H.R. 2847 (111th): Hiring Incentives to Restore Employment Act

111th Congress, 2009–2010. Text as of Aug 25, 2010 (Passed the House (Engrossed) with an Amendment).

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HR 2847 EAH

In the House of Representatives, U. S.,

December 16, 2009.

Resolved, That the House agree to the amendment of the Senate to the bill (H.R. 2847) entitled ‘An Act making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes.’, with the following

HOUSE AMENDMENT TO SENATE AMENDMENT:

In lieu of the matter proposed to be inserted by the amendment of the Senate, insert the following:

DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

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

TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT

CHAPTER 1--JUSTICE

DEPARTMENT OF JUSTICE

Community Oriented Policing Services

(including transfer of funds)

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

CHAPTER 2--ENERGY AND WATER DEVELOPMENT

CORPS OF ENGINEERS--CIVIL WORKS

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

construction

(including transfers of funds)

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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

(including transfers of funds)

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

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Title 17 Innovative Technology Loan Guarantee Program

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

General Provision, This Chapter

INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM

    Sec. 1201. (a) Specific Appropriation or Contribution- Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--

      (1) by striking subsection (b) and inserting the following:

    ‘(b) Specific Appropriation or Contribution-

      ‘(1) IN GENERAL- No guarantee shall be made unless--

        ‘(A) an appropriation for the cost has been made;

        ‘(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury; or

        ‘(C) a combination of appropriations or payments from the borrower has been made sufficient to cover the cost of the obligation.

      ‘(2) LIMITATION- The source of payments received from a borrower under paragraph (1)(B) or (C) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.’; and

      (2) by adding at the end the following:

    ‘(k) Credit Report- If, in the opinion of the Secretary, a third-party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-party credit report.

    ‘(l) Direct Hire Authority-

      ‘(1) IN GENERAL- Notwithstanding section 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the ‘Executive Director’) may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service.

      ‘(2) EXCEPTION- The authority granted under paragraph (1) shall not apply to positions in the excepted service or the Senior Executive Service.

      ‘(3) REQUIREMENTS- In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director--

        ‘(A) is consistent with the merit principles of section 2301 of title 5, United States Code; and

        ‘(B) complies with the public notice requirements of section 3327 of title 5, United States Code.

      ‘(4) SUNSET- The authority provided under paragraph (1) shall terminate on January 1, 2011.

    ‘(m) Multiple Sites- Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non-contiguous sites in the United States.’.

    (b) Applications for Multiple Eligible Projects- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--

      (1) by redesignating subsection (e) as subsection (f); and

      (2) by inserting after subsection (d) the following:

    ‘(e) Multiple Applications- Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this section.’.

    (c) Energy Efficiency Loan Guarantees- Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following:

      ‘(4) Energy efficiency projects, including projects to retrofit residential, commercial, and industrial buildings, facilities, and equipment.’.

CHAPTER 3--HOMELAND SECURITY

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

firefighter assistance grants

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

CHAPTER 4--INTERIOR AND ENVIRONMENT

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

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

United States Fish and Wildlife Service

resource management

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

National Park Service

operation of the national park system

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

Department-wide Programs

wildland fire management

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

ENVIRONMENTAL PROTECTION AGENCY

State and Tribal Assistance Grants

(including transfers of funds)

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

Department of Agriculture

Forest Service

state and private forestry

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

national forest system

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

wildland fire management

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

General Provisions, This Chapter

(including transfer of funds)

    Sec. 1401. Funds made available to the Environmental Protection Agency by this Act for management and oversight purposes shall remain available until September 30, 2012, and may be transferred to the ‘Environmental Programs and Management’ account as needed.

    Sec. 1402. In carrying out the work for which funds in this title are being made available, the Secretary of the Interior and the Secretary of Agriculture shall utilize, to the maximum extent practicable, the Public Lands Corps, Youth Conservation Corps, Student Conservation Association, Job Corps, Corps Network members, and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults, underserved and minority populations, veterans, and special needs individuals.

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

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

    For an additional amount for ‘Training and Employment Services’ for activities under the Workforce Investment Act of 1998 (‘WIA’), $1,250,000,000, which shall be available for obligation on the date of enactment of this Act, as follows:

      (1) $500,000,000 for grants to the States for youth activities: Provided, That such funds shall be used solely for summer employment programs for youth: Provided further, That no portion of such funds shall 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 the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effectiveness of summer employment for youth provided with such funds: Provided further, That an in-school youth shall meet the requirement that eligible youth be a low-income individual under section 101(13)(B) of the WIA if such youth has been determined to meet the eligibility requirements for free meals under the National School Lunch Act (42 U.S.C. 1751 et seq.) during the most recent school year; and

      (2) $750,000,000 for a program of competitive grants for worker training and placement in high growth and emerging industry sectors: Provided, That $275,000,000 shall be for job training projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA, of which $225,000,000 shall be for Pathways Out of Poverty projects: Provided further, That in awarding grants from those funds not dedicated in the preceding proviso, the Secretary of Labor shall give priority to projects that prepare workers for careers in the health care sector.

