' each place it appears; and
(3) in subsection (a), by striking `him' and inserting `the Secretary'.
(d) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 249 and
inserting the following:
`Sec. 249. Subpoena power.'.
PART II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 1861. EXPANSION TO SERVICE SECTOR FIRMS.
(a) In General- Section 251 of the Trade Act of 1974 (19
U.S.C. 2341) is amended by inserting `or service sector firm' after
`agricultural firm' each place it appears.
(b) Definition of Service Sector Firm- Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended--
(1) by striking `chapter,' and inserting `chapter:';
(2) by striking `the term `firm' and inserting the following:
`(1) FIRM- The term `firm'; and
(3) by adding at the end the following:
`(2) SERVICE SECTOR FIRM- The term `service sector firm' means a firm engaged in the business of supplying services.'.
(c) Conforming Amendments-
(1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(C)) is amended--
(A) by inserting `or services' after `articles' the first place it appears; and
(B) by inserting `or services which are supplied' after `produced'.
(2) Section 251(c)(2)(B)(ii) of such Act is amended to read as follows:
`(ii) Any firm that engages in exploration or drilling
for oil or natural gas, or otherwise produces oil or natural gas, shall
be considered to be producing articles directly competitive with
imports of oil and with imports of natural gas.'.
SEC. 1862. MODIFICATION OF REQUIREMENTS FOR CERTIFICATION.
Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(B)) is amended to read as follows:
`(i) sales or production, or both, of the firm have decreased absolutely,
`(ii) sales or production, or both, of an article
or service that accounted for not less than 25 percent of the total
sales or production of the firm during the 12-month period preceding
the most recent 12-month period for which date are available have
decreased absolutely,
`(iii) sales or production, or both, of the firm
during the most recent 12-month period for which data are available
have decreased compared to--
`(I) the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or
`(II) the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and
`(iv) sales or production, or both, of an article
or service that accounted for not less than 25 percent of the total
sales or production of the firm during the most recent 12-month period
for which data are available have decreased compared to--
`(I) the average annual sales or production for
the article or service during the 24-month period preceding that
12-month period, or
`(II) the average annual sales or production
for the article or service during the 36-month period preceding that
12-month period, and'.
SEC. 1863. BASIS FOR DETERMINATIONS.
Section 251 of the Trade Act of 1974 (19 U.S.C. 2341), as amended, is further amended by adding at the end the following:
`(e) Basis for Secretary's Determinations- For purposes of
subsection (c)(1)(C), the Secretary may determine that there are
increased imports of like or directly competitive articles or services,
if customers accounting for a significant percentage of the decrease in
the sales or production of the firm certify to the Secretary that such
customers have increased their imports of such articles or services
from a foreign country, either absolutely or relative to their
acquisition of such articles or services from suppliers located in the
United States.
`(f) Notification to Firms of Availability of Benefits-
Upon receiving notice from the Secretary of Labor under section 225 of
the identity of a firm that is covered by a certification issued under
section 223, the Secretary of Commerce shall notify the firm of the
availability of adjustment assistance under this chapter.'.
SEC. 1864. OVERSIGHT AND ADMINISTRATION; AUTHORIZATION OF APPROPRIATIONS.
(a) In General- Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended--
(1) by striking sections 254, 255, 256, and 257;
(2) by redesignating sections 258, 259, 260, 261, 262,
264, and 265, as sections 256, 257, 258, 259, 260, 261, and 262,
respectively; and
(3) by inserting after section 253 the following:
`SEC. 254. OVERSIGHT AND ADMINISTRATION.
`(a) In General- The Secretary shall, to such extent and in
such amounts as are provided in appropriations Acts, provide grants to
intermediary organizations (referred to in section 253(b)(1))
throughout the United States pursuant to agreements with such
intermediary organizations. Each such agreement shall require the
intermediary organization to provide benefits to firms certified under
section 251. The Secretary shall, to the maximum extent practicable,
provide by October 1, 2010, that contracts entered into with
intermediary organizations be for a 12-month period and that all such
contracts have the same beginning date and the same ending date.
`(b) Distribution of Funds-
`(1) IN GENERAL- Not later than 90 days after the date
of the enactment of this subsection, the Secretary shall develop a
methodology for the distribution of funds among the intermediary
organizations described in subsection (a).
`(2) PROMPT INITIAL DISTRIBUTION- The methodology
described in paragraph (1) shall ensure the prompt initial distribution
of funds and establish additional criteria governing the apportionment
and distribution of the remainder of such funds among the intermediary
organizations.
`(3) CRITERIA- The methodology described in paragraph
(1) shall include criteria based on the data in the annual report on
the trade adjustment assistance for firms program described in section
1866 of the Trade and Globalization Adjustment Assistance Act of 2009.
`(c) Requirements for Contracts- An agreement with an
intermediary organization described in subsection (a) shall require the
intermediary organization to contract for the supply of services to
carry out grants under this chapter in accordance with terms and
conditions that are consistent with guidelines established by the
Secretary.
`(1) CONSULTATIONS REGARDING METHODOLOGY- The Secretary
shall consult with the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives--
`(A) not less than 30 days before finalizing the methodology described in subsection (b); and
`(B) not less than 60 days before adopting any changes to such methodology.
`(2) CONSULTATIONS REGARDING GUIDELINES- The Secretary
shall consult with the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives not less
than 60 days before finalizing the guidelines described in subsection
(c) or adopting any subsequent changes to such guidelines.
`SEC. 255. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to
the Secretary $50,000,000 for each of the fiscal years 2009 through
2010, and $12,501,000 for the period beginning October 1, 2010, and
ending December 31, 2010, to carry out the provisions of this chapter.
Amounts appropriated pursuant to this subsection shall--
`(1) be available to provide adjustment assistance to
firms that file a petition for such assistance pursuant to this chapter
on or before December 31, 2010; and
`(2) otherwise remain available until expended.
`(b) Personnel- Of the amounts appropriated pursuant to
this section for each fiscal year, $350,000 shall be available for
full-time positions in the Department of Commerce to administer the
provisions of this chapter. Of such funds the Secretary shall make
available to the Economic Development Administration such sums as may
be necessary to establish the position of Director of Adjustment
Assistance for Firms and such other full-time positions as may be
appropriate to administer the provisions of this chapter.'.
(b) Residual Authority- The Secretary of Commerce shall
have the authority to modify, terminate, resolve, liquidate, or take
any other action with respect to a loan, guarantee, contract, or any
other financial assistance that was extended under section 254, 255,
256, or 257 of the Trade Act of 1974 (19 U.S.C. 2344, 2345, 2346, and
2347), as in effect on the day before the effective date set forth in
section 1891.
(c) Conforming Amendments-
(1) Section 256 of the Trade Act of 1974, as
redesignated by subsection (a) of this section, is amended by striking
subsection (d).
(2) Section 258 of the Trade Act of 1974, as redesignated by subsection (a) of this section, is amended--
(A) in the first sentence, by striking `and financial'; and
(B) in the last sentence--
(i) by striking `sections 253 and 254' and inserting `section 253'; and
(ii) by striking `title 28 of the United States Code' and inserting `title 28, United States Code'.
(d) Clerical Amendments- The table of contents of the Trade
Act of 1974 is amended by striking the items relating to sections 254,
255, 256, 257, 258, 259, 260, 261, 262, 264, and 265, and inserting the
following:
`Sec. 254. Oversight and administration.
`Sec. 255. Authorization of appropriations.
`Sec. 256. Protective provisions.
`Sec. 258. Civil actions.
`Sec. 261. Study by Secretary of Commerce when
International Trade Commission begins investigation; action where there
is affirmative finding.
`Sec. 262. Assistance to industries.'.
(e) Effective Date- This section and the amendments made by
this section shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act, except that
subsections (b) and (d) of section 254 of the Trade Act of 1974 (as
added by subsection (a) of this section) shall take effect on such date
of enactment.
SEC. 1865. INCREASED PENALTIES FOR FALSE STATEMENTS.
Section 257 of the Trade Act of 1974, as redesignated by section 1864(a), is amended to read as follows:
`SEC. 257. PENALTIES.
`(1) makes a false statement of a material fact knowing
it to be false, or knowingly fails to disclose a material fact, or
willfully overvalues any security, for the purpose of influencing in
any way a determination under this chapter, or for the purpose of
obtaining money, property, or anything of value under this chapter, or
`(2) makes a false statement of a material fact knowing
it to be false, or knowingly fails to disclose a material fact, when
providing information to the Secretary during an investigation of a
petition under this chapter,
shall be imprisoned for not more than 2 years, or fined under title 18, United States Code, or both.'.
SEC. 1866. ANNUAL REPORT ON TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
(a) In General- Not later than December 15, 2009, and each
year thereafter, the Secretary of Commerce shall prepare a report
containing data regarding the trade adjustment assistance for firms
program provided for in chapter 3 of title II of the Trade Act of 1974
(19 U.S.C. 2341 et seq.) for the preceding fiscal year. The data shall
include the following:
(1) The number of firms that inquired about the program.
(2) The number of petitions filed under section 251.
(3) The number of petitions certified and denied.
(4) The average time for processing petitions.
(5) The number of petitions filed and firms certified for each congressional district of the United States.
(6) The number of firms that received assistance in preparing their petitions.
(7) The number of firms that received assistance developing business recovery plans.
(8) The number of business recovery plans approved and denied by the Secretary of Commerce.
(9) Sales, employment, and productivity at each firm participating in the program at the time of certification.
(10) Sales, employment, and productivity at each firm
upon completion of the program and each year for the 2-year period
following completion.
(11) The financial assistance received by each firm participating in the program.
(12) The financial contribution made by each firm participating in the program.
(13) The types of technical assistance included in the business recovery plans of firms participating in the program.
(14) The number of firms leaving the program before
completing the project or projects in their business recovery plans and
the reason the project was not completed.
(b) Classification of Data- To the extent possible, in
collecting and reporting the data described in subsection (a), the
Secretary shall classify the data by intermediary organization, State,
and national totals.
(c) Report to Congress; Publication- The Secretary of Commerce shall--
(1) submit the report described in subsection (a) to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives; and
(2) publish the report in the Federal Register and on the website of the Department of Commerce.
(d) Protection of Confidential Information- The Secretary
of Commerce may not release information described in subsection (a)
that the Secretary considers to be confidential business information
unless the person submitting the confidential business information had
notice, at the time of submission, that such information would be
released by the Secretary, or such person subsequently consents to the
release of the information. Nothing in this subsection shall be
construed to prohibit the Secretary from providing such confidential
business information to a court in camera or to another party under a
protective order issued by a court.
SEC. 1867. TECHNICAL CORRECTIONS.
(a) In General- Section 251 of the Trade Act of 1974 (19 U.S.C. 2341), as amended, is further amended--
(1) in subsection (a), by striking `he has' and inserting `the Secretary has'; and
(2) in subsection (d), by striking `60 days' and inserting `40 days'.
(b) Technical Assistance- Section 253(a)(3) of the Trade
Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking `of a
certified firm' and inserting `to a certified firm'.
PART III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
SEC. 1871. PURPOSE.
The purpose of the amendments made by this part is to
assist communities impacted by trade with economic adjustment through
the coordination of Federal, State, and local resources, the creation
of community-based development strategies, and the development and
provision of programs that meet the training needs of workers covered
by certifications under section 223.
SEC. 1872. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
(a) In General- Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:
`CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
`Subchapter A--Trade Adjustment Assistance for Communities
`SEC. 271. DEFINITIONS.
`(1) AGRICULTURAL COMMODITY PRODUCER- The term
`agricultural commodity producer' has the meaning given that term in
section 291.
`(2) COMMUNITY- The term `community' means a city,
county, or other political subdivision of a State or a consortium of
political subdivisions of a State.
`(3) COMMUNITY IMPACTED BY TRADE- The term `community impacted by trade' means a community described in section 273(b)(2).
`(4) ELIGIBLE COMMUNITY- The term `eligible community'
means a community that the Secretary has determined under section
273(b)(1) is eligible to apply for assistance under this subchapter.
`(5) SECRETARY- The term `Secretary' means the Secretary of Commerce.
`SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES PROGRAM.
`Not later than August 1, 2009, the Secretary shall
establish a trade adjustment assistance for communities program at the
Department of Commerce under which the Secretary shall--
`(1) provide technical assistance under section 274 to
communities impacted by trade to facilitate the economic adjustment of
those communities; and
`(2) award grants to communities impacted by trade to carry out strategic plans developed under section 276.
`SEC. 273. ELIGIBILITY; NOTIFICATION.
`(1) IN GENERAL- A community may submit a petition to
the Secretary for an affirmative determination under subsection (b)(1)
that the community is eligible to apply for assistance under this
subchapter if--
`(A) on or after August 1, 2009, one or more
certifications described in subsection (b)(3) are made with respect to
the community; and
`(B) the community submits the petition not later than 180 days after the date of the most recent certification.
`(2) SPECIAL RULE WITH RESPECT TO CERTAIN COMMUNITIES-
In the case of a community with respect to which one or more
certifications described in subsection (b)(3) were made on or after
January 1, 2007, and before August 1, 2009, the community may submit
not later than February 1, 2010, a petition to the Secretary for an
affirmative determination under subsection (b)(1).
`(b) Affirmative Determination-
`(1) IN GENERAL- The Secretary shall make an
affirmative determination that a community is eligible to apply for
assistance under this subchapter if the Secretary determines that the
community is a community impacted by trade.
`(2) COMMUNITY IMPACTED BY TRADE- A community is a community impacted by trade if--
`(A) one or more certifications described in paragraph (3) are made with respect to the community; and
`(B) the Secretary determines that the community is
significantly affected by the threat to, or the loss of, jobs
associated with any such certification.
`(3) CERTIFICATION DESCRIBED- A certification described in this paragraph is a certification--
`(A) by the Secretary of Labor that a group of workers in the community is eligible to apply for assistance under section 223;
`(B) by the Secretary of Commerce that a firm
located in the community is eligible to apply for adjustment assistance
under section 251; or
`(C) by the Secretary of Agriculture that a group
of agricultural commodity producers in the community is eligible to
apply for adjustment assistance under section 293.
`(1) NOTIFICATION TO THE GOVERNOR- The Governor of a State shall be notified promptly--
`(A) by the Secretary of Labor, upon making a
determination that a group of workers in the State is eligible for
assistance under section 223;
`(B) by the Secretary of Commerce, upon making a
determination that a firm in the State is eligible for assistance under
section 251; and
`(C) by the Secretary of Agriculture, upon making a
determination that a group of agricultural commodity producers in the
State is eligible for assistance under section 293.
`(2) NOTIFICATION TO COMMUNITY- Upon making an
affirmative determination under subsection (b)(1) that a community is
eligible to apply for assistance under this subchapter, the Secretary
shall promptly notify the community and the Governor of the State in
which the community is located--
`(A) of the affirmative determination;
`(B) of the applicable provisions of this subchapter; and
`(C) of the means for obtaining assistance under
this subchapter and other appropriate economic assistance that may be
available to the community.
`SEC. 274. TECHNICAL ASSISTANCE.
`(a) In General- The Secretary shall provide comprehensive
technical assistance to an eligible community to assist the community
to--
`(1) diversify and strengthen the economy in the community;
`(2) identify significant impediments to economic development that result from the impact of trade on the community; and
`(3) develop a strategic plan under section 276 to
address economic adjustment and workforce dislocation in the community,
including unemployment among agricultural commodity producers.
`(b) Coordination of Federal Response- The Secretary shall coordinate the Federal response to an eligible community by--
`(1) identifying Federal, State, and local resources
that are available to assist the community in responding to economic
distress; and
`(2) assisting the community in accessing available
Federal assistance and ensuring that such assistance is provided in a
targeted, integrated manner.
`(c) Interagency Community Assistance Working Group-
`(1) IN GENERAL- The Secretary shall establish an
interagency Community Assistance Working Group, to be chaired by the
Secretary or the Secretary's designee, which shall assist the Secretary
with the coordination of the Federal response pursuant to subsection
(b).
`(2) MEMBERSHIP- The Working Group shall consist of
representatives of any Federal department or agency with responsibility
for providing economic adjustment assistance, including the Department
of Agriculture, the Department of Defense, the Department of Education,
the Department of Labor, the Department of Housing and Urban
Development, the Department of Health and Human Services, the Small
Business Administration, the Department of the Treasury, and any other
Federal, State, or regional public department or agency the Secretary
determines to be appropriate.
`SEC. 275. GRANTS FOR ELIGIBLE COMMUNITIES.
`(a) In General- The Secretary may award a grant under this
section to an eligible community to assist the community in carrying
out any project or program that is included in a strategic plan
developed by the community under section 276.
`(1) IN GENERAL- An eligible community seeking to
receive a grant under this section shall submit a grant application to
the Secretary that contains--
`(A) the strategic plan developed by the community
under section 276(a)(1)(A) and approved by the Secretary under section
276(a)(1)(B); and
`(B) a description of the project or program
included in the strategic plan with respect to which the community
seeks the grant.
`(2) COORDINATION AMONG GRANT PROGRAMS- If an entity in
an eligible community is seeking or plans to seek a Community College
and Career Training Grant under section 278 or a Sector Partnership
Grant under section 279A while the eligible community is seeking a
grant under this section, the eligible community shall include in the
grant application a description of how the eligible community will
integrate any projects or programs carried out using a grant under this
section with any projects or programs that may be carried out using
such other grants.
`(c) Limitation- An eligible community may not be awarded more than $5,000,000 under this section.
`(1) FEDERAL SHARE- The Federal share of a project or
program for which a grant is awarded under this section may not exceed
95 percent of the cost of such project or program.
`(2) COMMUNITY SHARE- The Secretary shall require, as a
condition of awarding a grant to an eligible community under this
section, that the eligible community contribute not less than an amount
equal to 5 percent of the amount of the grant toward the cost of the
project or program for which the grant is awarded.
`(e) Grants to Small- and Medium-Sized Communities- The
Secretary shall give priority to grant applications submitted under
this section by eligible communities that are small- and medium-sized
communities.
`(f) Annual Report- Not later than December 15 in each of
the calendar years 2009 through 2011, the Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report--
`(1) describing each grant awarded under this section during the preceding fiscal year; and
`(2) assessing the impact on the eligible community of
each such grant awarded in a fiscal year before the fiscal year
referred to in paragraph (1).
`SEC. 276. STRATEGIC PLANS.
`(1) DEVELOPMENT- An eligible community that intends to apply for a grant under section 275 shall--
`(A) develop a strategic plan for the community's economic adjustment to the impact of trade; and
`(B) submit the plan to the Secretary for evaluation and approval.
`(2) INVOLVEMENT OF PRIVATE AND PUBLIC ENTITIES-
`(A) IN GENERAL- To the extent practicable, an
eligible community shall consult with entities described in
subparagraph (B) in developing a strategic plan under paragraph (1).
`(B) ENTITIES DESCRIBED- Entities described in this
subparagraph are public and private entities within the eligible
community, including--
`(i) local, county, or State government agencies serving the community;
`(ii) firms, including small- and medium-sized firms, within the community;
`(iii) local workforce investment boards
established under section 117 of the Workforce Investment Act of 1998
(29 U.S.C. 2832);
`(iv) labor organizations, including State
labor federations and labor-management initiatives, representing
workers in the community; and
`(v) educational institutions, local educational agencies, or other training providers serving the community.
`(b) Contents- The strategic plan shall, at a minimum, contain the following:
`(1) A description and analysis of the capacity of the
eligible community to achieve economic adjustment to the impact of
trade.
`(2) An analysis of the economic development challenges
and opportunities facing the community as well as the strengths and
weaknesses of the economy of the community.
`(3) An assessment of the commitment of the eligible
community to the strategic plan over the long term and the
participation and input of members of the community affected by
economic dislocation.
`(4) A description of the role and the participation of
the entities described in subsection (a)(2)(B) in developing the
strategic plan.
`(5) A description of the projects to be undertaken by the eligible community under the strategic plan.
`(6) A description of how the strategic plan and the
projects to be undertaken by the eligible community will facilitate the
community's economic adjustment.
`(7) A description of the educational and training
programs available to workers in the eligible community and the future
employment needs of the community.
`(8) An assessment of the cost of implementing the
strategic plan, the timing of funding required by the eligible
community to implement the strategic plan, and the method of financing
to be used to implement the strategic plan.
`(9) A strategy for continuing the economic adjustment
of the eligible community after the completion of the projects
described in paragraph (5).
`(c) Grants to Develop Strategic Plans-
`(1) IN GENERAL- The Secretary, upon receipt of an
application from an eligible community, may award a grant to the
community to assist the community in developing a strategic plan under
subsection (a)(1). A grant awarded under this paragraph shall not
exceed 75 percent of the cost of developing the strategic plan.
`(2) FUNDS TO BE USED- Of the funds appropriated
pursuant to section 277(c), the Secretary may make available not more
than $25,000,000 for each of the fiscal years 2009 and 2010, and
$6,250,000 for the period beginning October 1, 2010, and ending
December 31, 2010, to provide grants to eligible communities under
paragraph (1).
`SEC. 277. GENERAL PROVISIONS.
`(1) IN GENERAL- The Secretary shall prescribe such
regulations as are necessary to carry out the provisions of this
subchapter, including--
`(A) establishing specific guidelines for the submission and evaluation of strategic plans under section 276;
`(B) establishing specific guidelines for the submission and evaluation of grant applications under section 275; and
`(C) administering the grant programs established under sections 275 and 276.
`(2) CONSULTATIONS- The Secretary shall consult with
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives not less than 90 days prior to
promulgating any final rule or regulation pursuant to paragraph (1).
`(b) Personnel- The Secretary shall designate such staff as
may be necessary to carry out the responsibilities described in this
subchapter.
`(c) Authorization of Appropriations-
`(1) IN GENERAL- There are authorized to be
appropriated to the Secretary $150,000,000 for each of the fiscal years
2009 and 2010, and $37,500,000 for the period beginning October 1,
2010, and ending December 31, 2010, to carry out this subchapter.
`(2) AVAILABILITY- Amounts appropriated pursuant to this subchapter--
`(A) shall be available to provide adjustment
assistance to communities that have been approved for assistance
pursuant to this chapter on or before December 31, 2010; and
`(B) shall otherwise remain available until expended.
`(3) SUPPLEMENT NOT SUPPLANT- Funds appropriated
pursuant to this subchapter shall be used to supplement and not
supplant other Federal, State, and local public funds expended to
provide economic development assistance for communities.
`Subchapter B--Community College and Career Training Grant Program
`SEC. 278. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
`(1) IN GENERAL- Beginning August 1, 2009, the
Secretary may award Community College and Career Training Grants to
eligible institutions for the purpose of developing, offering, or
improving educational or career training programs for workers eligible
for training under section 236.
`(2) LIMITATIONS- An eligible institution may not be awarded--
`(A) more than one grant under this section; or
`(B) a grant under this section in excess of $1,000,000.
`(b) Definitions- In this section:
`(1) ELIGIBLE INSTITUTION- The term `eligible
institution' means an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), but
only with respect to a program offered by the institution that can be
completed in not more than 2 years.
`(2) SECRETARY- The term `Secretary' means the Secretary of Labor.
`(1) IN GENERAL- An eligible institution seeking to
receive a grant under this section shall submit a grant proposal to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
`(2) GUIDELINES- Not later than June 1, 2009, the Secretary shall--
`(A) promulgate guidelines for the submission of grant proposals under this section; and
`(B) publish and maintain such guidelines on the website of the Department of Labor.
`(3) ASSISTANCE- The Secretary shall offer assistance
in preparing a grant proposal to any eligible institution that requests
such assistance.
`(4) GENERAL REQUIREMENTS FOR GRANT PROPOSALS-
`(A) IN GENERAL- A grant proposal submitted to the Secretary under this section shall include a detailed description of--
`(i) the specific project for which the grant
proposal is submitted, including the manner in which the grant will be
used to develop, offer, or improve an educational or career training
program that is suited to workers eligible for training under section
236;
`(ii) the extent to which the project for which
the grant proposal is submitted will meet the educational or career
training needs of workers in the community served by the eligible
institution who are eligible for training under section 236;
`(iii) the extent to which the project for
which the grant proposal is submitted fits within any overall strategic
plan developed by an eligible community under section 276;
`(iv) the extent to which the project for which
the grant proposal is submitted relates to any project funded by a
Sector Partnership Grant awarded under section 279A; and
`(v) any previous experience of the eligible
institution in providing educational or career training programs to
workers eligible for training under section 236.
`(B) ABSENCE OF EXPERIENCE- The absence of any
previous experience in providing educational or career training
programs described in subparagraph (A)(v) shall not automatically
disqualify an eligible institution from receiving a grant under this
section.
`(5) COMMUNITY OUTREACH REQUIRED- In order to be
considered by the Secretary, a grant proposal submitted by an eligible
institution under this section shall--
`(A) demonstrate that the eligible institution--
`(i) reached out to employers, and other entities described in section 276(a)(2)(B) to identify--
`(I) any shortcomings in existing educational and career training opportunities available to workers in the community; and
`(II) any future employment opportunities
within the community and the educational and career training skills
required for workers to meet the future employment demand;
`(ii) reached out to other similarly situated
institutions in an effort to benefit from any best practices that may
be shared with respect to providing educational or career training
programs to workers eligible for training under section 236; and
`(iii) reached out to any eligible partnership
in the community that has sought or received a Sector Partnership Grant
under section 279A to enhance the effectiveness of each grant and avoid
duplication of efforts; and
`(B) include a detailed description of--
`(i) the extent and outcome of the outreach conducted under subparagraph (A);
`(ii) the extent to which the project for which
the grant proposal is submitted will contribute to meeting any
shortcomings identified under subparagraph (A)(i)(I) or any educational
or career training needs identified under subparagraph (A)(i)(II); and
`(iii) the extent to which employers, including
small- and medium-sized firms within the community, have demonstrated a
commitment to employing workers who would benefit from the project for
which the grant proposal is submitted.
`(d) Criteria for Award of Grants-
`(1) IN GENERAL- Subject to the appropriation of funds, the Secretary shall award a grant under this section based on--
`(A) a determination of the merits of the grant
proposal submitted by the eligible institution to develop, offer, or
improve educational or career training programs to be made available to
workers eligible for training under section 236;
`(B) an evaluation of the likely employment
opportunities available to workers who complete an educational or
career training program that the eligible institution proposes to
develop, offer, or improve; and
`(C) an evaluation of prior demand for training
programs by workers eligible for training under section 236 in the
community served by the eligible institution, as well as the
availability and capacity of existing training programs to meet future
demand for training programs.
`(2) PRIORITY FOR CERTAIN COMMUNITIES- In awarding
grants under this section, the Secretary shall give priority to an
eligible institution that serves a community that the Secretary of
Commerce has determined under section 273 is eligible to apply for
assistance under subchapter A within the 5-year period preceding the
date on which the grant proposal is submitted to the Secretary under
this section.
`(3) MATCHING REQUIREMENTS- A grant awarded under this
section may not be used to satisfy any private matching requirement
under any other provision of law.
`(e) Annual Report- Not later than December 15 in each of
the calendar years 2009 through 2011, the Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report--
`(1) describing each grant awarded under this section during the preceding fiscal year; and
`(2) assessing the impact of each award of a grant
under this section in a fiscal year preceding the fiscal year referred
to in paragraph (1) on workers receiving training under section 236.
`SEC. 279. AUTHORIZATION OF APPROPRIATIONS.
`(a) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary of Labor $40,000,000 for each of
the fiscal years 2009 and 2010, and $10,000,000 for the period
beginning October 1, 2010, and ending December 31, 2010, to fund the
Community College and Career Training Grant Program. Funds appropriated
pursuant to this section shall remain available until expended.
`(b) Supplement Not Supplant- Funds appropriated pursuant
to this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to support community
college and career training programs.
`Subchapter C--Industry or Sector Partnership Grant Program for Communities Impacted by Trade
`SEC. 279A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM FOR COMMUNITIES IMPACTED BY TRADE.
`(a) Purpose- The purpose of this subchapter is to
facilitate efforts by industry or sector partnerships to strengthen and
revitalize industries and create employment opportunities for workers
in communities impacted by trade.
`(b) Definitions- In this subchapter:
`(1) COMMUNITY IMPACTED BY TRADE- The term `community impacted by trade' has the meaning given that term in section 271.
`(2) DISLOCATED WORKER- The term `dislocated worker'
means a worker who has been totally or partially separated, or is
threatened with total or partial separation, from employment in an
industry or sector in a community impacted by trade.
`(3) ELIGIBLE PARTNERSHIP- The term `eligible
partnership' means a voluntary partnership composed of public and
private persons, firms, or other entities within a community impacted
by trade, that shall include representatives of--
`(A) an industry or sector within the community, including an industry association;
`(B) local, county, or State government;
`(C) multiple firms in the industry or sector, including small- and medium-sized firms, within the community;
`(D) local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832);
`(E) labor organizations, including State labor
federations and labor-management initiatives, representing workers in
the community; and
`(F) educational institutions, local educational agencies, or other training providers serving the community.
`(4) LEAD ENTITY- The term `lead entity' means--
`(A) an entity designated by the eligible
partnership to be responsible for submitting a grant proposal under
subsection (e) and serving as the eligible partnership's fiscal agent
in expending any Sector Partnership Grant awarded under this section; or
`(B) a State agency designated by the Governor of the State to carry out the responsibilities described in subparagraph (A).
`(5) SECRETARY- The term `Secretary' means the Secretary of Labor.
`(6) TARGETED INDUSTRY OR SECTOR- The term `targeted
industry or sector' means the industry or sector represented by an
eligible partnership.
`(c) Sector Partnership Grants Authorized- Beginning on
August 1, 2009, and subject to the appropriation of funds, the
Secretary shall award Sector Partnership Grants to eligible
partnerships to assist the eligible partnerships in carrying out
projects, over periods of not more than 3 years, to strengthen and
revitalize industries and sectors and create employment opportunities
for dislocated workers.
`(d) Use of Sector Partnership Grants- An eligible
partnership may use a Sector Partnership Grant to carry out any project
that the Secretary determines will further the purpose of this
subchapter, which may include--
`(1) identifying the skill needs of the targeted
industry or sector and any gaps in the available supply of skilled
workers in the community impacted by trade, and developing strategies
for filling the gaps, including by--
`(A) developing systems to better link firms in the targeted industry or sector to available skilled workers;
`(B) helping firms in the targeted industry or sector to obtain access to new sources of qualified job applicants;
`(C) retraining dislocated and incumbent workers; or
`(D) facilitating the training of new skilled
workers by aligning the instruction provided by local suppliers of
education and training services with the needs of the targeted industry
or sector;
`(2) analyzing the skills and education levels of
dislocated and incumbent workers and developing training to address
skill gaps that prevent such workers from obtaining jobs in the
targeted industry or sector;
`(3) helping firms, especially small- and medium-sized
firms, in the targeted industry or sector increase their productivity
and the productivity of their workers;
`(4) helping such firms retain incumbent workers;
`(5) developing learning consortia of small- and
medium-sized firms in the targeted industry or sector with similar
training needs to enable the firms to combine their purchases of
training services, and thereby lower their training costs;
`(6) providing information and outreach activities to
firms in the targeted industry or sector regarding the activities of
the eligible partnership and other local service suppliers that could
assist the firms in meeting needs for skilled workers;
`(7) seeking, applying, and disseminating best
practices learned from similarly situated communities impacted by trade
in the development and implementation of economic growth and
revitalization strategies; and
`(8) identifying additional public and private
resources to support the activities described in this subsection, which
may include the option to apply for a community grant under section 275
or a Community College and Career Training Grant under section 278
(subject to meeting any additional requirements of those sections).
`(1) IN GENERAL- The lead entity of an eligible
partnership seeking to receive a Sector Partnership Grant under this
section shall submit a grant proposal to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
`(2) GENERAL REQUIREMENTS OF GRANT PROPOSALS- A grant proposal submitted under paragraph (1) shall, at a minimum--
`(A) identify the members of the eligible partnership;
`(B) identify the targeted industry or sector for
which the eligible partnership intends to carry out projects using the
Sector Partnership Grant;
`(C) describe the goals that the eligible partnership intends to achieve to promote the targeted industry or sector;
`(D) describe the projects that the eligible partnership will undertake to achieve such goals;
`(E) demonstrate that the eligible partnership has
the organizational capacity to carry out the projects described in
subparagraph (D);
`(I) the community impacted by trade has sought or received a community grant under section 275;
`(II) an eligible institution in the
community has sought or received a Community College and Career
Training Grant under section 278; or
`(III) any other entity in the community has received funds pursuant to any other federally funded training project; and
`(ii) how the eligible partnership will
coordinate its use of a Sector Partnership Grant with the use of such
other grants or funds in order to enhance the effectiveness of each
grant and any such funds and avoid duplication of efforts; and
`(G) include performance measures, developed based
on the performance measures issued by the Secretary under subsection
(g)(2), and a timeline for measuring progress toward achieving the
goals described in subparagraph (C).
`(1) IN GENERAL- Upon application by the lead entity of
an eligible partnership, the Secretary may award a Sector Partnership
Grant to the eligible partnership to assist the partnership in carrying
out any of the projects in the grant proposal that the Secretary
determines will further the purposes of this subchapter.
`(2) LIMITATIONS- An eligible partnership may not be awarded--
`(A) more than one Sector Partnership Grant; or
`(B) a total grant award under this subchapter in excess of--
`(i) except as provided in clause (ii), $2,500,000; or
`(ii) in the case of an eligible partnership
located within a community impacted by trade that is not served by an
institution receiving a Community College and Career Training Grant
under section 278, $3,000,000.
`(g) Administration by the Secretary-
`(1) TECHNICAL ASSISTANCE AND OVERSIGHT-
`(A) IN GENERAL- The Secretary shall provide
technical assistance to, and oversight of, the lead entity of an
eligible partnership in applying for and administering Sector
Partnership Grants awarded under this section.
`(B) TECHNICAL ASSISTANCE- Technical assistance
provided under subparagraph (A) shall include providing conferences and
such other methods of collecting and disseminating information on best
practices developed by eligible partnerships as the Secretary
determines appropriate.
`(C) GRANTS OR CONTRACTS FOR TECHNICAL ASSISTANCE-
The Secretary may award a grant or contract to one or more national or
State organizations to provide technical assistance to foster the
planning, formation, and implementation of eligible partnerships.
`(2) PERFORMANCE MEASURES- The Secretary shall issue a
range of performance measures, with quantifiable benchmarks, and
methodologies that eligible partnerships may use to measure progress
toward the goals described in subsection (e). In developing such
measures, the Secretary shall consider the benefits of the eligible
partnership and its activities for workers, firms, industries, and
communities.
`(1) PROGRESS REPORT- Not later than 1 year after
receiving a Sector Partnership Grant, and 3 years thereafter, the lead
entity shall submit to the Secretary, on behalf of the eligible
partnership, a report containing--
`(A) a detailed description of the progress made
toward achieving the goals described in subsection (e)(2)(C), using the
performance measures required under subsection (e)(2)(G);
`(B) a detailed evaluation of the impact of the grant award on workers and employers in the community impacted by trade; and
`(C) a detailed description of all expenditures of
funds awarded to the eligible partnership under the Sector Partnership
Grant approved by the Secretary under this subchapter.
`(2) ANNUAL REPORT- Not later than December 15 in each
of the calendar years 2009 through 2011, the Secretary shall submit to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report--
`(A) describing each Sector Partnership Grant awarded to an eligible partnership during the preceding fiscal year; and
`(B) assessing the impact of each Sector
Partnership Grant awarded in a fiscal year preceding the fiscal year
referred to in subparagraph (A) on workers and employers in communities
impacted by trade.
`SEC. 279B. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to
the Secretary of Labor $40,000,000 for each of the fiscal years 2009
and 2010, and $10,000,000 for the period beginning October 1, 2010, and
ending December 31, 2010, to carry out the Sector Partnership Grant
program under section 279A. Funds appropriated pursuant to this section
shall remain available until expended.
`(b) Supplement Not Supplant- Funds appropriated pursuant
to this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to support the economic
development of local communities.
`(c) Administrative Costs- The Secretary may retain not
more than 5 percent of the funds appropriated pursuant to this section
for each fiscal year to administer the Sector Partnership Grant program
under section 279A.
`Subchapter D--General Provisions
`SEC. 279C. RULE OF CONSTRUCTION.
`Nothing in this chapter prevents a worker from receiving
trade adjustment assistance under chapter 2 of this title at the same
time the worker is receiving assistance in any manner from--
`(1) a community receiving a community grant under subchapter A;
`(2) an eligible institution receiving a Community College and Career Training Grant under subchapter B; or
`(3) an eligible partnership receiving a Sector Partnership Grant under subchapter C.'.
SEC. 1873. CONFORMING AMENDMENTS.
(a) Table of Contents- The table of contents of the Trade
Act of 1974 is amended by striking the items relating to chapter 4 of
title II and inserting the following:
`Chapter 4--Trade Adjustment Assistance for Communities
`Subchapter A--Trade Adjustment Assistance for Communities
`Sec. 272. Establishment of trade adjustment assistance for communities program.
`Sec. 273. Eligibility; notification.
`Sec. 274. Technical assistance.
`Sec. 275. Grants for eligible communities.
`Sec. 276. Strategic plans.
`Sec. 277. General provisions.
`Subchapter B--Community College and Career Training Grant Program
`Sec. 278. Community college and career training grant program.
`Sec. 279. Authorization of appropriations.
`Subchapter C--Industry or Sector Partnership Grant Program for Communities Impacted by Trade
`Sec. 279A. Industry or sector partnership grant program for communities impacted by trade.
`Sec. 279B. Authorization of appropriations.
`Subchapter D--General Provisions
`Sec. 279C. Rule of construction.'
(1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended--
(A) by inserting `or 296' after `section 293';
(B) by striking `or any other interested domestic party' and inserting `or authorized representative of a community'; and
(C) by striking `section 271' and inserting `section 273'.
(2) Section 1581(d) of title 28, United States Code, is amended--
(A) in paragraph (2), by striking `; and' and inserting a semicolon;
(i) by striking `271' and inserting `273'; and
(ii) by striking the period and inserting `; and'; and
(C) by adding at the end the following:
`(4) any final determination of the Secretary of
Agriculture under section 293 or 296 of the Trade Act of 1974 (19
U.S.C. 2401b) with respect to the eligibility of a group of
agricultural commodity producers for adjustment assistance under such
Act.'.
PART IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 1881. DEFINITIONS.
Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended--
(1) by amending paragraph (1) to read as follows:
`(1) AGRICULTURAL COMMODITY- The term `agricultural commodity' includes--
`(A) any agricultural commodity (including livestock) in its raw or natural state;
`(B) any class of goods within an agricultural commodity; and
`(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.';
(2) by amending paragraph (2) to read as follows:
`(2) AGRICULTURAL COMMODITY PRODUCER- The term `agricultural commodity producer' means--
`(A) a person that shares in the risk of producing
an agricultural commodity and that is entitled to a share of the
commodity for marketing, including an operator, a sharecropper, or a
person that owns or rents the land on which the commodity is produced;
or
`(B) a person that reports gain or loss from the
trade or business of fishing on the person's annual Federal income tax
return for the taxable year that most closely corresponds to the
marketing year with respect to which a petition is filed under section
292.'; and
(3) by adding at the end the following:
`(7) MARKETING YEAR- The term `marketing year' means--
`(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or
`(B) in the case of an agricultural commodity with
respect to which the Secretary does not designate a marketing year, a
calendar year.'.
SEC. 1882. ELIGIBILITY.
(a) In General- Section 292 of the Trade Act of 1974 (19
U.S.C. 2401a) is amended by striking subsections (c) through (e) and
inserting the following:
`(c) Group Eligibility Requirements- The Secretary shall
certify a group of agricultural commodity producers as eligible to
apply for adjustment assistance under this chapter if the Secretary
determines that--
`(1)(A) the national average price of the agricultural
commodity produced by the group during the most recent marketing year
for which data are available is less than 85 percent of the average of
the national average price for the commodity in the 3 marketing years
preceding such marketing year;
`(B) the quantity of production of the agricultural
commodity produced by the group during such marketing year is less than
85 percent of the average of the quantity of production of the
commodity produced by the group in the 3 marketing years preceding such
marketing year;
`(C) the value of production of the agricultural
commodity produced by the group during such marketing year is less than
85 percent of the average value of production of the commodity produced
by the group in the 3 marketing years preceding such marketing year; or
`(D) the cash receipts for the agricultural commodity
produced by the group during such marketing year are less than 85
percent of the average of the cash receipts for the commodity produced
by the group in the 3 marketing years preceding such marketing year;
`(2) the volume of imports of articles like or directly
competitive with the agricultural commodity produced by the group in
the marketing year with respect to which the group files the petition
increased compared to the average volume of such imports during the 3
marketing years preceding such marketing year; and
`(3) the increase in such imports contributed
importantly to the decrease in the national average price, quantity of
production, or value of production of, or cash receipts for, the
agricultural commodity, as described in paragraph (1).