DEPARTMENT OF EDUCATION

Education Jobs Fund

    For necessary expenses for an Education Jobs Fund, $23,000,000,000, which shall remain available for obligation through September 30, 2010 and shall be administered under the terms and conditions of sections 14001 through 14013 of title XIV, and title XV, of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), except as follows:

      (1) ALLOTMENTS TO STATES AND TERRITORIES- Such funds shall be available only for allocations by the Secretary under subsections (a) and (d) of section 14001.

      (2) RESERVATION- With respect to funds appropriated under this heading, a State that receives an allocation may reserve not more than 5 percent for--

        (A) the administrative costs of carrying out its responsibilities with respect to those funds, provided the State reserves not more than 1 percent of its total allocation for those costs; and

        (B) retaining or creating positions in the State educational agency or the State agency for higher education, and other State agency positions related to the administration or support of early childhood, elementary, secondary or postsecondary education.

      (3) AWARDS TO LOCAL EDUCATIONAL AGENCIES AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION-

        (A) Except as specified under paragraph (2), an allocation of such funds to a State under section 14001(d) shall be used only for awards to local educational agencies and public institutions of higher education for the support of elementary, secondary, and postsecondary education. The Governor shall determine how the funds appropriated under this heading are allocated for elementary and secondary education and for public institutions of higher education. In making the determination in the preceding sentence, the Governor shall allocate funds among the categories of elementary and secondary education and public institutions of higher education generally in proportion to any reductions in State funds for such categories.

        (B) Funds used to support elementary and secondary education shall be distributed through the State’s primary elementary and secondary funding formulae.

        (C) Section 14002(a) and (b) shall not apply.

      (4) INAPPLICABILITY OF EDUCATION REFORM ASSURANCES- Subsection (b)(2), and paragraphs (1) through (5) of subsection (d), of section 14005 shall not apply to any application for an allocation of such funds.

      (5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDUCATION JOBS- Notwithstanding sections 14003(a) and 14004(a), such funds may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, for activities defined in section 101(31) of the Workforce Investment Act of 1998, and to hire new employees in order to provide early childhood, elementary, secondary, or postsecondary educational and related services or for modernization, renovation, and repair of public school facilities and facilities of institutions of higher education.

      (6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR DEBT RETIREMENT- A State that receives an allocation may not use such funds, directly or indirectly, to establish, restore, or supplement a rainy-day fund, or to supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; or to reduce or retire debt obligations incurred by the State, or to supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State, provided that this prohibition shall not apply to fund balances that are necessary to comply with any State requirement to maintain a balanced budget.

      (7) APPLICATION CONSIDERATIONS- If, by a date set by the Secretary, a Governor has not submitted an approvable application under section 14005(a), the Secretary may provide for the distribution of funds allocated under section 14001(d) to another entity or other entities in the State, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to the appropriation under this heading shall apply to such funds distributed to such entity or entities.

      (8) LOCAL EDUCATIONAL AGENCY APPLICATION- Section 442 of the General Education Provisions Act does not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of the American Recovery and Reinvestment Act of 2009. The assurances provided under that application shall continue to apply to funds awarded under this heading.

      (9) MAINTENANCE OF EFFORT- The Secretary shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will--

        (A) for fiscal year 2010--

          (i) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at the level of such support for fiscal year 2009; or

          (ii) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at a level no less than such support for fiscal year 2006, provided that if a State has enacted a reduction to such aggregate level of fiscal year 2010 State support for elementary, secondary, and public higher education after December 12, 2009, the State shall maintain State support for elementary, secondary, and public higher education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2010 prior to December 12, 2009; and

        (B) for fiscal year 2011--

          (i) comply with subparagraph (A)(i); or

          (ii) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2010.

Student Financial Assistance

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

RELATED AGENCIES

Corporation for National and Community Service

operating expenses

(including transfer of funds)

    For an additional amount for ‘Operating Expenses’ to carry out the Domestic Volunteer Service Act of 1973 (‘1973 Act’) and the National and Community Service Act of 1990 (‘1990 Act’), $132,000,000, which shall remain available through September 30, 2011: Provided, That not less than $90,000,000 of the funds made available in this paragraph shall be used to make additional awards to existing AmeriCorps grantees and may be used to provide adjustments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2011 for which the Chief Executive Officer of the Corporation for National and Community Service (‘CEO’) determines that a waiver of the Federal share limitation is warranted under section 2521.70 of title 45 of the Code of Federal Regulations: Provided further, That up to $30,000,000 shall be for programs under title I, part A of the 1973 Act: Provided further, That any funds provided in the previous proviso shall not be made available in connection with cost-share agreements authorized under section 192A(g)(10) of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $7,000,000 shall be transferred to ‘Salaries and Expenses’ to administer the funds provided in this paragraph, including making any necessary information technology upgrades: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2010 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2010, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2011 operating plan for such funds in fiscal year 2011, but not later than November 1, 2010, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than 90 days after issuance of the operating plan, and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure.

national service trust

(including transfer of funds)

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

General Provision, This Chapter

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

    Sec. 1501. (a) In General- Section 6431 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

    ‘(f) Application of Section to Qualified Zone Academy Bonds and Qualified School Construction Bonds-

      ‘(1) IN GENERAL- In the case of any specified tax credit bond--

        ‘(A) such bond shall be treated as a qualified bond for purposes of this section,

        ‘(B) subsection (a) shall be applied without regard to the requirement that the qualified bond be issued before January 1, 2011,

        ‘(C) the amount of the payment determined under subsection (b) with respect to any interest payment date under such bond shall be equal to the lesser of--

          ‘(i) the amount of interest payable under such bond on such date, or

          ‘(ii) the amount of interest which would have been payable under such bond on such date if such interest were determined at the applicable credit rate determined under section 54A(b)(3) with respect to such bond,

        ‘(D) interest on any such bond shall be includible in gross income for purposes of this title, and

        ‘(E) no credit shall be allowed under section 54A with respect to such bond.