`(d) Eligibility of Certain Other Producers- An
agricultural commodity producer or group of producers that resides
outside of the State or region identified in the petition filed under
subsection (a) may file a request to become a party to that petition
not later than 15 days after the date the notice is published in the
Federal Register under subsection (a) with respect to that petition.
`(e) Treatment of Classes of Goods Within a Commodity- In
any case in which there are separate classes of goods within an
agricultural commodity, the Secretary shall treat each class as a
separate commodity in determining under subsection (c)--
`(2) the national average price, quantity of production, or value of production, or cash receipts; and
`(3) the volume of imports.'.
(b) Conforming Amendments- Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended--
(1) in subsection (a), by striking `section 292 (c) or (d), as the case may be,' and inserting `section 292(c)'; and
(2) in subsection (c), by striking `decline in price
for' and inserting `decrease in the national average price, quantity of
production, or value of production of, or cash receipts for,'.
SEC. 1883. BENEFITS.
(a) In General- Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended to read as follows:
`SEC. 296. QUALIFYING REQUIREMENTS AND BENEFITS FOR AGRICULTURAL COMMODITY PRODUCERS.
`(A) IN GENERAL- Benefits under this chapter shall
be available to an agricultural commodity producer covered by a
certification under this chapter who files an application for such
benefits not later than 90 days after the date on which the Secretary
makes a determination and issues a certification of eligibility under
section 293, if the producer submits to the Secretary sufficient
information to establish that--
`(i) the producer produced the agricultural
commodity covered by the application filed under this subsection in the
marketing year with respect to which the petition is filed and in at
least 1 of the 3 marketing years preceding that marketing year;
`(ii)(I) the quantity of the agricultural
commodity that was produced by the producer in the marketing year with
respect to which the petition is filed has decreased compared to the
most recent marketing year preceding that marketing year for which data
are available; or
`(II)(aa) the price received for the
agricultural commodity by the producer during the marketing year with
respect to which the petition is filed has decreased compared to the
average price for the commodity received by the producer in the 3
marketing years preceding that marketing year; or
`(bb) the county level price maintained by the
Secretary for the agricultural commodity on the date on which the
petition is filed has decreased compared to the average county level
price for the commodity in the 3 marketing years preceding the date on
which the petition is filed; and
`(iii) the producer is not receiving--
`(I) cash benefits under chapter 2 or 3; or
`(II) benefits based on the production of an agricultural commodity covered by another petition filed under this chapter.
`(B) SPECIAL RULE WITH RESPECT TO CROPS NOT GROWN
EVERY YEAR- For purposes of subparagraph (A)(ii)(II)(aa), if a petition
is filed with respect to an agricultural commodity that is not produced
by the producer every year, an agricultural commodity producer
producing that commodity may establish the average price received for
the commodity by the producer in the 3 marketing years preceding the
year with respect to which the petition is filed by using average price
data for the 3 most recent marketing years in which the producer
produced the commodity and for which data are available.
`(2) LIMITATIONS BASED ON ADJUSTED GROSS INCOME-
`(A) IN GENERAL- Notwithstanding any other
provision of this chapter, an agricultural commodity producer shall not
be eligible for assistance under this chapter in any year in which the
average adjusted gross income (as defined in section 1001D(a) of the
Food Security Act of 1985 (7 U.S.C. 1308-3a(a))) of the producer
exceeds the level set forth in subparagraph (A) or (B) of section
1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)),
whichever is applicable.
`(B) DEMONSTRATION OF COMPLIANCE- An agricultural
commodity producer shall provide to the Secretary such information as
the Secretary determines necessary to demonstrate that the producer is
in compliance with the limitation under subparagraph (A).
`(C) COUNTER-CYCLICAL AND ACRE PAYMENTS- The total
amount of payments made to an agricultural commodity producer under
this chapter during any crop year may not exceed the limitations on
payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of
section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308).
`(b) Technical Assistance-
`(1) INITIAL TECHNICAL ASSISTANCE-
`(A) IN GENERAL- An agricultural commodity producer
that files an application and meets the requirements under subsection
(a)(1) shall be entitled to receive initial technical assistance
designed to improve the competitiveness of the production and marketing
of the agricultural commodity with respect to which the producer was
certified under this chapter. Such assistance shall include information
regarding--
`(i) improving the yield and marketing of that agricultural commodity; and
`(ii) the feasibility and desirability of
substituting one or more alternative agricultural commodities for that
agricultural commodity.
`(B) TRANSPORTATION AND SUBSISTENCE EXPENSES-
`(i) IN GENERAL- The Secretary may authorize
supplemental assistance necessary to defray reasonable transportation
and subsistence expenses incurred by an agricultural commodity producer
in connection with initial technical assistance under subparagraph (A)
if such assistance is provided at facilities that are not within normal
commuting distance of the regular place of residence of the producer.
`(ii) EXCEPTIONS- The Secretary may not authorize payments to an agricultural commodity producer under clause (i)--
`(I) for subsistence expenses that exceed the lesser of--
`(aa) the actual per diem expenses for subsistence incurred by the producer; or
`(bb) the prevailing per diem allowance rate authorized under Federal travel regulations; or
`(II) for travel expenses that exceed the prevailing mileage rate authorized under the Federal travel regulations.
`(2) INTENSIVE TECHNICAL ASSISTANCE- A producer that
has completed initial technical assistance under paragraph (1) shall be
eligible to participate in intensive technical assistance. Such
assistance shall consist of--
`(A) a series of courses to further assist the producer in improving the competitiveness of the producer in producing--
`(i) the agricultural commodity with respect to which the producer was certified under this chapter; or
`(ii) another agricultural commodity; and
`(B) assistance in developing an initial business plan based on the courses completed under subparagraph (A).
`(3) INITIAL BUSINESS PLAN-
`(A) APPROVAL BY SECRETARY- The Secretary shall
approve an initial business plan developed under paragraph (2)(B) if
the plan--
`(i) reflects the skills gained by the producer through the courses described in paragraph (2)(A); and
`(ii) demonstrates how the producer will apply those skills to the circumstances of the producer.
`(B) FINANCIAL ASSISTANCE FOR IMPLEMENTING INITIAL
BUSINESS PLAN- Upon approval of the producer's initial business plan by
the Secretary under subparagraph (A), a producer shall be entitled to
an amount not to exceed $4,000 to--
`(i) implement the initial business plan; or
`(ii) develop a long-term business adjustment plan under paragraph (4).
`(4) LONG-TERM BUSINESS ADJUSTMENT PLAN-
`(A) IN GENERAL- A producer that has completed
intensive technical assistance under paragraph (2) and whose initial
business plan has been approved under paragraph (3)(A) shall be
eligible for, in addition to the amount under subparagraph (C),
assistance in developing a long-term business adjustment plan.
`(B) APPROVAL OF LONG-TERM BUSINESS ADJUSTMENT
PLANS- The Secretary shall approve a long-term business adjustment plan
developed under subparagraph (A) if the Secretary determines that the
plan--
`(i) includes steps reasonably calculated to
materially contribute to the economic adjustment of the producer to
changing market conditions;
`(ii) takes into consideration the interests of the workers employed by the producer; and
`(iii) demonstrates that the producer will have sufficient resources to implement the business plan.
`(C) PLAN IMPLEMENTATION- Upon approval of the
producer's long-term business adjustment plan under subparagraph (B), a
producer shall be entitled to an amount not to exceed $8,000 to
implement the long-term business adjustment plan.
`(c) Maximum Amount of Assistance- An agricultural
commodity producer may receive not more than $12,000 under paragraphs
(3) and (4) of subsection (b) in the 36-month period following
certification under section 293.
`(d) Limitations on Other Assistance- An agricultural
commodity producer that receives benefits under this chapter (other
than initial technical assistance under subsection (b)(1)) shall not be
eligible for cash benefits under chapter 2 or 3.'.
(b) Clerical Amendment- The table of contents of the Trade
Act of 1974 is amended by striking the item relating to section 296 and
inserting the following:
`Sec. 296. Qualifying requirements and benefits for agricultural commodity producers.'.
SEC. 1884. REPORT.
Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is amended by adding at the end the following:
`(d) Report by the Secretary- Not later than January 30,
2010, and annually thereafter, the Secretary of Agriculture shall
submit to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report containing the
following information with respect to adjustment assistance provided
under this chapter during the preceding fiscal year:
`(1) A list of the agricultural commodities covered by a certification under this chapter.
`(2) The States or regions in which such commodities
are produced and the aggregate amount of such commodities produced in
each such State or region.
`(3) The total number of agricultural commodity producers, by congressional district, receiving benefits under this chapter.
`(4) The total number of agricultural commodity
producers, by congressional district, receiving technical assistance
under this chapter.'.
SEC. 1885. FRAUD AND RECOVERY OF OVERPAYMENTS.
Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C.
2401f(a)(1)) is amended by inserting `or has expended funds received
under this chapter for a purpose that was not approved by the
Secretary,' after `entitled,'.
SEC. 1886. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN FISHERMEN.
For purposes of chapters 2 and 6 of title II of the Trade
Act of 1974 (19 U.S.C. 2251 et seq.), in the case of an agricultural
commodity producer that--
(1) is a fisherman or aquaculture producer, and
(2) is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be,
the increase in imports of articles like or directly
competitive with the agricultural commodity produced by such producer
may be based on imports of wild-caught seafood, farm-raised seafood, or
both.
SEC. 1887. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking `fiscal years 2003 through 2007' and
all that follows through the end period and inserting `fiscal years
2009 and 2010, and $22,500,000 for the period beginning October 1,
2010, and ending December 31, 2010, to carry out the purposes of this
chapter, including administrative costs, and salaries and expenses of
employees of the Department of Agriculture.'.
PART V--GENERAL PROVISIONS
SEC. 1891. EFFECTIVE DATE.
(a) In General- Except as otherwise provided in this
subtitle, and subsection (b) of this section, this subtitle and the
amendments made by this subtitle--
(1) shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act; and
(A) petitions for certification filed under chapter
2, 3, or 6 of title II of the Trade Act of 1974 on or after the
effective date described in paragraph (1); and
(B) petitions for assistance and proposals for
grants filed under chapter 4 of title II of the Trade Act of 1974 on or
after such effective date.
(b) Certifications Made Before Effective Date- Notwithstanding subsection (a)--
(1) a worker shall continue to receive (or be eligible
to receive) trade adjustment assistance and other benefits under
subchapter B of chapter 2 of title II of the Trade Act of 1974, as in
effect on the day before the effective date described in subsection
(a)(1), for any week for which the worker meets the eligibility
requirements of such chapter 2 as in effect on the day before such
effective date, if the worker--
(A) is certified as eligible for trade adjustment
assistance benefits under such chapter 2 pursuant to a petition filed
under section 221 of the Trade Act of 1974 on or before such effective
date; and
(B) would otherwise be eligible to receive trade
adjustment assistance benefits under such chapter as in effect on the
day before such effective date;
(2) a worker shall continue to receive (or be eligible
to receive) benefits under section 246(a)(2) of the Trade Act of 1974,
as in effect on the day before the effective date described in
subsection (a)(1), for such period for which the worker meets the
eligibility requirements of section 246 of that Act as in effect on the
day before such effective date, if the worker--
(A) is certified as eligible for benefits under
such section 246 pursuant to a petition filed under section 221 of the
Trade Act of 1974 on or before such effective date; and
(B) would otherwise be eligible to receive benefits
under such section 246(a)(2) as in effect on the day before such
effective date; and
(3) a firm shall continue to receive (or be eligible to
receive) adjustment assistance under chapter 3 of title II of the Trade
Act of 1974, as in effect on the day before the effective date
described in subsection (a)(1), for such period for which the firm
meets the eligibility requirements of such chapter 3 as in effect on
the day before such effective date, if the firm--
(A) is certified as eligible for benefits under
such chapter 3 pursuant to a petition filed under section 251 of the
Trade Act of 1974 on or before such effective date; and
(B) would otherwise be eligible to receive benefits under such chapter 3 as in effect on the day before such effective date.
SEC. 1892. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAMS.
(a) For Workers- 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'.
(b) Termination- Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note prec.) is amended--
(1) in subsection (a), by striking `December 31, 2007' each place it appears and inserting `December 31, 2010'; and
(2) by amending subsection (b) to read as follows:
`(1) ASSISTANCE FOR FIRMS-
`(A) IN GENERAL- Except as provided in subparagraph
(B), technical assistance and grants may not be provided under chapter
3 after December 31, 2010.
`(B) EXCEPTION- Notwithstanding subparagraph (A),
any technical assistance or grant approved under chapter 3 on or before
December 31, 2010, may be provided--
`(i) to the extent funds are available pursuant to such chapter for such purpose; and
`(ii) to the extent the recipient of the
technical assistance or grant is otherwise eligible to receive such
technical assistance or grant, as the case may be.
`(A) IN GENERAL- Except as provided in subparagraph
(B), technical assistance and financial assistance may not be provided
under chapter 6 after December 31, 2010.
`(B) EXCEPTION- Notwithstanding subparagraph (A),
any technical or financial assistance approved under chapter 6 on or
before December 31, 2010, may be provided--
`(i) to the extent funds are available pursuant to such chapter for such purpose; and
`(ii) to the extent the recipient of the
technical or financial assistance is otherwise eligible to receive such
technical or financial assistance, as the case may be.
`(3) ASSISTANCE FOR COMMUNITIES-
`(A) IN GENERAL- Except as provided in subparagraph
(B), technical assistance and grants may not be provided under chapter
4 after December 31, 2010.
`(B) EXCEPTION- Notwithstanding subparagraph (A),
any technical assistance or grant approved under chapter 4 on or before
December 31, 2010, may be provided--
`(i) to the extent funds are available pursuant to such chapter for such purpose; and
`(ii) to the extent the recipient of the
technical assistance or grant is otherwise eligible to receive such
technical assistance or grant, as the case may be.'.
SEC. 1893. TERMINATION; RELATED PROVISIONS.
(1) IN GENERAL- Subject to paragraph (2), the
amendments made by this subtitle to chapters 2, 3, 4, 5, and 6 of title
II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall not apply on
or after January 1, 2011.
(2) EXCEPTION- The amendments made by this subtitle to
section 285 of the Trade Act of 1974 shall continue to apply on and
after January 1, 2011, with respect to--
(A) workers certified as eligible for trade
adjustment assistance benefits under chapter 2 of title II of that Act
pursuant to petitions filed under section 221 of that Act before
January 1, 2011;
(B) firms certified as eligible for technical
assistance or grants under chapter 3 of title II of that Act pursuant
to petitions filed under section 251 of that Act before January 1, 2011;
(C) recipients approved for technical assistance or
grants under chapter 4 of title II of that Act pursuant to petitions
for assistance or proposals for grants (as the case may be) filed
pursuant to such chapter before January 1, 2011; and
(D) agricultural commodity producers certified as
eligible for technical or financial assistance under chapter 6 of title
II of that Act pursuant to petitions filed under section 292 of that
Act before January 1, 2011.
(b) Application of Prior Law- Chapters 2, 3, 4, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be
applied and administered beginning January 1, 2011, as if the
amendments made by this subtitle (other than part VI) had never been
enacted, except that in applying and administering such chapters--
(1) section 245 of that Act shall be applied and administered by substituting `2011' for `2007';
(2) section 246(b) of that Act shall be applied and
administered by substituting `December 31, 2011' for `the date that is
5 years' and all that follows through `State';
(3) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning January 1,
2011' for `each of fiscal years 2003 through 2007, and $4,000,000 for
the 3-month period beginning October 1, 2007';
(4) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning January 1,
2011' for `each of the fiscal years' and all that follows through
`October 1, 2007'; and
(5) subject to subsection (a)(2), section 285 of that Act shall be applied and administered--
(A) in subsection (a), by substituting `2011' for `2007' each place it appears; and
(B) by applying and administering subsection (b) as if it read as follows:
`(1) ASSISTANCE FOR FIRMS-
`(A) IN GENERAL- Except as provided in subparagraph
(B), assistance may not be provided under chapter 3 after December 31,
2011.
`(B) EXCEPTION- Notwithstanding subparagraph (A),
any assistance approved under chapter 3 on or before December 31, 2011,
may be provided--
`(i) to the extent funds are available pursuant to such chapter for such purpose; and
`(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
`(A) IN GENERAL- Except as provided in subparagraph
(B), assistance may not be provided under chapter 6 after December 31,
2011.
`(B) EXCEPTION- Notwithstanding subparagraph (A),
any assistance approved under chapter 6 on or before December 31, 2011,
may be provided--
`(i) to the extent funds are available pursuant to such chapter for such purpose; and
`(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'.
SEC. 1894. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than September 30, 2012, the Comptroller General
of the United States shall prepare and submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a comprehensive report on the operation and
effectiveness of the amendments made by this subtitle to chapters 2, 3,
4, and 6 of the Trade Act of 1974.
SEC. 1895. EMERGENCY DESIGNATION.
Amounts appropriated pursuant to this subtitle are
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.
PART VI--HEALTH COVERAGE IMPROVEMENT
SEC. 1899. SHORT TITLE.
This part may be cited as the `TAA Health Coverage Improvement Act of 2009'.
SEC. 1899A. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) Improvement of Affordability-
(1) IN GENERAL- Section 35(a) of the Internal Revenue
Code of 1986 (relating to credit for health insurance costs of eligible
individuals) is amended by inserting `(80 percent in the case of
eligible coverage months beginning before January 1, 2011)' after `65
percent'.
(2) CONFORMING AMENDMENT- Section 7527(b) of such Code
(relating to advance payment of credit for health insurance costs of
eligible individuals) is amended by inserting `(80 percent in the case
of eligible coverage months beginning before January 1, 2011)' after
`65 percent'.
(b) Effective Date- The amendments made by this section
shall apply to coverage months beginning on or after the first day of
the first month beginning 60 days after the date of the enactment of
this Act.
SEC. 1899B. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF ADVANCE PAYMENTS OF CREDIT.
(a) Payment for Premiums Due Prior to Commencement of
Advance Payments of Credit- Section 7527 of the Internal Revenue Code
of 1986 (relating to advance payment of credit for health insurance
costs of eligible individuals) is amended by adding at the end the
following new subsection:
`(e) Payment for Premiums Due Prior to Commencement of
Advance Payments- In the case of eligible coverage months beginning
before January 1, 2011--
`(1) IN GENERAL- The program established under
subsection (a) shall provide that the Secretary shall make 1 or more
retroactive payments on behalf of a certified individual in an
aggregate amount equal to 80 percent of the premiums for coverage of
the taxpayer and qualifying family members under qualified health
insurance for eligible coverage months (as defined in section 35(b))
occurring prior to the first month for which an advance payment is made
on behalf of such individual under subsection (a).
`(2) REDUCTION OF PAYMENT FOR AMOUNTS RECEIVED UNDER
NATIONAL EMERGENCY GRANTS- The amount of any payment determined under
paragraph (1) shall be reduced by the amount of any payment made to the
taxpayer for the purchase of qualified health insurance under a
national emergency grant pursuant to section 173(f) of the Workforce
Investment Act of 1998 for a taxable year including the eligible
coverage months described in paragraph (1).'.
(b) Effective Date- The amendments made by this section shall apply to coverage months beginning after December 31, 2008.
(c) Transitional Rule- The Secretary of the Treasury shall
not be required to make any payments under section 7527(e) of the
Internal Revenue Code of 1986, as added by this section, until after
the date that is 6 months after the date of the enactment of this Act.
SEC. 1899C. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT.
(a) In General- Paragraph (2) of section 35(c) of the
Internal Revenue Code of 1986 (defining eligible TAA recipient) is
amended to read as follows:
`(2) ELIGIBLE TAA RECIPIENT-
`(A) IN GENERAL- Except as provided in subparagraph
(B), the term `eligible TAA recipient' means, with respect to any
month, any individual who is receiving for any day of such month a
trade readjustment allowance under chapter 2 of title II of the Trade
Act of 1974 or who would be eligible to receive such allowance if
section 231 of such Act were applied without regard to subsection
(a)(3)(B) of such section. An individual shall continue to be treated
as an eligible TAA recipient during the first month that such
individual would otherwise cease to be an eligible TAA recipient by
reason of the preceding sentence.