      ‘(2) SPECIFIED TAX CREDIT BOND- For purposes of this subsection, the term ‘specified tax credit bond’ means any qualified tax credit bond (as defined in section 54A(d)) if--

        ‘(A) such bond is a qualified zone academy bond (as defined in section 54E) or a qualified school construction bond (as defined in section 54F), and

        ‘(B) the issuer of such bond makes an irrevocable election to have this subsection apply.’.

    (b) Technical Corrections Relating to Qualified School Construction Bonds-

      (1) The second sentence of section 54F(d)(1) of such Code is amended by striking ‘by the State’ and inserting ‘by the State education agency (or such other agency as is authorized under State law to make such allocation)’.

      (2) The second sentence of section 54F(e) of such Code is amended by striking ‘subsection (d)(4)’ and inserting ‘paragraphs (2) and (4) of subsection (d)’.

    (c) Effective Date-

      (1) IN GENERAL- Except as otherwise provided in this subsection, the amendment made by this section shall apply to bonds issued after December 31, 2009.

      (2) TECHNICAL CORRECTIONS- The amendments made by subsection (b) shall take effect as if included in section 1521 of the American Recovery and Reinvestment Tax Act of 2009.

CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

grants-in-aid for airports

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

Federal Highway Administration

highway infrastructure investment

    For an additional amount for ‘Highway Infrastructure Investment’ for restoration, repair, construction and other activities eligible under paragraph (b) of section 133 of title 23, United States Code, and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under subsection 601(a)(8) of such title, $27,500,000,000, to remain available through September 30, 2011: Provided, That, after making the set-asides required under this heading, 50 percent of the funds made available under this heading shall be apportioned to States using the formula set forth in section 104(b)(3) of title 23, United States Code, and the remaining funds shall be apportioned to States in the same ratio as the obligation limitation for fiscal year 2008 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division K of Public Law 110-161: Provided further, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That in selecting projects to be carried out with funds apportioned under this heading, priority shall be given to projects that are projected for completion within a 3-year time frame, and are located in economically distressed areas as defined by section 301 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, That in selecting projects to be carried out with funds apportioned under this heading, States shall ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities in the State: Provided further, That 90 days following the date of such apportionment, the Secretary of Transportation shall withdraw from each State an amount equal to 50 percent of the funds awarded to that State less the amount of funding under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this proviso in the manner described in section 120(c) of division K of Public Law 110-161: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each recipient of funds apportioned under this heading any funds that are not under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this proviso in the manner described in section 120(c) of division K of Public Law 110-161: Provided further, That at the request of a State, the Secretary of Transportation may provide an extension of such 1-year period only to the extent that he feels satisfied that the State has encountered extreme conditions that create an unworkable bidding environment or other extenuating circumstances: Provided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appropriations that provides a thorough justification for the extension: Provided further, That 3 percent of the funds apportioned to a State under this heading shall be set aside for the purposes described in subsection 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005): Provided further, That 30 percent of the funds apportioned to a State under this heading shall be suballocated within the State in the manner and for the purposes described in the first sentence of subsection 133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 133(d)(3)(D): Provided further, That such suballocation shall be conducted in every State: Provided further, That of the funds provided under this heading, $105,000,000 shall be for the Puerto Rico highway program authorized under section 165 of title 23, United States Code, and $45,000,000 shall be for the territorial highway program authorized under section 215 of title 23, United States Code: Provided further, That of the funds provided under this heading, $60,000,000 shall be for capital expenditures eligible under section 147 of title 23, United States Code (without regard to subsection(d)): Provided further, That the Secretary of Transportation shall distribute such $60,000,000 as competitive discretionary grants to States, with priority given to those projects that demonstrate to his satisfaction their ability to be completed within 2 years of enactment of this Act: Provided further, That of the funds provided under this heading, $550,000,000 shall be for investments in transportation at Indian reservations and Federal lands: Provided further, That of the funds identified in the preceding proviso, $310,000,000 shall be for the Indian Reservation Roads program, $170,000,000 shall be for the Park Roads and Parkways program, $60,000,000 shall be for the Forest Highway Program, and $10,000,000 shall be for the Refuge Roads program: Provided further, That for investments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act: Provided further, That 1 year following the enactment of this Act, to ensure the prompt use of the $550,000,000 provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated: Provided further, That up to 4 percent of the funding provided for Indian Reservation Roads may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses: Provided further, That section 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply to funds provided under this heading: Provided further, That of the funds made available under this heading, $20,000,000 shall be for highway surface transportation and technology training under section 140(b) of title 23, United States Code, and $20,000,000 shall be for disadvantaged business enterprises bonding assistance under section 332(e) of title 49, United States Code: Provided further, That funds made available under this heading shall be administered as if apportioned under chapter 1 of title 23, United States Code, except for funds made available for investments in transportation at Indian reservations and Federal lands, and for the territorial highway program, which shall be administered in accordance with chapter 2 of title 23, United States Code, and except for funds made available for disadvantaged business enterprises bonding assistance, which shall be administered in accordance with chapter 3 of title 49, United States Code: Provided further, That the Federal share payable on account of any project or activity carried out with funds made available under this heading shall be, at the option of the recipient, up to 100 percent of the total cost thereof: Provided further, That funds made available by this paragraph shall not be obligated for the purposes authorized under section 115(b) of title 23, United States Code: Provided further, That funding provided under this heading shall be in addition to any and all funds provided for fiscal years 2010 and 2011 in any other Act for ‘Federal-aid Highways’ and shall not affect the distribution of funds provided for ‘Federal-aid Highways’ in any other Act: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That section 1101(b) of Public Law 109-59 shall apply to funds apportioned under this heading: Provided further, That the Administrator of the Federal Highway Administration may retain up to $45,000,000 of the funds provided under this heading to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administration in this Act, of which $5,000,000 shall be for the Office of Expedited Project Delivery in the Office of the Administrator of the Federal Highway Administration, and such funds shall be available through September 30, 2013.

Federal Railroad Administration

capital grants to the national railroad passenger corporation

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

Federal Transit Administration

transit capital assistance

    For an additional amount for ‘Transit Capital Assistance’ for transit capital assistance grants authorized under section 5302(a)(1) of title 49, United States Code, $6,150,000,000: Provided, That the Secretary of Transportation shall provide 80 percent of the funds appropriated under this heading for grants under section 5307 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title (other than subsections (i)(1) and (j)): Provided further, That the Secretary shall apportion 10 percent of the funds appropriated under this heading in accordance with section 5340 of such title: Provided further, That the Secretary shall provide 10 percent of the funds appropriated under this heading for grants under section 5311 of title 49, United States Code, and apportion such funds in accordance with such section: Provided further, That funds apportioned under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That 90 days following the date of such apportionment, the Secretary shall withdraw from each urbanized area or State an amount equal to 50 percent of the funds apportioned to such urbanized areas or States less the amount of funding under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each urbanized area or State any funds that are not under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all 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 commingled with any prior year funds: Provided further, That a recipient and subrecipient of funds made available under this heading may use up to 10 percent of the amount apportioned to a State or urbanized area for the operating costs of equipment and facilities for use in public transportation or for eligible activities under section 5311(f): Provided further, That in selecting projects to be carried out with funds apportioned under this heading, priority shall be given to projects that are located in economically distressed areas as defined by section 301 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, That in selecting projects to be carried out with funds apportioned under this heading, States shall ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities in the State: Provided further, That notwithstanding any other provision of law, three-quarters of 1 percent of the funds provided for grants under section 5307 and section 5340, and one-half of 1 percent of the funds provided for grants under section 5311, shall be available for administrative expenses and program management oversight, and such funds shall be available through September 30, 2013.

fixed guideway infrastructure investment

    For an amount for capital expenditures authorized under section 5309(b)(2) of title 49, United States Code, $1,750,000,000: Provided, That the Secretary of Transportation shall apportion funds under this heading pursuant to the formula set forth in section 5337 of title 49, United States Code: Provided further, That the funds appropriated under this heading shall not be commingled with any prior year funds: Provided further, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That 90 days following the date of such apportionment, the Secretary shall withdraw from each urbanized area an amount equal to 50 percent of the funds apportioned to such urbanized area less the amount of funding under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each urbanized area any funds that are not under contract, as determined by the Secretary, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That at the request of an urbanized area, the Secretary of Transportation may provide an extension of such 1-year period if he feels satisfied that the urbanized area has encountered an unworkable bidding environment or other extenuating circumstances: Provided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appropriations that provides a thorough justification for the extension: Provided further, That applicable chapter 53 requirements shall apply except that the Federal share of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That the provisions of section 1101(b) of Public Law 109-59 shall apply to funds made available under this heading: Provided further, That notwithstanding any other provision of law, up to 1 percent of the funds under this heading shall be available for administrative expenses and program management oversight and shall remain available for obligation until September 30, 2013.

capital investment grants

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

Maritime Administration

maritime guaranteed loan (title xi) program account

(including transfer of funds)

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

General Provision, Department of Transportation

    Sec. 1601. (a) Maintenance of Effort-

      (1) CERTIFICATION-

        (A) CERTIFICATION THROUGH SEPTEMBER 30, 2010- The certification made by the Governor of each State under section 1201(a) of division A of the American Recovery and Reinvestment Act of 2009 (Pubic Law 111-5, 123 Stat. 115, 212) shall continue in effect under this Act.

        (B) CERTIFICATION THROUGH SEPTEMBER 30, 2011- Not later than 30 days after the date 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 State funds the State planned to expend from State sources as of the date of enactment of this Act for the period of October 1, 2010, through September 30, 2011, for the types of projects that are funded by the appropriation. For the period of October 1, 2010, through September 30, 2011, the Governor of a State may calculate planned expenditures from State funds in the same manner as under section 1201(a) of division A of the American Recovery and Reinvestment Act of 2009 or may calculate the amount by pro rating the amount certified under section 1201(a) of division A of the American Recovery and Reinvestment Act of 2009 to establish the amount of planned expenditures for such period.