`(B) SPECIAL RULE- In the case of any eligible
coverage month beginning after the date of the enactment of this
paragraph and before January 1, 2011, the term `eligible TAA recipient'
means, with respect to any month, any individual who--
`(i) is receiving for any day of such month a
trade readjustment allowance under chapter 2 of title II of the Trade
Act of 1974,
`(ii) would be eligible to receive such
allowance except that such individual is in a break in training
provided under a training program approved under section 236 of such
Act that exceeds the period specified in section 233(e) of such Act,
but is within the period for receiving such allowances provided under
section 233(a) of such Act, or
`(iii) is receiving unemployment compensation
(as defined in section 85(b)) for any day of such month and who would
be eligible to receive such allowance for such month if section 231 of
such Act were applied without regard to subsections (a)(3)(B) and
(a)(5) thereof.
An individual shall continue to be treated as an
eligible TAA recipient during the first month that such individual
would otherwise cease to be an eligible TAA recipient by reason of the
preceding sentence.'.
(b) Effective Date- The amendment made by this section
shall apply to coverage months beginning after the date of the
enactment of this Act.
SEC. 1899D. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES
OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment- Section 9801(c)(2) of the Internal
Revenue Code of 1986 (relating to not counting periods before
significant breaks in creditable coverage) is amended by adding at the
end the following new subparagraph:
`(D) TAA-ELIGIBLE INDIVIDUALS- In the case of plan years beginning before January 1, 2011--
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the
case of a TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on the date
which is 7 days after the date of the issuance by the Secretary (or by
any person or entity designated by the Secretary) of a qualified health
insurance costs credit eligibility certificate for such individual for
purposes of section 7527 shall not be taken into account in determining
the continuous period under subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible
individual' and `TAA-related loss of coverage' have the meanings given
such terms in section 4980B(f)(5)(C)(iv).'.
(b) ERISA Amendment- Section 701(c)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) is
amended by adding at the end the following new subparagraph:
`(C) TAA-ELIGIBLE INDIVIDUALS- In the case of plan years beginning before January 1, 2011--
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the
case of a TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on the date
that is 7 days after the date of the issuance by the Secretary (or by
any person or entity designated by the Secretary) of a qualified health
insurance costs credit eligibility certificate for such individual for
purposes of section 7527 of the Internal Revenue Code of 1986 shall not
be taken into account in determining the continuous period under
subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible
individual' and `TAA-related loss of coverage' have the meanings given
such terms in section 605(b)(4).'.
(c) PHSA Amendment- Section 2701(c)(2) of the Public Health
Service Act (42 U.S.C. 300gg(c)(2)) is amended by adding at the end the
following new subparagraph:
`(C) TAA-ELIGIBLE INDIVIDUALS- In the case of plan years beginning before January 1, 2011--
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the
case of a TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on the date
that is 7 days after the date of the issuance by the Secretary (or by
any person or entity designated by the Secretary) of a qualified health
insurance costs credit eligibility certificate for such individual for
purposes of section 7527 of the Internal Revenue Code of 1986 shall not
be taken into account in determining the continuous period under
subparagraph (A).
`(ii) DEFINITIONS- The terms `TAA-eligible
individual' and `TAA-related loss of coverage' have the meanings given
such terms in section 2205(b)(4).'.
(d) Effective Date- The amendments made by this section
shall apply to plan years beginning after the date of the enactment of
this Act.
SEC. 1899E. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS.
(a) In General- Subsection (g) of section 35 of such Code
is amended by redesignating paragraph (9) as paragraph (10) and
inserting after paragraph (8) the following new paragraph:
`(9) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER
CERTAIN EVENTS- In the case of eligible coverage months beginning
before January 1, 2011--
`(A) MEDICARE ELIGIBILITY- In the case of any month
which would be an eligible coverage month with respect to an eligible
individual but for subsection (f)(2)(A), such month shall be treated as
an eligible coverage month with respect to such eligible individual
solely for purposes of determining the amount of the credit under this
section with respect to any qualifying family members of such
individual (and any advance payment of such credit under section 7527).
This subparagraph shall only apply with respect to the first 24 months
after such eligible individual is first entitled to the benefits
described in subsection (f)(2)(A).
`(B) DIVORCE- In the case of the finalization of a
divorce between an eligible individual and such individual's spouse,
such spouse shall be treated as an eligible individual for purposes of
this section and section 7527 for a period of 24 months beginning with
the date of such finalization, except that the only qualifying family
members who may be taken into account with respect to such spouse are
those individuals who were qualifying family members immediately before
such finalization.
`(C) DEATH- In the case of the death of an eligible individual--
`(i) any spouse of such individual (determined
at the time of such death) shall be treated as an eligible individual
for purposes of this section and section 7527 for a period of 24 months
beginning with the date of such death, except that the only qualifying
family members who may be taken into account with respect to such
spouse are those individuals who were qualifying family members
immediately before such death, and
`(ii) any individual who was a qualifying
family member of the decedent immediately before such death (or, in the
case of an individual to whom paragraph (4) applies, the taxpayer to
whom the deduction under section 151 is allowable) shall be treated as
an eligible individual for purposes of this section and section 7527
for a period of 24 months beginning with the date of such death, except
that in determining the amount of such credit only such qualifying
family member may be taken into account.'.
(b) Conforming Amendment- Section 173(f) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by adding at the
end the following:
`(8) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER
CERTAIN EVENTS- In the case of eligible coverage months beginning
before January 1, 2011--
`(A) MEDICARE ELIGIBILITY- In the case of any month
which would be an eligible coverage month with respect to an eligible
individual but for paragraph (7)(B)(i), such month shall be treated as
an eligible coverage month with respect to such eligible individual
solely for purposes of determining the eligibility of qualifying family
members of such individual under this subsection. This subparagraph
shall only apply with respect to the first 24 months after such
eligible individual is first entitled to the benefits described in
paragraph (7)(B)(i).
`(B) DIVORCE- In the case of the finalization of a
divorce between an eligible individual and such individual's spouse,
such spouse shall be treated as an eligible individual for purposes of
this subsection for a period of 24 months beginning with the date of
such finalization, except that the only qualifying family members who
may be taken into account with respect to such spouse are those
individuals who were qualifying family members immediately before such
finalization.
`(C) DEATH- In the case of the death of an eligible individual--
`(i) any spouse of such individual (determined
at the time of such death) shall be treated as an eligible individual
for purposes of this subsection for a period of 24 months beginning
with the date of such death, except that the only qualifying family
members who may be taken into account with respect to such spouse are
those individuals who were qualifying family members immediately before
such death, and
`(ii) any individual who was a qualifying
family member of the decedent immediately before such death shall be
treated as an eligible individual for purposes this subsection for a
period of 24 months beginning with the date of such death, except that
no qualifying family members may be taken into account with respect to
such individual.'.
(c) Effective Date- The amendments made by this section shall apply to months beginning after December 31, 2009.
SEC. 1899F. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments- Section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is
amended--
(1) by moving clause (v) to after clause (iv) and
before the flush left sentence beginning with `In the case of a
qualified beneficiary';
(2) by striking `In the case of a qualified beneficiary' and inserting the following:
`(vi) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; and
(3) by redesignating clauses (v) and (vi), as amended
by paragraphs (1) and (2), as clauses (vii) and (viii), respectively,
and by inserting after clause (iv) the following new clauses:
`(v) SPECIAL RULE FOR PBGC RECIPIENTS- In the
case of a qualifying event described in section 603(2) with respect to
a covered employee who (as of such qualifying event) has a
nonforfeitable right to a benefit any portion of which is to be paid by
the Pension Benefit Guaranty Corporation under title IV,
notwithstanding clause (i) or (ii), the date of the death of the
covered employee, or in the case of the surviving spouse or dependent
children of the covered employee, 24 months after the date of the death
of the covered employee. The preceding sentence shall not require any
period of coverage to extend beyond December 31, 2010.
`(vi) SPECIAL RULE FOR TAA-ELIGIBLE
INDIVIDUALS- In the case of a qualifying event described in section
603(2) with respect to a covered employee who is (as of the date that
the period of coverage would, but for this clause or clause (vii),
otherwise terminate under clause (i) or (ii)) a TAA-eligible individual
(as defined in section 605(b)(4)(B)), the period of coverage shall not
terminate by reason of clause (i) or (ii), as the case may be, before
the later of the date specified in such clause or the date on which
such individual ceases to be such a TAA-eligible individual. The
preceding sentence shall not require any period of coverage to extend
beyond December 31, 2010.'.
(b) IRC Amendments- Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is amended--
(1) by striking `In the case of a qualified beneficiary' and inserting the following:
`(VI) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary', and
(2) by redesignating subclauses (V) and (VI), as
amended by paragraph (1), as subclauses (VII) and (VIII), respectively,
and by inserting after clause (IV) the following new subclauses:
`(V) SPECIAL RULE FOR PBGC RECIPIENTS- In
the case of a qualifying event described in paragraph (3)(B) with
respect to a covered employee who (as of such qualifying event) has a
nonforfeitable right to a benefit any portion of which is to be paid by
the Pension Benefit Guaranty Corporation under title IV of the Employee
Retirement Income Security Act of 1974, notwithstanding subclause (I)
or (II), the date of the death of the covered employee, or in the case
of the surviving spouse or dependent children of the covered employee,
24 months after the date of the death of the covered employee. The
preceding sentence shall not require any period of coverage to extend
beyond December 31, 2010.
`(VI) SPECIAL RULE FOR TAA-ELIGIBLE
INDIVIDUALS- In the case of a qualifying event described in paragraph
(3)(B) with respect to a covered employee who is (as of the date that
the period of coverage would, but for this subclause or subclause
(VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible
individual (as defined in paragraph (5)(C)(iv)(II)), the period of
coverage shall not terminate by reason of subclause (I) or (II), as the
case may be, before the later of the date specified in such subclause
or the date on which such individual ceases to be such a TAA-eligible
individual. The preceding sentence shall not require any period of
coverage to extend beyond December 31, 2010.'.
(c) PHSA Amendments- Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended--
(1) by striking `In the case of a qualified beneficiary' and inserting the following:
`(v) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; and
(2) by redesignating clauses (iv) and (v), as amended
by paragraph (1), as clauses (v) and (vi), respectively, and by
inserting after clause (iii) the following new clause:
`(iv) SPECIAL RULE FOR TAA-ELIGIBLE
INDIVIDUALS- In the case of a qualifying event described in section
2203(2) with respect to a covered employee who is (as of the date that
the period of coverage would, but for this clause or clause (v),
otherwise terminate under clause (i) or (ii)) a TAA-eligible individual
(as defined in section 2205(b)(4)(B)), the period of coverage shall not
terminate by reason of clause (i) or (ii), as the case may be, before
the later of the date specified in such clause or the date on which
such individual ceases to be such a TAA-eligible individual. The
preceding sentence shall not require any period of coverage to extend
beyond December 31, 2010.'.
(d) Effective Date- The amendments made by this section
shall apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after the date of the
enactment of this Act.
SEC. 1899G. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS.
(a) In General- Paragraph (1) of section 35(e) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
`(K) In the case of eligible coverage months
beginning before January 1, 2011, coverage under an employee benefit
plan funded by a voluntary employees' beneficiary association (as
defined in section 501(c)(9)) established pursuant to an order of a
bankruptcy court, or by agreement with an authorized representative, as
provided in section 1114 of title 11, United States Code.'.
(b) Effective Date- The amendments made by this section
shall apply to coverage months beginning after the date of the
enactment of this Act.
SEC. 1899H. NOTICE REQUIREMENTS.
(a) In General- Subsection (d) of section 7527 of the
Internal Revenue Code of 1986 (relating to qualified health insurance
costs credit eligibility certificate) is amended to read as follows:
`(d) Qualified Health Insurance Costs Eligibility Certificate-
`(1) IN GENERAL- For purposes of this section, the term
`qualified health insurance costs eligibility certificate' means any
written statement that an individual is an eligible individual (as
defined in section 35(c)) if such statement provides such information
as the Secretary may require for purposes of this section and--
`(A) in the case of an eligible TAA recipient (as
defined in section 35(c)(2)) or an eligible alternative TAA recipient
(as defined in section 35(c)(3)), is certified by the Secretary of
Labor (or by any other person or entity designated by the Secretary), or
`(B) in the case of an eligible PBGC pension
recipient (as defined in section 35(c)(4)), is certified by the Pension
Benefit Guaranty Corporation (or by any other person or entity
designated by the Secretary).
`(2) INCLUSION OF CERTAIN INFORMATION- In the case of
any statement described in paragraph (1) which is issued before January
1, 2011, such statement shall not be treated as a qualified health
insurance costs credit eligibility certificate unless such statement
includes--
`(A) the name, address, and telephone number of the
State office or offices responsible for providing the individual with
assistance with enrollment in qualified health insurance (as defined in
section 35(e)),
`(B) a list of the coverage options that are
treated as qualified health insurance (as so defined) by the State in
which the individual resides, and
`(C) in the case of a TAA-eligible individual (as
defined in section 4980B(f)(5)(C)(iv)(II)), a statement informing the
individual that the individual has 63 days from the date that is 7 days
after the date of the issuance of such certificate to enroll in such
insurance without a lapse in creditable coverage (as defined in section
9801(c)).'.
(b) Effective Date- The amendment made by this section
shall apply to certificates issued after the date that is 6 months
after the date of the enactment of this Act.
SEC. 1899I. SURVEY AND REPORT ON ENHANCED HEALTH COVERAGE TAX CREDIT PROGRAM.
(1) IN GENERAL- The Secretary of the Treasury shall
conduct a biennial survey of eligible individuals (as defined in
section 35(c) of the Internal Revenue Code of 1986) relating to the
health coverage tax credit under section 35 of the Internal Revenue
Code of 1986 (hereinafter in this section referred to as the `health
coverage tax credit').
(2) INFORMATION OBTAINED- The survey conducted under subsection (a) shall obtain the following information:
(A) HCTC PARTICIPANTS- In the case of eligible
individuals receiving the health coverage tax credit (including
individuals participating in the health coverage tax credit program
under section 7527 of such Code, hereinafter in this section referred
to as the `HCTC program')--
(i) demographic information of such individuals, including income and education levels,
(ii) satisfaction of such individuals with the enrollment process in the HCTC program,
(iii) satisfaction of such individuals with
available health coverage options under the credit, including level of
premiums, benefits, deductibles, cost-sharing requirements, and the
adequacy of provider networks, and
(iv) any other information that the Secretary determines is appropriate.
(B) NON-HCTC PARTICIPANTS- In the case of eligible individuals not receiving the health coverage tax credit--
(i) demographic information of each individual, including income and education levels,
(ii) whether the individual was aware of the health coverage tax credit or the HCTC program,
(iii) the reasons the individual has not
enrolled in the HCTC program, including whether such reasons include
the burden of the process of enrollment and the affordability of
coverage,
(iv) whether the individual has health insurance coverage, and, if so, the source of such coverage, and
(v) any other information that the Secretary determines is appropriate.
(3) REPORT- Not later than December 31 of each year in
which a survey is conducted under paragraph (1) (beginning in 2010),
the Secretary of the Treasury shall report to the Committee on Finance
and the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Ways and Means, the Committee on Education
and Labor, and the Committee on Energy and Commerce of the House of
Representatives the findings of the most recent survey conducted under
paragraph (1).
(b) Report- Not later than October 1 of each year
(beginning in 2010), the Secretary of the Treasury (after consultation
with the Secretary of Health and Human Services, and, in the case of
the information required under paragraph (7), the Secretary of Labor)
shall report to the Committee on Finance and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on Ways
and Means, the Committee on Education and Labor, and the Committee on
Energy and Commerce of the House of Representatives the following
information with respect to the most recent taxable year ending before
such date:
(1) In each State and nationally--
(A) the total number of eligible individuals (as
defined in section 35(c) of the Internal Revenue Code of 1986) and the
number of eligible individuals receiving the health coverage tax credit,
(B) the total number of such eligible individuals
who receive an advance payment of the health coverage tax credit
through the HCTC program,
(C) the average length of the time period of the participation of eligible individuals in the HCTC program, and
(D) the total number of participating eligible
individuals in the HCTC program who are enrolled in each category of
coverage as described in section 35(e)(1) of such Code,
with respect to each category of eligible individuals described in section 35(c)(1) of such Code.
(2) In each State and nationally, an analysis of--
(A) the range of monthly health insurance premiums,
for self-only coverage and for family coverage, for individuals
receiving the health coverage tax credit, and
(B) the average and median monthly health insurance
premiums, for self-only coverage and for family coverage, for
individuals receiving the health coverage tax credit,
with respect to each category of coverage as described in section 35(e)(1) of such Code.
(3) In each State and nationally, an analysis of the
following information with respect to the health insurance coverage of
individuals receiving the health coverage tax credit who are enrolled
in coverage described in subparagraphs (B) through (H) of section
35(e)(1) of such Code:
(B) Other out-of-pocket cost-sharing amounts.
(C) A description of any annual or lifetime limits
on coverage or any other significant limits on coverage services, or
benefits.
The information required under this paragraph shall be
reported with respect to each category of coverage described in such
subparagraphs.
(4) In each State and nationally, the gender and
average age of eligible individuals (as defined in section 35(c) of
such Code) who receive the health coverage tax credit, in each category
of coverage described in section 35(e)(1) of such Code, with respect to
each category of eligible individuals described in such section.
(5) The steps taken by the Secretary of the Treasury to
increase the participation rates in the HCTC program among eligible
individuals, including outreach and enrollment activities.
(6) The cost of administering the HCTC program by
function, including the cost of subcontractors, and recommendations on
ways to reduce administrative costs, including recommended statutory
changes.
(7) The number of States applying for and receiving
national emergency grants under section 173(f) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)), the activities funded by
such grants on a State-by-State basis, and the time necessary for
application approval of such grants.
SEC. 1899J. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $80,000,000 for the
period of fiscal years 2009 through 2010 to implement the amendments
made by, and the provisions of, sections 1899 through 1899I of this
part.
SEC. 1899K. EXTENSION OF NATIONAL EMERGENCY GRANTS.
(a) In General- Section 173(f) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is amended--
(1) by striking paragraph (1) and inserting the following new paragraph:
`(A) HEALTH INSURANCE COVERAGE FOR ELIGIBLE
INDIVIDUALS IN ORDER TO OBTAIN QUALIFIED HEALTH INSURANCE THAT HAS
GUARANTEED ISSUE AND OTHER CONSUMER PROTECTIONS- Funds made available
to a State or entity under paragraph (4)(A) of subsection (a) may be
used to provide an eligible individual described in paragraph (4)(C)
and such individual's qualifying family members with health insurance
coverage for the 3-month period that immediately precedes the first
eligible coverage month (as defined in section 35(b) of the Internal
Revenue Code of 1986) in which such eligible individual and such
individual's qualifying family members are covered by qualified health
insurance that meets the requirements described in clauses (i) through
(v) of section 35(e)(2)(A) of the Internal Revenue Code of 1986 (or
such longer minimum period as is necessary in order for such eligible
individual and such individual's qualifying family members to be
covered by qualified health insurance that meets such requirements).
`(B) ADDITIONAL USES- Funds made available to a
State or entity under paragraph (4)(A) of subsection (a) may be used by
the State or entity for the following:
`(i) HEALTH INSURANCE COVERAGE- To assist an
eligible individual and such individual's qualifying family members
with enrolling in health insurance coverage and qualified health
insurance or paying premiums for such coverage or insurance.
`(ii) ADMINISTRATIVE EXPENSES AND START-UP
EXPENSES TO ESTABLISH GROUP HEALTH PLAN COVERAGE OPTIONS FOR QUALIFIED
HEALTH INSURANCE- To pay the administrative expenses related to the
enrollment of eligible individuals and such individuals' qualifying
family members in health insurance coverage and qualified health
insurance, including--
`(I) eligibility verification activities;
`(II) the notification of eligible individuals of available health insurance and qualified health insurance options;
`(III) processing qualified health
insurance costs credit eligibility certificates provided for under
section 7527 of the Internal Revenue Code of 1986;
`(IV) providing assistance to eligible individuals in enrolling in health insurance coverage and qualified health insurance;
`(V) the development or installation of necessary data management systems; and
`(VI) any other expenses determined
appropriate by the Secretary, including start-up costs and on going
administrative expenses, in order for the State to treat the coverage
described in subparagraphs (C) through (H) of section 35(e)(1) of the
Internal Revenue Code of 1986 as qualified health insurance under that
section.