      (2) DEFINITION OF STATE FUNDS- For purposes of the certifications required by section 1201(a) of division A of the American Recovery and Reinvestment Act of 2009 and paragraph (1)(B), State funding means State funds used for transportation purposes that are expended by the State agency that is primarily responsible for carrying out the covered program. State funding does not include State transportation funds that are expended by or at the direction of non-State governmental entities.

    (b) Requirement to Maintain Effort-

      (1) REPORTS- Each State shall submit to the Department of Transportation for each covered program the actual aggregate expenditures from State funds during the period of February 17, 2009, through September 30, 2011, as compared to the level of such expenditures from State funds that were planned to occur during such period as certified in accordance with subsection (a). The State shall submit the maintenance of effort reports in the same manner and in the same timeframe required by subsection (c), except the State is not required to submit a maintenance of effort report on February 17, 2013. The covered agencies shall submit the reports to Congress in accordance with subsection (c)(1).

      (2) DETERMINATION OF MAINTENANCE OF EFFORT- A State is deemed to have met its level of effort if the aggregate amount of actual expenditures of State funds reported in the February 17, 2012 report in accordance with paragraph (1) meets or exceeds the aggregate amount of planned expenditures of State funds identified in the certification required by subsection (a).

      (3) PENALTY FOR FAILURE TO MAINTAIN EFFORT- If a State is unable to maintain the level of effort certified pursuant to subsection (a), the State will be prohibited by the Secretary of Transportation from receiving additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for fiscal year 2012.

    (c) Periodic Reports-

      (1) IN GENERAL- Notwithstanding any other provision of law, each grant recipient shall submit to the covered agency from which they received funding periodic reports on the use of the funds appropriated in this chapter for the Department of Transportation for covered programs. Such reports shall be collected and compiled by the covered agency and transmitted to Congress. Covered agencies may develop such reports on behalf of grant recipients to ensure the accuracy and consistency of such reports.

      (2) CONTENTS OF REPORTS- For amounts received under each covered program by a grant recipient under this chapter for the Department of Transportation, the grant recipient shall include in the periodic reports information tracking--

        (A) the amount of Federal funds appropriated, allocated, obligated, and outlayed under the appropriation;

        (B) the number of projects that have been put out to bid under the appropriation and the amount of Federal funds associated with such projects;

        (C) the number of projects for which contracts have been awarded under the appropriation and the amount of Federal funds associated with such contracts;

        (D) the number of projects for which work has begun under such contracts and the amount of Federal funds associated with such contracts;

        (E) the number of projects for which work has been completed under such contracts and the amount of Federal funds associated with such contracts; and

        (F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the appropriation and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including the number of job-years created and the total increase in employment since the date of enactment of this Act.

      (3) TIMING OF REPORTS- Each grant recipient shall submit the first of the periodic reports required under this subsection not later than 1 year after the date of enactment of the American Recovery and Reinvestment Act of 2009 and shall submit updated reports not later than 15 months, 18 months, 2 years, 3 years, and 4 years after such date of enactment.

    (d) Definitions- In this section, the following definitions apply:

      (1) COVERED AGENCY- The term ‘covered agency’ means the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Federal Transit Administration, and the Maritime Administration of the Department of Transportation.

      (2) COVERED PROGRAM- The term ‘covered program’ means funds appropriated in this Act for ‘Grants-in-Aid for Airports’ to the Federal Aviation Administration; for ‘Highway Infrastructure Investment’ to the Federal Highway Administration; for ‘Capital Grants to the National Railroad Passenger Corporation’ to the Federal Railroad Administration; for ‘Transit Capital Assistance’, ‘Fixed Guideway Infrastructure Investment’, and ‘Capital Investment Grants’ to the Federal Transit Administration; and for ‘Maritime Guaranteed Loan (Title XI) Program Account’ to the Maritime Administration.

      (3) GRANT RECIPIENT- The term ‘grant recipient’ means a State or other recipient of assistance provided under a covered program in this Act. Such term does not include a Federal department or agency.

    (e) Exemption- Notwithstanding any other provision of law, sections 3501-3521 of title 44, United States Code, shall not apply to the provisions of this section.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

public housing capital fund

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

Community Planning and Development

housing trust fund

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

CHAPTER 7--GENERAL PROVISIONS, THIS TITLE

TARP REDUCTION

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

LIMIT ON FUNDS

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

RECOVERY ACT REPORTING REQUIREMENTS

    Sec. 1703. (a) Funds made available by this title shall be subject to the reporting, transparency, and oversight requirements established by title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), on the same basis as funds made available in division A of that Act.

    (b) Amounts appropriated in division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) to any Office of Inspector General or to the Recovery Accountability and Transparency Board shall also be available for the same purposes with respect to any programs, grants, projects, and activities for which funds are made available by this title.

TITLE II--SURFACE TRANSPORTATION EXTENSION

SHORT TITLE

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

FEDERAL-AID HIGHWAYS

    Sec. 2002. (a) In General-

      (1) APPLICABILITY OF PROVISIONS- Except as provided in this title, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2009, or the date specified in section 106(3) of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), are incorporated by reference and shall continue in effect through September 30, 2010.

      (2) AUTHORIZATION OF APPROPRIATIONS- Except as provided in subsection (b), there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 an amount equal to the sum of the amounts authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144) and title 23, United States Code (excluding administrative expenses under section 104(a) and programs, projects, and activities under chapter 4 of that title), minus $1,394,358,419.

      (3) USE OF FUNDS-

        (A) FISCAL YEAR 2010- Except as otherwise expressly provided in this title, funds authorized to be appropriated under paragraph (2) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner as the total amount of funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title).

        (B) CALCULATION- The amounts authorized to be appropriated under paragraph (2) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under SAFETEA-LU (119 Stat. 1144) or any other law.

        (C) DISTRIBUTION BETWEEN PROGRAMS- Funds authorized to be appropriated under paragraph (2) shall be distributed under subparagraph (A) among programs, projects, and activities referenced in such subparagraph in the ratio that--

          (i) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for such program, project, or activity for fiscal year 2009; bear to

          (ii) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for all such programs, projects, and activities for fiscal year 2009.

        (D) CONTRACT AUTHORITY-

          (i) IN GENERAL- Except as provided in clause (ii), funds authorized to be appropriated under this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010.

          (ii) EXCEPTIONS-

            (I) IN GENERAL- A limitation on obligations described in clause (i) shall not apply to any obligation under--

(aa) section 125 of title 23, United States Code; or

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

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

      (4) EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED PROGRAMS-

        (A) FISCAL YEAR 2010-

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

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

(aa) the amount apportioned to the State for that program for fiscal year 2009; bears to

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

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

          (ii) TERRITORIES AND PUERTO RICO-

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

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

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

            (II) TERRITORY DEFINED- In this clause, the term ‘territory’ means any of the following territories of the United States: American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands.

        (B) ADDITIONAL FUNDS-

          (i) IN GENERAL- No additional funds shall be provided for any project or activity under paragraph (3)(A) that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity.

          (ii) RESERVATION AND REDISTRIBUTION AMONG STATES-

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

(aa) reserved by the Secretary of Transportation; and

(bb) apportioned among all States such that each State’s share of funds so apportioned is equal to the State’s share for fiscal year 2009 of funds apportioned or allocated for the programs specified in subclause (II).

            (II) SPECIFIC PROGRAMS- The programs referred to in subclause (I) are--

(aa) the programs listed in section 105(a)(2) of title 23, United States Code;

(bb) the program authorized by section 144(f)(1) of such title; and

(cc) the program authorized by section 1934 of SAFETEA-LU (119 Stat. 1485).

          (iii) DISTRIBUTION AMONG PROGRAMS- Funds apportioned to a State pursuant to clause (ii) shall be--

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

(aa) the amount apportioned to the State for that program for fiscal year 2009; bears to

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

            (II) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subclause (I).

        (C) COMPETITIVE DISTRIBUTION OF CERTAIN DISCRETIONARY FUNDS-

          (i) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE- Notwithstanding section 1301(m) of SAFETEA-LU (119 Stat. 1202), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the projects of national and regional significance program on the basis of a competitive selection process in accordance with sections 1301(d), 1301(e), and 1301(f) of that Act (119 Stat. 1199).

          (ii) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- Notwithstanding section 1302(e) of SAFETEA-LU (119 Stat. 1205), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the national corridor infrastructure improvement program on the basis of a competitive selection process in accordance with section 1302(b) of that Act (119 Stat. 1204).

      (5) EXTENSION OF AUTHORIZATIONS UNDER TITLE V OF SAFETEA-LU-

        (A) IN GENERAL- The programs authorized under paragraphs (1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat. 1779) shall be continued for fiscal year 2010 at the funding levels authorized for those programs for fiscal year 2009.

        (B) DISTRIBUTION OF FUNDS- Funds for programs continued under subparagraph (A) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2009, except that designations for specific activities shall not be required to be continued for fiscal year 2010.

        (C) ADDITIONAL FUNDS-

          (i) IN GENERAL- No additional funds shall be provided for any project or activity under this paragraph that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity.

          (ii) DISTRIBUTION- Funds that would have been made available under subparagraph (A) for a project or activity but for the prohibition under clause (i) shall be distributed in accordance with subparagraph (B).

    (b) Administrative Expenses-

      (1) AUTHORIZATION OF CONTRACT AUTHORITY- Notwithstanding any other provision of this title or any other law, there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), $420,562,000 for administrative expenses of the Federal-aid highway program for fiscal year 2010.

      (2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this subsection shall be--

        (A) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended; and

        (B) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010.

    (c) Reconciliation of Funds- The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity continued under this section by any amount apportioned or allocated for such program, project, or activity pursuant to the Continuing Appropriations Resolution, 2010 (Public Law 111-68).

    (d) References- Except as otherwise expressly provided, any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    Sec. 2003. (a) Chapter 4 Highway Safety Programs- Section 2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--

      (1) by striking ‘and’; and

      (2) by inserting after ‘2009’ the following: ‘, and $235,000,000 for fiscal year 2010’.