`(iii) OUTREACH- To pay for outreach to
eligible individuals to inform such individuals of available health
insurance and qualified health insurance options, including outreach
consisting of notice to eligible individuals of such options made
available after the date of enactment of this clause and direct
assistance to help potentially eligible individuals and such
individual's qualifying family members qualify and remain eligible for
the credit established under section 35 of the Internal Revenue Code of
1986 and advance payment of such credit under section 7527 of such Code.
`(iv) BRIDGE FUNDING- To assist potentially
eligible individuals to purchase qualified health insurance coverage
prior to issuance of a qualified health insurance costs credit
eligibility certificate under section 7527 of the Internal Revenue Code
of 1986 and commencement of advance payment, and receipt of expedited
payment, under subsections (a) and (e), respectively, of that section.
`(C) RULE OF CONSTRUCTION- The inclusion of a
permitted use under this paragraph shall not be construed as
prohibiting a similar use of funds permitted under subsection (g).'; and
(2) by striking paragraph (2) and inserting the following new paragraph:
`(2) QUALIFIED HEALTH INSURANCE- For purposes of this
subsection and subsection (g), the term `qualified health insurance'
has the meaning given that term in section 35(e) of the Internal
Revenue Code of 1986.'.
(b) Funding- Section 174(c)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2919(c)(1)) is amended--
(1) in the paragraph heading, by striking
`AUTHORIZATION AND APPROPRIATION FOR FISCAL YEAR 2002' and inserting
`APPROPRIATIONS'; and
(2) by striking subparagraph (A) and inserting the following new subparagraph:
`(A) to carry out subsection (a)(4)(A) of section 173--
`(i) $10,000,000 for fiscal year 2002; and
`(ii) $150,000,000 for the period of fiscal years 2009 through 2010; and'.
SEC. 1899L. GAO STUDY AND REPORT.
(a) Study- The Comptroller General of the United States
shall conduct a study regarding the health insurance tax credit allowed
under section 35 of the Internal Revenue Code of 1986.
(b) Report- Not later than March 1, 2010, the Comptroller
General shall submit a report to Congress regarding the results of the
study conducted under subsection (a). Such report shall include an
analysis of--
(1) the administrative costs--
(A) of the Federal Government with respect to such
credit and the advance payment of such credit under section 7527 of
such Code, and
(B) of providers of qualified health insurance with
respect to providing such insurance to eligible individuals and their
qualifying family members,
(2) the health status and relative risk status of
eligible individuals and qualifying family members covered under such
insurance,
(3) participation in such credit and the advance
payment of such credit by eligible individuals and their qualifying
family members, including the reasons why such individuals did or did
not participate and the effect of the amendments made by this part on
such participation, and
(4) the extent to which eligible individuals and their qualifying family members--
(A) obtained health insurance other than qualifying health insurance, or
(B) went without health insurance coverage.
(c) Access to Records- For purposes of conducting the study
required under this section, the Comptroller General and any of his
duly authorized representatives shall have access to, and the right to
examine and copy, all documents, records, and other recorded
information--
(1) within the possession or control of providers of qualified health insurance, and
(2) determined by the Comptroller General (or any such representative) to be relevant to the study.
The Comptroller General shall not disclose the identity of
any provider of qualified health insurance or any eligible individual
in making any information obtained under this section available to the
public.
(d) Definitions- Any term which is defined in section 35 of
the Internal Revenue Code of 1986 shall have the same meaning when used
in this section.
TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
SEC. 2000. SHORT TITLE; TABLE OF CONTENTS OF TITLE.
(a) Short Title- This title may be cited as the `Assistance for Unemployed Workers and Struggling Families Act'.
(b) Table of Contents of Title- The table of contents of this title is as follows:
TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
Sec. 2000. Short title; table of contents of title.
Subtitle A--Unemployment Insurance
Sec. 2001. Extension of emergency unemployment compensation program.
Sec. 2002. Increase in unemployment compensation benefits.
Sec. 2003. Special transfers for unemployment compensation modernization.
Sec. 2004. Temporary assistance for states with advances.
Sec. 2005. Full Federal funding of extended unemployment compensation for a limited period.
Sec. 2006. Temporary increase in extended unemployment benefits under the Railroad Unemployment Insurance Act.
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 resumption of prior child support law.
Subtitle C--Economic Recovery Payments to Certain Individuals
Sec. 2201. Economic recovery payment to recipients of
social security, supplemental security income, railroad retirement
benefits, and veterans disability compensation or pension benefits.
Sec. 2202. Special credit for certain government retirees.
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.
(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.
(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- The monthly equivalent of any additional
compensation paid under this section shall be disregarded in
considering the amount of income of an individual for any purposes
under title XIX and title XXI of the Social Security 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. SPECIAL TRANSFERS FOR 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 in Fiscal Years 2009, 2010, and 2011 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 work (as
defined by the Secretary of Labor), 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 (as so defined).
`(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 those terms are 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)(i) 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, except that such
compensation is not required to be paid to an individual who is
receiving similar stipends or other training allowances for
non-training costs.
`(ii) Each State-approved training program or job
training program referred to in clause (i) 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.
`(iii) The amount of unemployment compensation payable
under this subparagraph to an individual for a week of unemployment
shall be equal to--
`(I) the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year, less
`(II) any deductible income, as determined under State law.
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), except that a State law may
provide for a reasonable reduction in the amount of any such allowance
for a week of less than total unemployment.
`(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, 2011.
`(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 during such period on any advance or advances made under section 1201 to a State.
`(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.'.
SEC. 2005. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD.
(a) In General- In the case of sharable extended
compensation and sharable regular compensation paid for weeks of
unemployment beginning after the date of the enactment of this section
and before January 1, 2010, section 204(a)(1) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)
shall be applied by substituting `100 percent of' for `one-half of'.
(b) Special Rule- At the option of a State, for any weeks
of unemployment beginning after the date of the enactment of this
section and before January 1, 2010, an individual's eligibility period
(as described in section 203(c) of the Federal-State Extended
Unemployment Compensation Act of 1970) shall, for purposes of any
determination of eligibility for extended compensation under the State
law of such State, be considered to include any week which begins--
(1) after the date as of which such individual exhausts all rights to emergency unemployment compensation; and
(2) during an extended benefit period that began on or before the date described in paragraph (1).
(c) Limited Extension- In the case of an individual who
receives extended compensation with respect to 1 or more weeks of
unemployment beginning after the date of the enactment of this Act and
before January 1, 2010, the provisions of subsections (a) and (b)
shall, at the option of a State, be applied by substituting `ending
before June 1, 2010' for `before January 1, 2010'.
(d) Extension of Temporary Federal Matching for the First Week of Extended Benefits for States With No Waiting Week-
(1) IN GENERAL- Section 5 of the Unemployment
Compensation Extension Act of 2008 (Public Law 110-449) is amended by
striking `December 8, 2009' and inserting `May 30, 2010'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1)
shall take effect as if included in the enactment of the Unemployment
Compensation Extension Act of 2008 (Public Law 110-449).
(e) Definitions- For purposes of this section--
(1) the terms `sharable extended compensation' and
`sharable regular compensation' have the respective meanings given such
terms under section 204 of the Federal-State Extended Unemployment
Compensation Act of 1970;
(2) the terms `extended compensation', `State', `State
law', and `week' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment Compensation Act
of 1970;
(3) the term `emergency unemployment compensation'
means benefits payable to individuals under title IV of the
Supplemental Appropriations Act, 2008 with respect to their
unemployment; and
(4) the term `extended benefit period' means an
extended benefit period as determined in accordance with applicable
provisions of the Federal-State Extended Unemployment Compensation Act
of 1970.
(f) Regulations- The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out this
section.
SEC. 2006. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) In General- Section 2(c)(2) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)) is amended by adding
at the end the following:
`(D) TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS-
`(i) EMPLOYEES WITH 10 OR MORE YEARS OF
SERVICE- Subject to clause (iii), in the case of an employee who has 10
or more years of service (as so defined), with respect to extended
unemployment benefits--
`(I) subparagraph (A) shall be applied by substituting `130 days of unemployment' for `65 days of unemployment'; and
`(II) subparagraph (B) shall be applied by
inserting `(or, in the case of unemployment benefits, 13 consecutive
14-day periods)' after `7 consecutive 14-day periods'.
`(ii) EMPLOYEES WITH LESS THAN 10 YEARS OF
SERVICE- Subject to clause (iii), in the case of an employee who has
less than 10 years of service (as so defined), with respect to extended
unemployment benefits, this paragraph shall apply to such an employee
in the same manner as this paragraph would apply to an employee
described in clause (i) if such clause had not been enacted.
`(iii) APPLICATION- The provisions of clauses
(i) and (ii) shall apply to an employee who received normal benefits
for days of unemployment under this Act during the period beginning
July 1, 2008, and ending on June 30, 2009, except that no extended
benefit period under this paragraph shall begin after December 31,
2009. Notwithstanding the preceding sentence, no benefits shall be
payable under this subparagraph and clauses (i) and (ii) shall no
longer be applicable upon the exhaustion of the funds appropriated
under clause (iv) for payment of benefits under this subparagraph.
`(iv) APPROPRIATION- Out of any funds in the
Treasury not otherwise appropriated, there are appropriated $20,000,000
to cover the cost of additional extended unemployment benefits provided
under this subparagraph, to remain available until expended.'.
(b) Funding for Administration- Out of any funds in the
Treasury not otherwise appropriated, there are appropriated to the
Railroad Retirement Board $80,000 to cover the administrative expenses
associated with the payment of additional extended unemployment
benefits under section 2(c)(2)(D) of the Railroad Unemployment
Insurance Act, as added by subsection (a), to remain available until
expended.
Subtitle B--Assistance for Vulnerable Individuals
SEC. 2101. EMERGENCY FUND FOR TANF PROGRAM.
(1) IN GENERAL- Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following:
`(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').
`(A) IN GENERAL- Out of any money in the Treasury
of the United States not otherwise appropriated, there are appropriated
for fiscal year 2009, $5,000,000,000 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.
`(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 an amount equal to 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
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 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, on a State-by-State basis, to
ensure that the data are comparable with respect to the groups of
families served and the types of aid provided. 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 fiscal years 2009
and 2010 combined shall not exceed 50 percent of the annual 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) APPLICATION TO INDIAN TRIBES- This subsection
shall apply to an Indian tribe with an approved tribal family
assistance plan under section 412 in the same manner as this subsection
applies to a State.
`(9) 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, except that paragraph (9) of such
subsection shall remain in effect until October 1, 2011, but only with
respect to section 407(b)(3)(A)(i) of such Act.
(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)(9)), 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) Sunset of Other Temporary Provisions-
(1) DISREGARD FROM LIMITATION ON TOTAL PAYMENTS TO
TERRITORIES- Effective October 1, 2010, section 1108(a)(2) of the
Social Security Act (42 U.S.C. 1308(a)(2)) is amended by striking
`403(c)(3),' (as added by subsection (c)).
(2) CASELOAD REDUCTION CREDIT- Effective October 1,
2011, section 407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i))
is amended by striking `(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)(9)), 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))' (as added by subsection (b)).
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 RESUMPTION OF PRIOR CHILD SUPPORT LAW.
During the period that begins on October 1, 2008, and ends
on September 30, 2010, section 455(a)(1) of the Social Security Act (42
U.S.C. 655(a)(1)) shall be applied and administered as if the phrase
`from amounts paid to the State under section 458 or' does not appear
in such section.
Subtitle C--Economic Recovery Payments to Certain Individuals
SEC. 2201. 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-
(A) IN GENERAL- Subject to paragraph (5)(B), the
Secretary of the Treasury shall disburse a $250 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 disbursing 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 disburse 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 disbursed 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.
(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 through 2011, to
remain available until expended, to carry out this section:
(1) For the Secretary of the Treasury, $131,000,000 for
administrative costs incurred in carrying out this section, section
2202, section 36A of the Internal Revenue Code of 1986 (as added by
this Act), and other provisions of this Act or the amendments made by
this Act relating to the Internal Revenue Code of 1986.
(2) For the Commissioner of Social Security--
(A) such sums as may be necessary for payments to
individuals certified by the Commissioner of Social Security as
entitled to receive a payment under this section; and
(B) $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--
(A) such sums as may be necessary for payments to
individuals certified by the Railroad Retirement Board as entitled to
receive a payment under this section; and
(B) $1,400,000 to the Railroad Retirement Board's
Limitation on Administration for administrative costs incurred in
carrying out this section.
(4)(A) For the Secretary of Veterans Affairs--
(i) such sums as may be necessary for the
Compensation and Pensions account, for payments to individuals
certified by the Secretary of Veterans Affairs as entitled to receive a
payment under this section; and
(ii) $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.
(B) The Department of Veterans Affairs Compensation and
Pensions account shall hereinafter be available for payments authorized
under subsection (a)(1)(A) to individuals entitled to a benefit payment
described in subsection (a)(1)(B)(iii).
SEC. 2202. SPECIAL CREDIT FOR CERTAIN GOVERNMENT RETIREES.
(a) In General- In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by subtitle
A of the Internal Revenue Code of 1986 for the first taxable year
beginning in 2009 an amount equal $250 ($500 in the case of a joint
return where both spouses are eligible individuals).
(b) Eligible Individual- For purposes of this section--
(1) IN GENERAL- The term `eligible individual' means any individual--
(A) who receives during the first taxable year
beginning in 2009 any amount as a pension or annuity for service
performed in the employ of the United States or any State, or any
instrumentality thereof, which is not considered employment for
purposes of chapter 21 of the Internal Revenue Code of 1986, and
(B) who does not receive a payment under section 2201 during such taxable year.
(2) IDENTIFICATION NUMBER REQUIREMENT- Such term shall
not include any individual who does not include on the return of tax
for the taxable year--
(A) such individual's social security account number, and
(B) in the case of a joint return, the social security account number of one of the taxpayers on such return.
For purposes of the preceding sentence, the social
security account number shall not include a TIN (as defined in section
7701(a)(41) of the Internal Revenue Code of 1986) issued by the
Internal Revenue Service. Any omission of a correct social security
account number required under this subparagraph shall be treated as a
mathematical or clerical error for purposes of applying section
6213(g)(2) of such Code to such omission.
(A) IN GENERAL- The credit allowed by subsection
(a) shall be treated as allowed by subpart C of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986.
(B) APPROPRIATIONS- For purposes of section
1324(b)(2) of title 31, United States Code, the credit allowed by
subsection (a) shall be treated in the same manner a refund from the
credit allowed under section 36A of the Internal Revenue Code of 1986
(as added by this Act).
(2) DEFICIENCY RULES- For purposes of section
6211(b)(4)(A) of the Internal Revenue Code of 1986, the credit
allowable by subsection (a) shall be treated in the same manner as the
credit allowable under section 36A of the Internal Revenue Code of 1986
(as added by this Act).
(d) 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 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.
TITLE III--PREMIUM ASSISTANCE FOR COBRA BENEFITS
SEC. 3000. TABLE OF CONTENTS.
The table of contents of this title is as follows:
TITLE III--PREMIUM ASSISTANCE FOR COBRA BENEFITS
Sec. 3000. Table of contents.
Sec. 3001. Premium assistance for COBRA benefits.
SEC. 3001. PREMIUM ASSISTANCE FOR COBRA BENEFITS.
(a) Premium Assistance for COBRA Continuation Coverage for Individuals and Their Families-
(1) PROVISION OF PREMIUM ASSISTANCE-
(A) REDUCTION OF PREMIUMS PAYABLE- In the case of
any premium for a period of coverage beginning on or after the date of
the enactment of this 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 (or a person other than
such individual's employer pays on behalf of such individual) 35
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 flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); 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 flexible spending
arrangement (as defined in section 106(c)(2) of the Internal Revenue
Code of 1986), 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
(I) the date which is 9 months after the
first day of the 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- For purposes of applying 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 does not have an
election of COBRA continuation coverage in effect on the date of the
enactment of this Act but who would be an assistance eligible
individual if such election were so in effect, such individual may
elect the COBRA continuation coverage under the COBRA continuation
coverage provisions containing such sections during the period
beginning on the date of the enactment of this Act and ending 60 days
after 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 with the first period of coverage beginning on or after 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 beginning of the period described in subparagraph (B)(i),
shall be disregarded for purposes of determining the
63-day periods referred to in section 701(c)(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, 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 15 business days after
receipt of such individual's application for review under this
paragraph. Either Secretary's determination upon review of the denial
shall be de novo and shall be the final determination of such
Secretary. A reviewing court shall grant deference to such Secretary's
determination. The provisions of this paragraph, paragraphs (1) through
(4), and paragraph (7) shall be treated as provisions of title I of the
Employee Retirement Income Security Act of 1974 for purposes of part 5
of subtitle B of such title.
(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-
(i) IN GENERAL- In the case of notices provided
under section 606(a)(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, the requirements of such sections shall not be
treated as met unless such notices 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 the employer 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 consultation 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 under section
6720C of the Internal Revenue Code of 1986 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 IN CONNECTION WITH EXTENDED ELECTION
PERIODS- In the case of any assistance eligible individual (or any
individual described in paragraph (4)(A)) who became entitled to elect
COBRA continuation coverage before the date of the enactment of this
Act, the administrator of the group health plan (or other entity)
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) and failure to provide such notice shall be treated as
a failure to meet the notice requirements under the applicable COBRA
continuation provision.
(D) MODEL NOTICES- Not later than 30 days after the date of enactment of this Act--
(i) 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 (other than the additional notification
described in clause (ii)), and
(ii) in the case of any additional notification
provided pursuant to subparagraph (A) under section 8905a(f)(2)(A) of
title 5, United States Code, the Office of Personnel Management shall
prescribe a model for such additional notification.
(8) REGULATIONS- The Secretary of the Treasury may
prescribe such regulations or other guidance as may be necessary or
appropriate to carry out the provisions of this subsection, including
the prevention of fraud and abuse under this subsection, except that
the Secretary of Labor and the Secretary of Health and Human Services
may prescribe such regulations (including interim final regulations) or
other guidance as may be necessary or appropriate to carry out the
provisions of paragraphs (5), (7), and (9).
(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 websites of the Departments of Labor, Treasury,
and Health and Human Services.
(10) DEFINITIONS- For purposes of this section--
(A) ADMINISTRATOR- The term `administrator' has the
meaning given such term in section 3(16)(A) 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 comparable
continuation coverage. Such term does not include coverage under a
health flexible spending arrangement under a cafeteria plan within the
meaning of section 125 of the Internal Revenue Code of 1986.
(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.
(H) PERIOD OF COVERAGE- Any reference in this
subsection to a period of coverage shall be treated as a reference to a
monthly or shorter period of coverage with respect to which premiums
are charged with respect to such coverage.
(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, as amended by this Act, 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 as provided in
subsection (c) for the amount of premiums not paid by assistance
eligible individuals by reason of section 3002(a) of the Health
Insurance Assistance for the Unemployed Act of 2009.
`(b) Person Entitled to Reimbursement- For purposes of
subsection (a), except as otherwise provided by the Secretary, the
person to whom premiums are payable under COBRA continuation coverage
shall be treated as being--
`(1) in the case of any group health plan which is a
multiemployer plan (as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974), the plan,
`(2) in the case of any group health plan not described in paragraph (1)--
`(A) which is subject to the COBRA continuation provisions contained in--
`(i) the Internal Revenue Code of 1986,
`(ii) the Employee Retirement Income Security Act of 1974,
`(iii) the Public Health Service Act, or
`(iv) title 5, United States Code, or
`(B) under which some or all of the coverage is not provided by insurance,
the employer maintaining the plan, and
`(3) in the case of any group health plan not described
in paragraph (1) or (2), the insurer providing the coverage under the
group health plan.
`(c) Method of Reimbursement- Except as otherwise provided by the Secretary--
`(1) TREATMENT AS PAYMENT OF PAYROLL TAXES- Each person
entitled to reimbursement under subsection (a) (and filing a claim for
such reimbursement at such time and in such manner as the Secretary may
require) shall be treated for purposes of this title and section
1324(b)(2) of title 31, United States Code, as having paid to the
Secretary, on the date that the assistance eligible individual's
premium payment is received, payroll taxes in an amount equal to the
portion of such reimbursement which relates to such premium. To the
extent that the amount treated as paid under the preceding sentence
exceeds the amount of such person's liability for such taxes, the
Secretary shall credit or refund such excess in the same manner as if
it were an overpayment of such taxes.