    (b) Highway Safety Research and Development- Section 2001(a)(2) of such Act (119 Stat. 1519) is amended--

      (1) by striking ‘and’; and

      (2) by inserting after ‘2009’ the following: ‘, and $105,500,000 for fiscal year 2010’.

    (c) Occupant Protection Incentive Grants-

      (1) EXTENSION OF PROGRAM- Section 405 of title 23, United States Code, is amended--

        (A) in subsection (a)(3) by striking ‘6’ and inserting ‘7’; and

        (B) in subsection (a)(4)(C) by striking ‘in each of the fifth and sixth fiscal years beginning after September 30, 2003,’ and inserting ‘in each subsequent fiscal year’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(3) of such Act (119 Stat. 1519) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the following: ‘, and $25,000,000 for fiscal year 2010’.

    (d) Safety Belt Performance Grants-

      (1) EXTENSION OF PROGRAM- Section 406(c)(1) of title 23, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(4) of such Act (119 Stat. 1519) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the following: ‘, and $124,500,000 for fiscal year 2010’.

    (e) State Traffic Safety Information System Improvements- Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--

      (1) by striking ‘and’; and

      (2) by inserting after ‘2009’ the following: ‘, and $34,500,000 for fiscal year 2010’.

    (f) Alcohol-Impaired Driving Countermeasures Incentive Grant Program-

      (1) EXTENSION OF PROGRAM- Section 410 of title 23, United States Code, is amended--

        (A) in subsection (a)(3)(C) by striking ‘in each of the fifth, sixth, seventh, and eighth fiscal years’ and inserting ‘in each subsequent fiscal year’; and

        (B) in subsection (b)(2)(C) by striking ‘and 2009’ and inserting ‘, 2009, and 2010’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(6) of such Act (119 Stat. 1519) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the following: ‘, and $139,000,000 for fiscal year 2010’.

    (g) National Driver Register- Section 2001(a)(7) of such Act (119 Stat. 1520) is amended--

      (1) by striking ‘and’; and

      (2) by inserting after ‘2009’ the following: ‘, and $4,000,000 for fiscal year 2010’.

    (h) High Visibility Enforcement Program-

      (1) EXTENSION OF PROGRAM- Section 2009(a) of such Act (23 U.S.C. 402 note; 119 Stat. 1535) is amended by striking ‘2009’ and inserting ‘2010’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(8) of such Act (119 Stat. 1520) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the second place it appears the following: ‘, and $29,000,000 for fiscal year 2010’.

    (i) Motorcyclist Safety-

      (1) EXTENSION OF PROGRAM- Section 2010(d)(1)(B) of such Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking ‘and fourth’ and inserting ‘fourth, and fifth’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(9) of such Act (119 Stat. 1520) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the following: ‘, and $7,000,000 for fiscal year 2010’.

    (j) Child Safety and Child Booster Seat Safety Incentive Grants-

      (1) EXTENSION OF PROGRAM- Section 2011(c)(2) of such Act (23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking ‘fourth fiscal year’ and inserting ‘fourth and fifth fiscal years’.

      (2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(10) of such Act (119 Stat. 1520) is amended--

        (A) by striking ‘and’; and

        (B) by inserting after ‘2009’ the following: ‘, and $7,000,000 for fiscal year 2010’.

    (k) Administrative Expenses- Section 2001(a)(11) of such Act (119 Stat. 1520) is amended--

      (1) by striking ‘and’ the last place it appears; and

      (2) by inserting after ‘2009’ the following: ‘, and $18,500,000 for fiscal year 2010’.

    (l) Applicability of Title 23- Section 2001(c) of such Act (119 Stat. 1520) is amended by striking ‘2009’ and inserting ‘2010’.

    (m) Drug-impaired Driving Enforcement- Section 2013(f) of such Act (23 U.S.C. 403 note; 119 Stat. 1540) is amended by striking ‘2009’ and inserting ‘2010’.

    (n) Older Driver Safety; Law Enforcement Training- Section 2017 of such Act (23 U.S.C. 402 note; 119 Stat. 1541) is amended--

      (1) in subsection (a)(1) by striking ‘2009’ and inserting ‘2010’; and

      (2) in subsection (b)(2) by striking ‘2009’ and inserting ‘2010’.

EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS

    Sec. 2004. (a) Motor Carrier Safety Grants- Section 31104(a) of title 49, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (4);

      (2) by striking the period at the end of paragraph (5) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(6) $212,070,000 for fiscal year 2010.’.

    (b) Administrative Expenses- Section 31104(i)(1) of title 49, United States Code, is amended--

      (1) by striking ‘and’ at the end of subparagraph (D);

      (2) by striking the period at the end of subparagraph (E) and inserting ‘; and’; and

      (3) by adding at the end the following:

        ‘(F) $239,828,000 for fiscal year 2010.’.

    (c) High Priority Activities- Section 31104(k)(2) of title 49, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.