`(2) OVERSTATEMENTS- Any overstatement of the
reimbursement to which a person is entitled under this section (and any
amount paid by the Secretary as a result of such overstatement) shall
be treated as an underpayment of payroll taxes by such person and may
be assessed and collected by the Secretary in the same manner as
payroll taxes.
`(3) REIMBURSEMENT CONTINGENT ON PAYMENT OF REMAINING
PREMIUM- No reimbursement may be made under this section to a person
with respect to any assistance eligible individual until after the
reduced premium required under section 3002(a)(1)(A) of such Act with
respect to such individual has been received.
`(d) Definitions- For purposes of this section--
`(1) PAYROLL TAXES- The term `payroll taxes' means--
`(A) amounts required to be deducted and withheld for the payroll period under section 3402 (relating to wage withholding),
`(B) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and
`(C) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes).
`(2) PERSON- The term `person' includes any governmental entity.
`(e) Reporting- Each person entitled to reimbursement under
subsection (a) for any period shall submit such reports (at such time
and in such manner) as the Secretary may require, including--
`(1) 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),
`(2) 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), and
`(3) a report containing the TINs of all covered
employees, the amount of subsidy reimbursed with respect to each
covered employee and qualified beneficiaries, and a designation with
respect to each covered employee as to whether the subsidy
reimbursement is for coverage of 1 individual or 2 or more individuals.
`(f) Regulations- The Secretary shall issue such
regulations or other guidance as may be necessary or appropriate to
carry out this section, including--
`(1) the requirement to report information or the
establishment of other methods for verifying the correct amounts of
reimbursements under this section, and
`(2) the application of this section to group health
plans that are multiemployer plans (as defined in section 3(37) of the
Employee Retirement Income Security Act of 1974).'.
(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.
(i) IN GENERAL- In the case of an assistance
eligible individual who pays, with respect to the first period of COBRA
continuation coverage to which subsection (a)(1)(A) applies or the
immediately subsequent period, the full premium amount for such
coverage, the person to whom such payment is payable 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 (a)(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 3002(a)(2)(C)) of the Health Insurance
Assistance for the Unemployed 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 3002(a) of the Health Insurance
Assistance for the Unemployed 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 3002 of the Health Insurance Assistance for the
Unemployed 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.
(b) Elimination of Premium Subsidy for High-Income Individuals-
(1) RECAPTURE OF SUBSIDY FOR HIGH-INCOME INDIVIDUALS- If--
(A) premium assistance is provided under this
section with respect to any COBRA continuation coverage which covers
the taxpayer, the taxpayer's spouse, or any dependent (within the
meaning of section 152 of the Internal Revenue Code of 1986, determined
without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of
the taxpayer during any portion of the taxable year, and
(B) the taxpayer's modified adjusted gross income
for such taxable year exceeds $125,000 ($250,000 in the case of a joint
return),
then the tax imposed by chapter 1 of such Code with
respect to the taxpayer for such taxable year shall be increased by the
amount of such assistance.
(2) PHASE-IN OF RECAPTURE-
(A) IN GENERAL- In the case of a taxpayer whose
modified adjusted gross income for the taxable year does not exceed
$145,000 ($290,000 in the case of a joint return), the increase in the
tax imposed under paragraph (1) shall not exceed the phase-in
percentage of such increase (determined without regard to this
paragraph).
(B) PHASE-IN PERCENTAGE- For purposes of this
subsection, the term `phase-in percentage' means the ratio (expressed
as a percentage) obtained by dividing--
(i) the excess of described in subparagraph (B) of paragraph (1), by
(ii) $20,000 ($40,000 in the case of a joint return).
(3) OPTION FOR HIGH-INCOME INDIVIDUALS TO WAIVE
ASSISTANCE AND AVOID RECAPTURE- Notwithstanding subsection (a)(3), an
individual shall not be treated as an assistance eligible individual
for purposes of this section and section 6432 of the Internal Revenue
Code of 1986 if such individual--
(A) makes a permanent election (at such time and in
such form and manner as the Secretary of the Treasury may prescribe) to
waive the right to the premium assistance provided under this section,
and
(B) notifies the entity to whom premiums are reimbursed under section 6432(a) of such Code of such election.
(4) MODIFIED ADJUSTED GROSS INCOME- For purposes of
this subsection, the term `modified adjusted gross income' means the
adjusted gross income (as defined in section 62 of the Internal Revenue
Code of 1986) of the taxpayer for the taxable year increased by any
amount excluded from gross income under section 911, 931, or 933 of
such Code.
(5) CREDITS NOT ALLOWED AGAINST TAX, ETC- For purposes
determining regular tax liability under section 26(b) of such Code, the
increase in tax under this subsection shall not be treated as a tax
imposed under chapter 1 of such Code.
(6) REGULATIONS- The Secretary of the Treasury shall
issue such regulations or other guidance as are necessary or
appropriate to carry out this subsection, including requirements that
the entity to whom premiums are reimbursed under section 6432(a) of the
Internal Revenue Code of 1986 report to the Secretary, and to each
assistance eligible individual, the amount of premium assistance
provided under subsection (a) with respect to each such individual.
(7) EFFECTIVE DATE- The provisions of this subsection
shall apply to taxable years ending after the date of the enactment of
this Act.
TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
SEC. 4001. TABLE OF CONTENTS OF TITLE.
The table of contents of this title is as follows:
TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONS
Sec. 4001. Table of contents of title.
Subtitle A--Medicare Incentives
Sec. 4101. Incentives for eligible professionals.
Sec. 4102. Incentives for hospitals.
Sec. 4103. Treatment of payments and savings; implementation funding.
Sec. 4104. Studies and reports on health information technology.
Subtitle B--Medicaid Incentives
Sec. 4201. Medicaid provider HIT adoption and operation payments; implementation funding.
Subtitle C--Miscellaneous Medicare Provisions
Sec. 4301. Moratoria on certain Medicare regulations.
Sec. 4302. Long-term care hospital technical corrections.
Subtitle A--Medicare Incentives
SEC. 4101. 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-
`(i) IN GENERAL- Subject to 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 EHR
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 2016- No incentive payments may be made under this
subsection with respect to a year after 2016.
`(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 AFTER 2013- If the first payment year for an
eligible professional is after 2013, 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 ELIGIBLE
PROFESSIONALS- In the case of an eligible professional who
predominantly furnishes services under this part in an 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
10 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 EHR 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. The
determination of whether an eligible professional is a hospital-based
eligible professional shall be made on the basis of the site of service
(as defined by the Secretary) and without regard to any employment or
billing arrangement between the eligible professional and any other
provider.
`(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. 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 an
EHR reporting period for a payment year (or, for purposes of subsection
(a)(7), for an EHR 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--
`(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).
`(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--
`(i) the methodology and standards for
determining payment amounts under this subsection and payment
adjustments under subsection (a)(7)(A), including the limitation under
paragraph (1)(B) and coordination under clauses (ii) and (iii) of
paragraph (1)(D);
`(ii) the methodology and standards for
determining a meaningful EHR user under paragraph (2), including
selection of measures under paragraph (2)(B), specification of the
means of demonstrating meaningful EHR use under paragraph (2)(C), and
the hardship exception under subsection (a)(7)(B);
`(iii) the methodology and standards for determining a hospital-based eligible professional under paragraph (1)(C); and
`(iv) the specification of reporting periods
under paragraph (5) and the selection of the form of payment under
paragraph (1)(D)(i).
`(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 section 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) EHR REPORTING PERIOD- The term `EHR reporting
period' means, with respect to a payment year, any period (or periods)
as specified by the Secretary.
`(C) ELIGIBLE PROFESSIONAL- The term `eligible professional' means a physician, as defined in section 1861(r).'.
(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-
`(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 an EHR 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) EHR REPORTING PERIOD- The term `EHR
reporting period' means, with respect to a year, a period (or periods)
specified by the Secretary.
`(iii) ELIGIBLE PROFESSIONAL- The term `eligible professional' means a physician, as defined in section 1861(r).'.
(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 Medicare patient care services to enrollees
of such organization; and
`(II) furnishes at least 80 percent of the
professional services of the eligible professional covered under this
title 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- In the case of an eligible professional described in paragraph (2)--
`(I) that 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; and
`(II) that is eligible for less than such
maximum incentive payment for the same payment period, the payment
incentive shall be made only under this subsection and not under
section 1848(o)(1)(A).
`(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.
`(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) the number of percentage points by which
the applicable percent (under section 1848(a)(7)(A)(ii)) for the year
is less than 100 percent; and
`(ii) the Medicare physician expenditure proportion specified in subparagraph (C) for the year.
`(C) MEDICARE PHYSICIAN EXPENDITURE PROPORTION- The
Medicare physician 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 physicians' services.
`(D) 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 such eligible professionals of
the organization that are not meaningful EHR users for such year.
`(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.
`(8) LIMITATION ON REVIEW- There shall be no
administrative or judicial review under section 1869, section 1878, or
otherwise, of--
`(A) the methodology and standards for determining
payment amounts and payment adjustments under this subsection,
including avoiding duplication of payments under paragraph (3)(B) and
the specification of rules for the fixed schedule for application of
limitation on incentive payments for all eligible professionals under
paragraph (3)(C);
`(B) the methodology and standards for determining eligible professionals under paragraph (2); and
`(C) the methodology and standards for determining
a meaningful EHR user under section 1848(o)(2), including specification
of the means of demonstrating meaningful EHR use under section
1848(o)(3)(C) and selection of measures under section 1848(o)(3)(B).'.
(d) Study and Report Relating to MA Organizations-
(1) STUDY- The Secretary of Health and Human Services
shall conduct a study on the extent to which and manner in which
payment incentives and adjustments (such as under sections 1848(o) and
1848(a)(7) of the Social Security Act) could be made available to
professionals, as defined in 1861(r), who are not eligible for HIT
incentive payments under section 1848(o) and receive payments for
Medicare patient services nearly-exclusively through contractual
arrangements with one or more Medicare Advantage organizations, or an
intermediary organization or organizations with contracts with Medicare
Advantage organizations. Such study shall assess approaches for
measuring meaningful use of qualified EHR technology among such
professionals and mechanisms for delivering incentives and adjustments
to those professionals, including through incentive payments and
adjustments through Medicare Advantage organizations or intermediary
organizations.
(2) REPORT- Not later than 120 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit to Congress a report on the findings and the conclusions
of the study conducted under paragraph (1), together with
recommendations for such legislation and administrative action as the
Secretary determines appropriate.
(e) 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)';
(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'.
(f) 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 EHR 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.'.
SEC. 4102. INCENTIVES FOR HOSPITALS.
(1) IN GENERAL- 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 EHR 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.
`(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 eligible 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 eligible 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,
estimated based upon total discharges for the eligible hospital
(regardless of any source of payment) for the period, for each
discharge up to the 23,000th discharge as follows:
`(i) For the first through 1,149th discharge, $0.
`(ii) For the 1,150th through the 23,000th discharge, $200.
`(iii) For any discharge greater than the 23,000th, $0.
`(D) MEDICARE SHARE- The Medicare share specified
under this subparagraph for an eligible 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 eligible hospital) of--
`(I) the estimated 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 estimated 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 estimated total number of inpatient-bed-days with respect to the eligible hospital during such period; and
`(II) the estimated total amount of the
eligible 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
estimated 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.
`(3) MEANINGFUL EHR USER-
`(A) IN GENERAL- For purposes of paragraph (1), an
eligible hospital shall be treated as a meaningful EHR user for an EHR
reporting period for a payment year (or, for purposes of subsection
(b)(3)(B)(ix), for an EHR 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- An eligible hospital may
satisfy the demonstration requirement of clauses (i) and (ii) of
subparagraph (A) through means specified by the Secretary, which may
include--
`(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).
`(A) LIMITATIONS ON REVIEW- There shall be no
administrative or judicial review under section 1869, section 1878, or
otherwise, of--
`(i) the methodology and standards for
determining payment amounts under this subsection and payment
adjustments under subsection (b)(3)(B)(ix), including selection of
periods under paragraph (2) for determining, and making estimates or
using proxies of, discharges under paragraph (2)(C) and
inpatient-bed-days, hospital charges, charity charges, and Medicare
share under paragraph (2)(D);
`(ii) the methodology and standards for
determining a meaningful EHR user under paragraph (3), including
selection of measures under paragraph (3)(B), specification of the
means of demonstrating meaningful EHR use under paragraph (3)(C), and
the hardship exception under subsection (b)(3)(B)(ix)(II); and
`(iii) the specification of EHR reporting
periods under paragraph (6)(B) and the selection of the form of payment
under paragraph (2)(F).
`(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 a list of the names of
critical access hospitals to which paragraph (3) or (4) of section
1814(l) applies), and other relevant data as determined appropriate by
the Secretary. The Secretary shall ensure that an eligible hospital (or
critical access hospital) has the opportunity to review the other
relevant data that are to be made public with respect to the hospital
(or critical access 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) EHR REPORTING PERIOD- The term `EHR reporting
period' means, with respect to a payment year, any period (or periods)
as specified by the Secretary.
`(B) ELIGIBLE HOSPITAL- The term `eligible hospital' means a subsection (d) hospital.'.
(2) CRITICAL ACCESS HOSPITALS- Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended--
(A) in paragraph (1), by striking `paragraph (2)' and inserting `the subsequent paragraphs of this subsection'; and
(B) by adding at the end the following new paragraph:
`(3)(A) The following rules shall apply in determining
payment and reasonable costs under paragraph (1) for costs described in
subparagraph (C) for a critical access hospital that would be a
meaningful EHR user (as would be determined under paragraph (3) of
section 1886(n)) for an EHR reporting period for a cost reporting
period beginning during a payment year if such critical access hospital
was treated as an eligible hospital under such section:
`(i) The Secretary shall compute reasonable costs by
expensing such costs in a single payment year and not depreciating such
costs over a period of years (and shall include as costs with respect
to cost reporting periods beginning during a payment year costs from
previous cost reporting periods to the extent they have not been fully
depreciated as of the period involved).
`(ii) There shall be substituted for the Medicare share
that would otherwise be applied under paragraph (1) a percent (not to
exceed 100 percent) equal to the sum of--
`(I) the Medicare share (as would be specified
under paragraph (2)(D) of section 1886(n)) for such critical access
hospital if such critical access hospital was treated as an eligible
hospital under such section; and
`(II) 20 percentage points.
`(B) The payment under this paragraph with respect to a
critical access hospital shall be paid through a prompt interim payment
(subject to reconciliation) after submission and review of such
information (as specified by the Secretary) necessary to make such
payment, including information necessary to apply this paragraph. In no
case may payment under this paragraph be made with respect to a cost
reporting period beginning during a payment year after 2015 and in no
case may a critical access hospital receive payment under this
paragraph with respect to more than 4 consecutive payment years.
`(C) The costs described in this subparagraph are costs for
the purchase of certified EHR technology to which purchase depreciation
(excluding interest) would apply if payment was made under paragraph
(1) and not under this paragraph.
`(D) For purposes of this paragraph, paragraph (4), and
paragraph (5), the terms `certified EHR technology', `eligible
hospital', `EHR reporting period', and `payment year' have the meanings
given such terms in sections 1886(n).'.
(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 2015, 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 an EHR 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 `EHR reporting
period' means, with respect to a fiscal year, any period (or periods)
as specified by the Secretary.'.
(2) CRITICAL ACCESS HOSPITALS- Section 1814(l) of the
Social Security Act (42 U.S.C. 1395f(l)), as amended by subsection
(a)(2), is further amended by adding at the end the following new
paragraphs:
`(4)(A) Subject to subparagraph (C), for cost reporting
periods beginning in fiscal year 2015 or a subsequent fiscal year, in
the case of a critical access hospital that is not a meaningful EHR
user (as would be determined under paragraph (3) of section 1886(n) if
such critical access hospital was treated as an eligible hospital under
such section) for an EHR reporting period with respect to such fiscal
year, paragraph (1) shall be applied by substituting the applicable
percent under subparagraph (B) for the percent described in such
paragraph (1).
`(B) 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) The provisions of subclause (II) of section
1886(b)(3)(B)(ix) shall apply with respect to subparagraph (A) for a
critical access hospital with respect to a cost reporting period
beginning in a fiscal year in the same manner as such subclause applies
with respect to subclause (I) of such section for a subsection (d)
hospital with respect to such fiscal year.
`(5) There shall be no administrative or judicial review under section 1869, section 1878, or otherwise, of--
`(A) the methodology and standards for determining the
amount of payment and reasonable cost under paragraph (3) and payment
adjustments under paragraph (4), including selection of periods under
section 1886(n)(2) for determining, and making estimates or using
proxies of, inpatient-bed-days, hospital charges, charity charges, and
Medicare share under subparagraph (D) of section 1886(n)(2);
`(B) the methodology and standards for determining a
meaningful EHR user under section 1886(n)(3) as would apply if the
hospital was treated as an eligible hospital under section 1886(n), and
the hardship exception under paragraph (4)(C);
`(C) the specification of EHR reporting periods under section 1886(n)(6)(B) as applied under paragraphs (3) and (4); and
`(D) the identification of costs for purposes of paragraph (3)(C).'.
(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 4101(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
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 estimated 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.
`(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.
`(6) LIMITATIONS ON REVIEW- There shall be no
administrative or judicial review under section 1869, section 1878, or
otherwise, of--
`(A) the methodology and standards for determining
payment amounts and payment adjustments under this subsection,
including avoiding duplication of payments under paragraph (3)(B);
`(B) the methodology and standards for determining eligible hospitals under paragraph (2); and
`(C) the methodology and standards for determining
a meaningful EHR user under section 1886(n)(3), including specification
of the means of demonstrating meaningful EHR use under subparagraph (C)
of such section and selection of measures under subparagraph (B) of
such section.'.
(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 4101(d), is amended--
(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. 4103. TREATMENT OF PAYMENTS AND SAVINGS; 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) Medicare Improvement Fund- Section 1898 of the Social
Security Act (42 U.S.C. 1395iii), as added by section 7002(a) of the
Supplemental Appropriations Act, 2008 (Public Law 110-252) and as
amended by section 188(a)(2) of the Medicare Improvements for Patients
and Providers Act of 2008 (Public Law 110-275; 122 Stat. 2589) and by
section 6 of the QI Program Supplemental Funding Act of 2008, is
amended--
(A) by inserting `medicare' before `fee-for-service'; and
(B) by inserting before the period at the end the
following: `including, but not limited to, an increase in the
conversion factor under section 1848(d) to address, in whole or in
part, any projected shortfall in the conversion factor for 2014
relative to the conversion factor for 2008 and adjustments to payments
for items and services furnished by providers of services and suppliers
under such original medicare fee-for-service program'; and
(A) in paragraph (1), by striking `during fiscal year 2014,' and all that follows and inserting the following: `during--
`(A) fiscal year 2014, $22,290,000,000; and
`(B) fiscal year 2020 and each subsequent fiscal
year, the Secretary's estimate, as of July 1 of the fiscal year, of the
aggregate reduction in expenditures under this title during the
preceding fiscal year directly resulting from the reduction in payment
amounts under sections 1848(a)(7), 1853(l)(4), 1853(m)(4), and
1886(b)(3)(B)(ix).'; and
(B) by adding at the end the following new paragraph:
`(4) NO EFFECT ON PAYMENTS IN SUBSEQUENT YEARS- In the
case that expenditures from the Fund are applied to, or otherwise
affect, a payment rate for an item or service under this title for a
year, the payment rate for such item or service shall be computed for a
subsequent year as if such application or effect had never occurred.'.
(c) 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 fiscal year 2016, which shall be available for purposes
of carrying out the provisions of (and amendments made by) this
subtitle. Amounts appropriated under this subsection for a fiscal year
shall be available until expended.
SEC. 4104. STUDIES AND REPORTS ON HEALTH INFORMATION TECHNOLOGY.
(a) Study and Report on Application of EHR Payment Incentives for Providers Not Receiving Other Incentive Payments-
(A) 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 4101(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 XIII of
division A, under title XVIII or XIX of such Act, or otherwise, for
such purposes.
(B) DETAILS OF STUDY- Such study shall include an examination of--
(i) the adoption rates of certified EHR technology by such health care providers;
(ii) the clinical utility of such technology by such health care providers;
(iii) whether the services furnished by such
health care providers are appropriate for or would benefit from the use
of such technology;
(iv) the extent to which such health care
providers work in settings that might otherwise receive an incentive
payment or other funding under this Act, under title XIII of division
A, under title XVIII or XIX of the Social Security Act, or otherwise;
(v) the potential costs and the potential
benefits of making payment incentives and other funding available to
such health care providers; and
(vi) any other issues the Secretary deems to be appropriate.
(2) 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 paragraph (1).
(b) Study and Report on Availability of Open Source Health Information Technology Systems-
(A) IN GENERAL- 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--
(i) the current availability of open source
health information technology systems to Federal safety net providers
(including small, rural providers);
(ii) the total cost of ownership of such systems in comparison to the cost of proprietary commercial products available;
(iii) the ability of such systems to respond to
the needs of, and be applied to, various populations (including
children and disabled individuals); and
(iv) the capacity of such systems to facilitate interoperability.
(B) CONSIDERATIONS- In conducting the study under
subparagraph (A), 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.
(2) 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
paragraph (1), together with recommendations for such legislation and
administrative action as the Secretary determines appropriate.
Subtitle B--Medicaid Incentives
SEC. 4201. MEDICAID PROVIDER HIT 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 to Medicaid
providers described in subsection (t)(1) to encourage the adoption and
use of certified EHR technology; 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) For purposes of subsection (a)(3)(F), the payments
described in this paragraph to encourage the adoption and use of
certified EHR technology are payments made by the State in accordance
with this subsection --
`(A) to Medicaid providers described in paragraph
(2)(A) not in excess of 85 percent of net average allowable costs (as
defined in paragraph (3)(E)) 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) with
respect to such providers; and
`(B) to Medicaid providers described in paragraph
(2)(B) not in excess of the maximum amount permitted under paragraph
(5) for the provider involved.
`(2) In this subsection and subsection (a)(3)(F), the term `Medicaid provider' means--
`(A) an eligible professional (as defined in paragraph (3)(B))--
`(i) who is not hospital-based and has at least 30
percent of the professional's patient volume (as estimated in
accordance with a methodology established by the Secretary)
attributable to individuals who are receiving medical assistance under
this title;
`(ii) who is not described in clause (i), who is a
pediatrician, who is not hospital-based, and who has at least 20
percent of the professional's patient volume (as estimated in
accordance with a methodology established by the Secretary)
attributable to individuals who are receiving medical assistance under
this title; and
`(iii) who practices predominantly in a Federally
qualified health center or rural health clinic and has at least 30
percent of the professional's patient volume (as estimated in
accordance with a methodology established by the Secretary)
attributable to needy individuals (as defined in paragraph (3)(F)); and
`(B)(i) a children's hospital, or
`(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 a methodology 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 any right to payment under
sections 1848(o) and 1853(l) with respect to the eligible professional
has been waived in a manner specified by the Secretary. For purposes of
calculating patient volume under subparagraph (A)(iii), insofar as it
is related to uncompensated care, the Secretary may require the
adjustment of such uncompensated care data so that it would be an
appropriate proxy for charity care, including a downward adjustment to
eliminate bad debt data from uncompensated care. In applying
subparagraphs (A) and (B)(ii), the methodology 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--
`(iii) certified nurse mid-wife;
`(iv) nurse practitioner; and
`(v) physician assistant insofar as the assistant
is practicing in a rural health clinic that is led by a physician
assistant or is practicing in a Federally qualified health center that
is so led.
`(C) The term `average allowable costs' means, with
respect to certified EHR technology of Medicaid providers described in
paragraph (2)(A) for--
`(i) the first year of payment with respect to such
a provider, the average costs for the purchase and initial
implementation or upgrade of such technology (and support services
including training that is for, or is necessary for the adoption and
initial operation of, such technology) for such providers, as
determined by the Secretary based upon studies conducted under
paragraph (4)(C); and
`(ii) a subsequent year of payment with respect to
such a provider, the average costs not described in clause (i) relating
to the operation, maintenance, and use of such technology for such
providers, as determined by the Secretary based upon studies conducted
under paragraph (4)(C).
`(D) 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. The determination of whether an eligible professional is a
hospital-based eligible professional shall be made on the basis of the
site of service (as defined by the Secretary) and without regard to any
employment or billing arrangement between the eligible professional and
any other provider.
`(E) The term `net average allowable costs' means, with
respect to a Medicaid provider described in paragraph (2)(A), average
allowable costs reduced by any payment that is made to such Medicaid
provider from any other source (other than under this subsection or by
a State or local government) that is directly attributable to payment
for certified EHR technology or support services described in
subparagraph (C).
`(F) The term `needy individual' means, with respect to a Medicaid provider, an individual--
`(i) who is receiving assistance under this title;
`(ii) who is receiving assistance under title XXI;
`(iii) who is furnished uncompensated care by the provider; or
`(iv) for whom charges are reduced by the provider on a sliding scale basis based on an individual's ability to pay.
`(4)(A) With respect to a Medicaid provider described in paragraph (2)(A), subject to subparagraph (B), in no case shall--
`(i) the net average allowable costs under this
subsection for the first year of payment (which may not be later than
2016), which is intended to cover the costs described in paragraph
(3)(C)(i), exceed $25,000 (or such lesser amount as the Secretary
determines based on studies conducted under subparagraph (C));
`(ii) the net average allowable costs under this
subsection for a subsequent year of payment, which is intended to cover
costs described in paragraph (3)(C)(ii), exceed $10,000; and
`(iii) payments be made for costs described in clause (ii) after 2021 or over a period of longer than 5 years.
`(B) In the case of Medicaid provider described in
paragraph (2)(A)(ii), the dollar amounts specified in subparagraph (A)
shall be 2/3 of the dollar amounts otherwise specified.
`(C) For the purposes of determining average allowable
costs under this subsection, the Secretary shall study the average
costs to Medicaid providers described in paragraph (2)(A) of purchase
and initial implementation and upgrade of certified EHR technology
described in paragraph (3)(C)(i) and the average costs to such
providers of operations, maintenance, and use of such technology
described in paragraph (3)(C)(ii). In determining such costs for such
providers, the Secretary may utilize studies of such amounts submitted
by States.
`(5)(A) In no case shall the payments described in
paragraph (1)(B) with respect to a Medicaid provider described in
paragraph (2)(B) exceed--
`(i) in the aggregate the product of--
`(I) the overall hospital EHR amount for the provider computed under subparagraph (B); and
`(II) the Medicaid share for such provider computed under subparagraph (C);
`(ii) in any year 50 percent of the product described in clause (i); and
`(iii) in any 2-year period 90 percent of such product.
`(B) For purposes of this paragraph, the overall hospital
EHR amount, with respect to a Medicaid provider, is the sum of the
applicable amounts specified in section 1886(n)(2)(A) for such provider
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 establish, in consultation with the
State, the overall hospital EHR amount for each such Medicaid provider
eligible for payments under paragraph (1)(B). For purposes of this
subparagraph in computing the amounts under section 1886(n)(2)(C) 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 3 years for which discharge
data are available per year.
`(C) The Medicaid share computed under this subparagraph,
for a Medicaid provider 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).
`(D) In no case may the payments described in paragraph
(1)(B) with respect to a Medicaid provider described in paragraph
(2)(B) be paid--
`(i) for any year beginning after 2016 unless the
provider has been provided payment under paragraph (1)(B) for the
previous year; and
`(ii) over a period of more than 6 years of payment.
`(6) Payments described in paragraph (1) are not in accordance with this subsection unless the following requirements are met:
`(A)(i) The State provides assurances satisfactory to
the Secretary that amounts received under subsection (a)(3)(F) with
respect to payments to a Medicaid provider are paid, subject to clause
(ii), directly to such provider (or to an employer or facility to which
such provider has assigned payments) without any deduction or rebate.
`(ii) Amounts described in clause (i) may also be paid
to an entity promoting the adoption of certified EHR technology, as
designated by the State, if participation in such a payment arrangement
is voluntary for the eligible professional involved and if such entity
does not retain more than 5 percent of such payments for costs not
related to certified EHR technology (and support services including
maintenance and training) that is for, or is necessary for the
operation of, such technology.
`(B) A Medicaid provider described in paragraph (2)(A)
is responsible for payment of the remaining 15 percent of the net
average allowable cost.
`(C)(i) Subject to clause (ii), with respect to payments to a Medicaid provider--
`(I) for the first year of payment to the Medicaid
provider under this subsection, the Medicaid provider demonstrates that
it is engaged in efforts to adopt, implement, or upgrade certified EHR
technology; and
`(II) for a year of payment, other than the first
year of payment to the Medicaid provider under this subsection, 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).
`(ii) In the case of a Medicaid provider who has
completed adopting, implementing, or upgrading such technology prior to
the first year of payment to the Medicaid provider under this
subsection, clause (i)(I) shall not apply and clause (i)(II) shall
apply to each year of payment to the Medicaid provider under this
subsection, including the first year of payment.
`(D) To the extent specified by the Secretary, the
certified EHR technology is compatible with State or Federal
administrative management systems.
For purposes of subparagraph (B), a Medicaid provider
described in paragraph (2)(A) may accept payments for the costs
described in such subparagraph from a State or local government. For
purposes of subparagraph (C), in establishing the means described in
such subparagraph, which may include clinical quality reporting to the
State, the State shall ensure that populations with unique needs, such
as children, are appropriately addressed.
`(7) With respect to Medicaid providers described in
paragraph (2)(A), the Secretary shall ensure coordination of payment
with respect to such providers under sections 1848(o) and 1853(l) and
under this subsection to assure no duplication of funding. Such
coordination shall include, to the extent practicable, a data matching
process between State Medicaid agencies and the Centers for Medicare
& Medicaid Services using national provider identifiers. For such
purposes, the Secretary may require the submission of such data
relating to payments to such Medicaid providers as the Secretary may
specify.
`(8) In carrying out paragraph (6)(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 described in paragraph (1), including steps taken
to carry out paragraph (7). Such reports shall also describe the extent
of adoption of certified EHR technology among Medicaid providers
resulting from the provisions of this subsection and any improvements
in health outcomes, clinical quality, or efficiency resulting from such
adoption.'.
(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 Centers for Medicare & Medicaid Services Program Management
Account, $40,000,000 for each of fiscal years 2009 through 2015 and
$20,000,000 for fiscal year 2016, which shall be available for purposes
of carrying out the provisions of (and the amendments made by) this
section. Amounts appropriated under this subsection for a fiscal year
shall be available until expended.
Subtitle C--Miscellaneous Medicare Provisions
SEC. 4301. MORATORIA ON CERTAIN MEDICARE REGULATIONS.
(a) Delay in Phase Out of Medicare Hospice Budget
Neutrality Adjustment Factor During Fiscal Year 2009- Notwithstanding
any other provision of law, including the final rule published on
August 8, 2008, 73 Federal Register 46464 et seq., relating to Medicare
Program; Hospice Wage Index for Fiscal Year 2009, the Secretary of
Health and Human Services shall not phase out or eliminate the budget
neutrality adjustment factor in the Medicare hospice wage index before
October 1, 2009, and the Secretary shall recompute and apply the final
Medicare hospice wage index for fiscal year 2009 as if there had been
no reduction in the budget neutrality adjustment factor.
(b) Non-Application of Phased-Out Indirect Medical Education (IME) Adjustment Factor for Fiscal Year 2009-
(1) 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.
(2) NO EFFECT ON SUBSEQUENT YEARS- Nothing in paragraph
(1) shall be construed as having any effect on the application of
paragraph (d) of section 412.322 of title 42, Code of Federal
Regulations.
(c) Funding for Implementation- In addition to funds
otherwise available, for purposes of implementing the provisions of
subsections (a) and (b), including costs incurred in reprocessing
claims in carrying out such provisions, the Secretary of Health and
Human Services shall provide for the transfer from the Federal Hospital
Insurance Trust Fund established under section 1817 of the Social
Security Act (42 U.S.C. 1395i) to the Centers for Medicare &
Medicaid Services Program Management Account of $2,000,000 for fiscal
year 2009.
SEC. 4302. LONG-TERM CARE HOSPITAL TECHNICAL CORRECTIONS.
(a) Payment- Subsection (c) of section 114 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173) is
amended--
(A) by amending the heading to read as follows: `DELAY IN APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAYMENT ADJUSTMENT';
(B) by striking `the date of the enactment of this Act' and inserting `July 1, 2007,'; and
(C) in subparagraph (A), by inserting `or to a
long-term care hospital, or satellite facility, that as of December 29,
2007, was co-located with an entity that is a provider-based,
off-campus location of a subsection (d) hospital which did not provide
services payable under section 1886(d) of the Social Security Act at
the off-campus location' after `freestanding long-term care hospitals';
and
(A) in subparagraph (B)(ii), by inserting `or that
is described in section 412.22(h)(3)(i) of such title' before the
period; and
(B) in subparagraph (C), by striking `the date of
the enactment of this Act' and inserting `October 1, 2007 (or July 1,
2007, in the case of a satellite facility described in section
412.22(h)(3)(i) of title 42, Code of Federal Regulations)'.
(b) Moratorium- Subsection (d)(3)(A) of such section is
amended by striking `if the hospital or facility' and inserting `if the
hospital or facility obtained a certificate of need for an increase in
beds that is in a State for which such certificate of need is required
and that was issued on or after April 1, 2005, and before December 29,
2007, or if the hospital or facility'.
(c) Effective Date- The amendments made by this section
shall be effective and apply as if included in the enactment of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law
110-173).
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. Temporary increase in DSH allotments during recession.
Sec. 5003. Extension of moratoria on certain Medicaid final regulations.
Sec. 5004. Extension of transitional medical assistance (TMA).
Sec. 5005. Extension of the qualifying individual (QI) program.
Sec. 5006. Protections for Indians under Medicaid and CHIP.
Sec. 5007. Funding for oversight and implementation.
Sec. 5008. 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 6.2 Percentage Point Increase-
(1) IN GENERAL- Subject to subsections (e), (f), and
(g) and paragraph (2), for each State for calendar quarters during the
recession adjustment period (as defined in subsection (h)(3)), 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 (42 U.S.C. 1396d(b))) by 6.2 percentage points.
(2) SPECIAL ELECTION FOR TERRITORIES- In the case of a
State that is not one of the 50 States or the District of Columbia,
paragraph (1) shall only apply if the State makes a one-time election,
in a form and manner specified by the Secretary and for the entire
recession adjustment period, to apply the increase in FMAP under
paragraph (1) and a 15 percent increase under subsection (d) instead of
applying a 30 percent increase under subsection (d).
(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--
(A) 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 subsection (a) and after the application of
1/2 of the increase under subsection (b); and
(B) the applicable percent determined in paragraph
(3) for the calendar quarter (or, if greater, for a previous such
calendar quarter).
(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) The State unemployment increase percentage
(as defined in paragraph (4)) for the quarter is at least 1.5
percentage points but less than 2.5 percentage points.
(ii) The State unemployment increase percentage
for the quarter is at least 2.5 percentage points but less than 3.5
percentage points.
(iii) The State unemployment increase percentage for the quarter is at least 3.5 percentage points.
(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.
(A) IN GENERAL- For purposes of paragraph (1), subject to subparagraph (B), the applicable percent is--
(i) 5.5 percent, if the State satisfies the criteria described in paragraph (2)(A)(i) for the calendar quarter;
(ii) 8.5 percent if the State satisfies the criteria described in paragraph (2)(A)(ii) for the calendar quarter; and
(iii) 11.5 percent if the State satisfies the criteria described in paragraph (2)(A)(iii) for the calendar quarter.
(B) MAINTENANCE OF HIGHER APPLICABLE PERCENT-
(i) HOLD HARMLESS PERIOD- If the percent
applied to a State under subparagraph (A) 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
subparagraph) is less than the percent applied for the preceding
quarter (as so determined), the higher applicable percent shall
continue in effect for each subsequent calendar quarter ending before
July 1, 2010.
(ii) NOTICE OF LOWER APPLICABLE PERCENT- The
Secretary shall notify a State at least 60 days prior to applying any
lower applicable percent to the State under this paragraph.
(4) COMPUTATION OF STATE UNEMPLOYMENT INCREASE PERCENTAGE-
(A) IN GENERAL- In this subsection, the `State
unemployment increase percentage' for a State for a calendar quarter is
equal to the number of percentage points (if any) by which--
(i) the average monthly unemployment rate for
the State for months in the most recent previous 3-consecutive-month
period for which data are available, subject to subparagraph (C);
exceeds
(ii) the lowest average monthly unemployment
rate for the State for any 3-consecutive-month period preceding the
period described in clause (i) and beginning on or after January 1,
2006.
(B) AVERAGE MONTHLY UNEMPLOYMENT RATE DEFINED- In
this paragraph, the term `average monthly unemployment rate' means the
average of the monthly number unemployed, divided by the average of the
monthly civilian labor force, seasonally adjusted, as determined based
on the most recent monthly publications of the Bureau of Labor
Statistics of the Department of Labor.
(C) SPECIAL RULE- With respect to--
(i) the first 2 calendar quarters of the
recession adjustment period, the most recent previous
3-consecutive-month period described in subparagraph (A)(i) shall be
the 3-consecutive-month period beginning with October 2008; and
(ii) the last 2 calendar quarters of the
recession adjustment period, the most recent previous
3-consecutive-month period described in such subparagraph shall be the
3-consecutive-month period beginning with December 2009, or, if it
results in a higher applicable percent under paragraph (3), the
3-consecutive-month period beginning with January 2010.
(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 30 percent (or, in the case
of an election under subsection (b)(2), 15 percent). In the case of
such an election by a territory, subsection (a)(1) of such section
shall be applied without regard to any increase in payment made to the
territory under part E of title IV of such Act that is attributable to
the increase in FMAP effected under subsection (b) for the territory.
(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.) and, for purposes of the application of this section to the
District of Columbia, payments under such part shall be deemed to be
made on the basis of the FMAP applied with respect to such District for
purposes of title XIX and as increased under subsection (b));
(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, (including as such standards were proposed to be in effect
under a State law enacted but not effective as of such date or a State
plan amendment or waiver request under title XIX of such Act that was
pending approval on such date).
(f) State Ineligibility; Limitation; Special Rules-
(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 in effect on July 1, 2008, and
would have been in effect as of such date, but for a delay in the
effective date of a waiver under section 1115 of such Act with respect
to such restriction.
(2) COMPLIANCE WITH PROMPT PAY REQUIREMENTS-
(A) APPLICATION TO PRACTITIONERS-
(i) IN GENERAL- Subject to the succeeding
provisions of this subparagraph, no State shall be eligible for an
increased FMAP rate as provided under this section for any claim
received by a State from a practitioner subject to the terms of section
1902(a)(37)(A) of the Social Security Act (42 U.S.C. 1396a(a)(37)(A))
for such days during any period in which that State has failed to pay
claims in accordance with such section as applied under title XIX of
such Act.
(ii) REPORTING REQUIREMENT- Each State shall
report to the Secretary, on a quarterly basis, its compliance with the
requirements of clause (i) as such requirements pertain to claims made
for covered services during each month of the preceding quarter.
(iii) WAIVER AUTHORITY- The Secretary may waive
the application of clause (i) to a State, or the reporting requirement
imposed under clause (ii), during any period in which there are exigent
circumstances, including natural disasters, that prevent the timely
processing of claims or the submission of such a report.
(iv) APPLICATION TO CLAIMS- Clauses (i) and
(ii) shall only apply to claims made for covered services after the
date of enactment of this Act.
(B) APPLICATION TO NURSING FACILITIES AND HOSPITALS-
(i) IN GENERAL- Subject to clause (ii), the
provisions of subparagraph (A) shall apply with respect to a nursing
facility or hospital, insofar as it is paid under title XIX of the
Social Security Act on the basis of submission of claims, in the same
or similar manner (but within the same timeframe) as such provisions
apply to practitioners described in such subparagraph.
(ii) GRACE PERIOD- Notwithstanding clause (i),
no period of ineligibility shall be imposed against a State prior to
June 1, 2009, on the basis of the State failing to pay a claim in
accordance with such clause.
(3) State'S APPLICATION TOWARD RAINY DAY FUND- A 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 any
amounts attributable (directly or indirectly) to such increase are
deposited or credited into any reserve or rainy day fund of the State.
(4) NO WAIVER AUTHORITY- Except as provided in
paragraph (2)(A)(iii), the Secretary may not waive the application of
this subsection or subsection (g) under section 1115 of the Social
Security Act or otherwise.
(5) LIMITATION OF FMAP TO 100 PERCENT- In no case shall
an increase in FMAP under this section result in an FMAP that exceeds
100 percent.
(6) TREATMENT OF CERTAIN EXPENDITURES- With respect to
expenditures described in section 2105(a)(1)(B) of the Social Security
Act (42 U.S.C. 1397ee(a)(1)(B)), as in effect before April 1, 2009,
that are made during the period beginning on October 1, 2008, and
ending on March 31, 2009, any additional Federal funds that are paid to
a State as a result of this section that are attributable to such
expenditures shall not be counted against any allotment under section
2104 of such Act (42 U.S.C. 1397dd).
(1) 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.
(2) 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 in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) 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.
(j) Limitation on FMAP Change- The increase in FMAP
effected under section 614 of the Children's Health Insurance Program
Reauthorization Act of 2009 shall not apply in the computation of the
enhanced FMAP under title XXI or XIX of the Social Security Act for any
period (notwithstanding subsection (i)).
SEC. 5002. TEMPORARY INCREASE IN DSH ALLOTMENTS DURING RECESSION.
Section 1923(f)(3) of the Social Security Act (42 U.S.C. 1396r-4(f)(3)) is amended--
(1) in subparagraph (A), by striking `paragraph (6)' and inserting `paragraph (6) and subparagraph (E)'; and
(2) by adding at the end the following new subparagraph:
`(E) TEMPORARY INCREASE IN ALLOTMENTS DURING RECESSION-
`(i) IN GENERAL- Subject to clause (ii), the DSH allotment for any State--
`(I) for fiscal year 2009 is equal to 102.5
percent of the DSH allotment that would be determined under this
paragraph for the State for fiscal year 2009 without application of
this subparagraph, notwithstanding subparagraphs (B) and (C);
`(II) for fiscal year 2010 is equal to
102.5 percent of the DSH allotment for the State for fiscal year 2009,
as determined under subclause (I); and
`(III) for each succeeding fiscal year is
equal to the DSH allotment for the State under this paragraph
determined without applying subclauses (I) and (II).
`(ii) APPLICATION- Clause (i) shall not apply
to a State for a year in the case that the DSH allotment for such State
for such year under this paragraph determined without applying clause
(i) would grow higher than the DSH allotment specified under clause (i)
for the State for such year.'.
SEC. 5003. EXTENSION OF MORATORIA ON CERTAIN MEDICAID FINAL REGULATIONS.
(a) Final Regulations Relating to Optional Case Management
Services and Allowable Provider Taxes- Section 7001(a)(3)(A) of the
Supplemental Appropriations Act, 2008 (Public Law 110-252) is amended
by striking `April 1, 2009' and inserting `July 1, 2009'.
(b) Final Regulation Relating to School-Based
Administration and School-Based Transportation- Section 206 of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law
110-173), as amended by section 7001(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252), is amended by inserting
`(July 1, 2009, in the case of the final regulation relating to
school-based administration and school-based transportation)' after
`April 1, 2009,'.
(c) Final Regulation Relating to Outpatient Hospital
Facility Services- Notwithstanding any other provision of law, with
respect to expenditures for services furnished during the period
beginning on December 8, 2008, and ending on June 30, 2009, the
Secretary of Health and Human Services shall not take any action
(through promulgation of regulation, issuance of regulatory guidance,
use of Federal payment audit procedures, or other administrative
action, policy, or practice, including a Medical Assistance Manual
transmittal or letter to State Medicaid directors) to implement the
final regulation relating to clarification of the definition of
outpatient hospital facility services under the Medicaid program
published on November 7, 2008 (73 Federal Register 66187).
(d) Sense of Congress- It is the sense of Congress that the
Secretary of Health and Human Services should not promulgate as final
regulations any of the following proposed Medicaid regulations:
(1) COST LIMITS FOR CERTAIN PROVIDERS- The proposed
regulation published on January 18, 2007, (72 Federal Register 2236)
(and the purported final regulation published on May 29, 2007 (72
Federal Register 29748) and determined by the United States District
Court for the District of Columbia to have been `improperly
promulgated', Alameda County Medical Center, et al., v. Leavitt, et al., Civil Action No. 08-0422, Mem. at 4 (D.D.C. May 23, 2008)).
(2) PAYMENTS FOR GRADUATE MEDICAL EDUCATION- The proposed regulation published on May 23, 2007 (72 Federal Register 28930).
(3) REHABILITATIVE SERVICES- The proposed regulation published on August 13, 2007 (72 Federal Register 45201).
SEC. 5004. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).
(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.
SEC. 5005. 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--
(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)'.
SEC. 5006. PROTECTIONS FOR INDIANS UNDER MEDICAID AND CHIP.
(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:
`(vii) 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:
`(x) 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), as amended by sections 203(c) and 211(a)(1)(A)(ii)
of the Children's Health Insurance Program Reauthorization Act of 2009
(Public Law 111-3), is amended by adding at the end the following new
subsection:
`(ff) 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)), as amended by sections 203(a)(2), 203(d)(2),
214(b), 501(d)(2), and 503(a)(1) of the Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3), is amended--
(A) by redesignating subparagraphs (C) through (I), as subparagraphs (D) through (J), respectively; and
(B) by inserting after subparagraph (B), the following new subparagraph:
`(C) Section 1902(ff) (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.'.
(d) 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-
(1) 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.
The Secretary shall establish procedures for
applying the requirements of clause (i) in States where there are no or
few Indian health providers.
`(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 in the same manner as Indian Health Programs may restrict the
delivery of services to Indians.
`(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.'.
(2) APPLICATION TO CHIP- Section 2107(e)(1) of such Act (42 U.S.C. 1397gg(1)), as amended by subsection (b)(2), is amended--
(A) by redesignating subparagraph (J) as subparagraph (K); and
(B) by inserting after subparagraph (I) the following new subparagraph:
`(J) Subsections (a)(2)(C) and (h) of section 1932.'.
(e) Consultation on Medicaid, Chip, and Other Health Care
Programs Funded Under the Social Security Act Involving Indian Health
Programs and Urban Indian Organizations-
(1) 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.
(2) SOLICITATION OF ADVICE UNDER MEDICAID AND CHIP-
(A) MEDICAID STATE PLAN AMENDMENT- Section 1902(a)
of the Social Security Act (42 U.S.C. 1396a(a)), as amended by section
501(d)(1) of the Children's Health Insurance Program Reauthorization
Act of 2009 (Public Law 111-3), (42 U.S.C. 1396a(a)) is amended--
(i) in paragraph (71), by striking `and' at the end;
(ii) in paragraph (72), by striking the period at the end and inserting `; and'; and
(iii) by inserting after paragraph (72), the following new paragraph:
`(73) 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.'.
(B) APPLICATION TO CHIP- Section 2107(e)(1) of such
Act (42 U.S.C. 1397gg(1)), as amended by subsections (b)(2) and (d)
(2), is amended--
(i) by redesignating subparagraphs (B), (C),
(D), (E), (F), (G), (H), (I), (J), and (K) as subparagraphs (D), (F),
(B), (E), (G), (I), (H), (J), (K), and (L), respectively;
(ii) by moving such subparagraphs so as to appear in alphabetical order; and
(iii) by inserting after subparagraph (B) (as so redesiganted and moved) the following new subparagraph:
`(C) Section 1902(a)(73) (relating to requiring
certain States to seek advice from designees of Indian Health Programs
and Urban Indian Organizations).'.
(3) RULE OF CONSTRUCTION- Nothing in the amendments
made by this subsection 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.
(f) Effective Date- The amendments made by this section shall take effect on July 1, 2009.
SEC. 5007. FUNDING FOR OVERSIGHT AND IMPLEMENTATION.
(a) Oversight- 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 fiscal year 2009, which shall
remain available for expenditure until September 30, 2011, and shall be
in addition to any other amounts appropriated or made available to such
Office for such purposes.
(b) Implementation of Increased FMAP- For purposes of
carrying out section 5001, there is appropriated to the Secretary of
Health and Human Services, out of any money in the Treasury not
otherwise appropriated and without further appropriation, $5,000,000
for fiscal year 2009, which shall remain available for expenditure
until September 30, 2011, and shall be in addition to any other amounts
appropriated or made available to such Secretary for such purposes.
SEC. 5008. 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 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--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
SEC. 6000. TABLE OF CONTENTS.
The table of contents of this title is as follows:
TITLE VI--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
Sec. 6000. Table of contents.
Sec. 6001. Broadband Technology Opportunities Program.
SEC. 6001. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM.
(a) The Assistant Secretary of Commerce for Communications
and Information (Assistant Secretary), in consultation with the Federal
Communications Commission (Commission), shall establish a national
broadband service development and expansion program in conjunction with
the technology opportunities program, which shall be referred to as 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.
(b) The purposes of the program are to--
(1) provide access to broadband service to consumers residing in unserved areas of the United States;
(2) provide improved access to broadband service to consumers residing in underserved areas of the United States;
(3) provide broadband education, awareness, training, access, equipment, and support to--
(A) 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;
(B) 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
(C) 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;
(4) improve access to, and use of, broadband service by public safety agencies; and
(5) stimulate the demand for broadband, economic growth, and job creation.
(c) The Assistant Secretary may consult a State, the
District of Columbia, or territory or possession of the United States
with respect to--
(1) the identification of areas described in subsection (b)(1) or (2) located in that State; and
(2) the allocation of grant funds within that State for projects in or affecting the State.
(d) The Assistant Secretary shall--
(1) establish and implement the grant program as expeditiously as practicable;
(2) ensure that all awards are made before the end of fiscal year 2010;
(3) 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
(4) report on the status of the program to the
Committees on Appropriations of the House of Representatives and the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, every 90 days.
(e) To be eligible for a grant under the program, an applicant shall--
(1)(A) be a State or political subdivision thereof, the
District of Columbia, a territory or possession of the United States,
an Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450(b)) or
native Hawaiian organization;
(C) any other entity, including a broadband service
or infrastructure provider, that the Assistant Secretary finds by rule
to be in the public interest. In establishing such rule, the Assistant
Secretary shall to the extent practicable promote the purposes of this
section in a technologically neutral manner;
(2) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;
(3) 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
showing that the project would not have been implemented during the
grant period without Federal grant assistance;
(4) 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;
(5) 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
subsection (f);
(6) 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
(7) 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.
(f) 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--
(1) the applicant petitions the Assistant Secretary for a waiver; and
(2) the Assistant Secretary determines that the petition demonstrates financial need.
(g) The Assistant Secretary may make competitive grants under the program to--
(1) acquire equipment, instrumentation, networking
capability, hardware and software, digital network technology, and
infrastructure for broadband services;
(2) construct and deploy broadband service related infrastructure;
(3) ensure access to broadband service by community anchor institutions;
(4) 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;
(5) construct and deploy broadband facilities that improve public safety broadband communications services; and
(6) undertake such other projects and activities as the
Assistant Secretary finds to be consistent with the purposes for which
the program is established.
(h) The Assistant Secretary, in awarding grants under this section, shall, to the extent practical--
(1) award not less than 1 grant in each State;
(2) consider whether an application to deploy infrastructure in an area--
(A) will, if approved, increase the affordability
of, and subscribership to, service to the greatest population of users
in the area;
(B) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area;
(C) will, if approved, enhance service for health
care delivery, education, or children to the greatest population of
users in the area; and
(D) will, if approved, not result in unjust
enrichment as a result of support for non-recurring costs through
another Federal program for service in the area; and
(3) consider whether the applicant is a socially and
economically disadvantaged small business concern as defined under
section 8(a) of the Small Business Act (15 U.S.C. 637).
(i) The Assistant Secretary--
(1) 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;
(2) may establish additional reporting and information
requirements for any recipient of any assistance made available
pursuant to this section;
(3) shall establish appropriate mechanisms to ensure
appropriate use and compliance with all terms of any use of funds made
available pursuant to this section;
(4) 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
(5) shall create and maintain a fully searchable
database, accessible on the Internet at no cost to the public, that
contains at least a list of each entity that has applied for a grant
under this section, a description of each application, the status of
each such application, 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.
(j) Concurrent with the issuance of the Request for
Proposal for grant applications pursuant to this section, the Assistant
Secretary shall, in coordination with the Commission, publish the
non-discrimination and network interconnection obligations that shall
be contractual conditions of grants awarded under this section,
including, at a minimum, adherence to the principles contained in the
Commission's broadband policy statement (FCC 05-15, adopted August 5,
2005).
(k)(1) Not later than 1 year after the date of enactment of
this section, the Commission shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, a report
containing a national broadband plan.
(2) The national broadband plan required by this
section shall seek to ensure that all people of the United States have
access to broadband capability and shall establish benchmarks for
meeting that goal. The plan shall also include--
(A) an analysis of the most effective and efficient
mechanisms for ensuring broadband access by all people of the United
States;
(B) a detailed strategy for achieving affordability
of such service and maximum utilization of broadband infrastructure and
service by the public;
(C) an evaluation of the status of deployment of
broadband service, including progress of projects supported by the
grants made pursuant to this section; and
(D) a plan for use of broadband infrastructure and
services in advancing consumer welfare, civic participation, public
safety and homeland security, community development, health care
delivery, energy independence and efficiency, education, worker
training, private sector investment, entrepreneurial activity, job
creation and economic growth, and other national purposes.
(3) In developing the plan, the Commission shall have
access to data provided to other Government agencies under the
Broadband Data Improvement Act (47 U.S.C. 1301 note).
(l) The Assistant Secretary shall develop and maintain a
comprehensive nationwide inventory map of existing broadband service
capability and availability in the United States that depicts the
geographic extent to which broadband service capability is deployed and
available from a commercial provider or public provider throughout each
State. Not later than 2 years after the date of the enactment of this
Act, the Assistant Secretary shall make the broadband inventory map
developed and maintained pursuant to this section accessible by the
public on a World Wide Web site of the National Telecommunications and
Information Administration in a form that is interactive and searchable.
(m) The Assistant Secretary shall have the authority to
prescribe such rules as are necessary to carry out the purposes of this
section.
TITLE VII--LIMITS ON EXECUTIVE COMPENSATION
SEC. 7000. TABLE OF CONTENTS.
The table of contents of this title is as follows:
TITLE VII--LIMITS ON EXECUTIVE COMPENSATION
Sec. 7000. Table of contents.
Sec. 7001. Executive compensation and corporate governance.
Sec. 7002. Applicability with respect to loan modifications.
SEC. 7001. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE.
Section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221) is amended to read as follows:
`SEC. 111. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE.
`(a) Definitions- For purposes of this section, 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 RECIPIENT- The term `TARP recipient' means
any entity that has received or will receive financial assistance under
the financial assistance provided under the TARP.
`(4) COMMISSION- The term `Commission' means the Securities and Exchange Commission.
`(5) PERIOD IN WHICH OBLIGATION IS OUTSTANDING; RULE OF
CONSTRUCTION- For purposes of this section, the period in which any
obligation arising from financial assistance provided under the TARP
remains outstanding does not include any period during which the
Federal Government only holds warrants to purchase common stock of the
TARP recipient.
`(b) Executive Compensation and Corporate Governance-
`(1) ESTABLISHMENT OF STANDARDS- During the period in
which any obligation arising from financial assistance provided under
the TARP remains outstanding, each TARP recipient shall be subject to--
`(A) the standards established by the Secretary under this section; and
`(B) the provisions of section 162(m)(5) of the Internal Revenue Code of 1986, as applicable.
`(2) STANDARDS REQUIRED- The Secretary shall require
each TARP recipient to meet appropriate standards for executive
compensation and corporate governance.
`(3) SPECIFIC REQUIREMENTS- The standards established under paragraph (2) shall include the following:
`(A) 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 in which any obligation arising from financial assistance
provided under the TARP remains outstanding.
`(B) 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.
`(C) 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 in which any obligation arising from financial
assistance provided under the TARP remains outstanding.
`(D)(i) A prohibition on such TARP recipient paying
or accruing any bonus, retention award, or incentive compensation
during the period in which any obligation arising from financial
assistance provided under the TARP remains outstanding, except that any
prohibition developed under this paragraph shall not apply to the
payment of long-term restricted stock by such TARP recipient, provided
that such long-term restricted stock--
`(I) does not fully vest during the period in
which any obligation arising from financial assistance provided to that
TARP recipient remains outstanding;
`(II) has a value in an amount that is not
greater than 1/3 of the total amount of annual compensation of the
employee receiving the stock; and
`(III) is subject to such other terms and conditions as the Secretary may determine is in the public interest.
`(ii) The prohibition required under clause (i) shall apply as follows:
`(I) For any financial institution that
received financial assistance provided under the TARP equal to less
than $25,000,000, the prohibition shall apply only to the most highly
compensated employee of the financial institution.
`(II) For any financial institution that
received financial assistance provided under the TARP equal to at least
$25,000,000, but less than $250,000,000, the prohibition shall apply to
at least the 5 most highly-compensated employees of the financial
institution, or such higher number as the Secretary may determine is in
the public interest with respect to any TARP recipient.
`(III) For any financial institution that
received financial assistance provided under the TARP equal to at
least$250,000,000, but less than $500,000,000, the prohibition shall
apply to the senior executive officers and at least the 10 next most
highly-compensated employees, or such higher number as the Secretary
may determine is in the public interest with respect to any TARP
recipient.
`(IV) For any financial institution that
received financial assistance provided under the TARP equal to
$500,000,000 or more, the prohibition shall apply to the senior
executive officers and at least the 20 next most highly-compensated
employees, or such higher number as the Secretary may determine is in
the public interest with respect to any TARP recipient.
`(iii) The prohibition required under clause (i)
shall not be construed to prohibit any bonus payment required to be
paid pursuant to a written employment contract executed on or before
February 11, 2009, as such valid employment contracts are determined by
the Secretary or the designee of the Secretary.
`(E) 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.
`(F) A requirement for the establishment of a Board Compensation Committee that meets the requirements of subsection (c).
`(4) 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 section--
`(A) 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
`(B) in the case of a TARP recipient that is not a publicly traded company, to the Secretary.
`(c) Board Compensation Committee-
`(1) 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.
`(2) 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.
`(3) COMPLIANCE BY NON-SEC REGISTRANTS- In the case of
any TARP recipient, the common or preferred stock of which is not
registered pursuant to the Securities Exchange Act of 1934, and that
has received $25,000,000 or less of TARP assistance, the duties of the
Board Compensation Committee under this subsection shall be carried out
by the board of directors of such TARP recipient.
`(d) Limitation on Luxury Expenditures- 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 staff development, reasonable performance incentives,
or other similar measures conducted in the normal course of the
business operations of the TARP recipient.
`(e) Shareholder Approval of Executive Compensation-
`(1) 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).
`(2) NONBINDING VOTE- A shareholder vote described in
paragraph (1) 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.
`(3) DEADLINE FOR RULEMAKING- Not later than 1 year
after the date of enactment of the American Recovery and Reinvestment
Act of 2009, the Commission shall issue any final rules and regulations
required by this subsection.
`(f) Review of Prior Payments to Executives-
`(1) IN GENERAL- The Secretary shall review bonuses,
retention awards, and other compensation paid to the senior executive
officers and the next 20 most highly-compensated employees of each
entity receiving TARP assistance before the date of enactment of the
American Recovery and Reinvestment Act of 2009, to determine whether
any such payments were inconsistent with the purposes of this section
or the TARP or were otherwise contrary to the public interest.
`(2) NEGOTIATIONS FOR REIMBURSEMENT- If the Secretary
makes a determination described in paragraph (1), 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.
`(g) No Impediment to Withdrawal by TARP Recipients-
Subject to consultation with the appropriate Federal banking agency (as
that term is defined in section 3 of the Federal Deposit Insurance
Act), if any, the Secretary shall permit a TARP recipient to repay any
assistance previously provided under the TARP to such financial
institution, without regard to whether the financial institution has
replaced such funds from any other source or to any waiting period, and
when such assistance is repaid, the Secretary shall liquidate warrants
associated with such assistance at the current market price.
`(h) Regulations- The Secretary shall promulgate regulations to implement this section.'.
SEC. 7002. APPLICABILITY WITH RESPECT TO LOAN MODIFICATIONS.
Section 109(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5219(a)) is amended--
(1) by striking `To the extent' and inserting the following:
`(1) IN GENERAL- To the extent'; and
(2) by adding at the end the following:
`(2) WAIVER OF CERTAIN PROVISIONS IN CONNECTION WITH
LOAN MODIFICATIONS- The Secretary shall not be required to apply
executive compensation restrictions under section 111, or to receive
warrants or debt instruments under section 113, solely in connection
with any loan modification under this section.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END