    (d) Grant Programs- Section 4101(c) of SAFETEA-LU (119 Stat. 1715) is amended--

      (1) in paragraph (1) by striking ‘2009’ and inserting ‘2010’;

      (2) in paragraph (2) by striking ‘and 2009’ and inserting ‘2009, and 2010’;

      (3) in paragraph (3) by striking ‘and 2009’ and inserting ‘2009, and 2010’;

      (4) in paragraph (4) by striking ‘2009’ and inserting ‘2010’; and

      (5) in paragraph (5) by striking ‘2009’ and inserting ‘2010’.

    (e) Commercial Driver’s License Information System Modernization- Section 4123(d) of SAFETEA-LU (119 Stat. 1736) is amended--

      (1) by striking ‘and’ at the end of paragraph (3);

      (2) by striking the period at the end of paragraph (4) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(5) $8,000,000 for fiscal year 2010.’.

    (f) Outreach and Education- Section 4127(e) of such Act (119 Stat. 1741) is amended by striking ‘and 2009’ and inserting ‘2009, and 2010’.

    (g) Grant Program for Commercial Motor Vehicle Operators- Section 4134(c) of such Act (119 Stat. 1744) is amended by striking ‘2009’ and inserting ‘2010’.

    (h) Working Group for Development of Practices and Procedures to Enhance Federal-State Relations- Section 4213(d) of such Act (119 Stat. 1759) is amended by striking ‘2009’ and inserting ‘2010’.

    (i) Office of Intermodalism- Section 5503(i) of title 49, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.

EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS

    Sec. 2005. (a) Extension of Transit Programs- Except as otherwise provided in this title, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under title III of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), title III of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2087), title III of the Transportation Equity Act for the 21st Century (112 Stat. 338), and chapter 53 of title 49, United States Code, which would otherwise expire on or cease to apply after September 30, 2009, or the date specified in section 106(3) of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), are incorporated by reference and shall continue in effect through September 30, 2010.

    (b) Authorizations- For fiscal year 2010--

      (1) there shall be available from the Mass Transit Account of the Highway Trust Fund $8,343,171,000 for each Federal transit assistance program under section 5338(b) of title 49, United States Code, to be allocated among such programs in proportion to the amounts provided for each such program in fiscal year 2009; and

      (2) there is authorized to be appropriated $2,164,581,000 for each Federal transit program under subsections (c) and (d) of section 5338 of title 49, United States Code, and for administrative expenses under subsection (e) of such section.

    (c) Exceptions-

      (1) PROJECTS FOR BUS AND BUS-RELATED FACILITIES AND CLEAN FUELS GRANT PROGRAM- The project designations contained in section 3044 of SAFETEA-LU (119 Stat. 1652) shall not apply to funds made available under subsection (b)(1).

      (2) ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS- A program, project, or activity identified in section 3046 of SAFETEA-LU (119 Stat. 1706) that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the program, project, or activity shall not be eligible for funds authorized to be appropriated under subsection (b)(2).

    (d) Contract Authority- A grant or contract approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund through September 30, 2010, to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of title 49, United States Code, and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is a contractual obligation of the Government to pay the Federal share of the cost of the project.

    (e) Reconciliation of Funds- The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity continued under this section by any amount apportioned or allocated for such program, project, or activity pursuant to the Continuing Appropriation Resolution, 2010 (Public Law 111-68).

    (f) References- Except as otherwise expressly provided, any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

BOATING SAFETY EXTENSION

    Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended--

      (1) in subsection (a) by striking ‘2009, and the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’ and inserting ‘2010,’; and

      (2) in subsection (b)(1)(A) by striking ‘2009 and the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’ and inserting ‘2010,’.

LEVEL OF OBLIGATION LIMITATIONS

    Sec. 2007. (a) Highway Category- Section 8003(a) of SAFETEA-LU (119 Stat. 1917) is amended--

      (1) by striking ‘and’ at the end of paragraph (4);

      (2) by striking the period at the end of paragraph (5) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(6) for fiscal year 2010, $42,469,970,178.’.

    (b) Mass Transit Category- Section 8003(b) of SAFETEA-LU (119 Stat. 1917) is amended--

      (1) by striking ‘and’ at the end of paragraph (4);

      (2) by striking the period at the end of paragraph (5) and inserting ‘; and’; and

      (3) by inserting after paragraph (5) the following:

      ‘(6) for fiscal year 2010, $10,338,065,000.’.

HAZARDOUS MATERIALS RESEARCH

    Sec. 2008. Section 7131(c) of SAFETEA-LU (119 Stat. 1910) is amended by striking ‘2009’ and inserting ‘2010’.

EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS

    Sec. 2009. (a) Highway Trust Fund-

      (1) HIGHWAY ACCOUNT- Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended--

        (A) by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘September 30, 2010 (October 1, 2010’, and

        (B) by striking ‘under’ and all that follows and inserting ‘under the Surface Transportation Extension Act of 2009 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.

      (2) MASS TRANSIT ACCOUNT- Paragraph (3) of section 9503(e) of such Code is amended--

        (A) by striking ‘October 1, 2009’ and inserting ‘October 1, 2010’, and

        (B) by striking ‘in accordance with’ and all that follows and inserting ‘in accordance with the Surface Transportation Extension Act of 2009 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.

      (3) EXCEPTION TO LIMITATION ON TRANSFERS- Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘September 30, 2010 (October 1, 2010’.

    (b) Sport Fish Restoration and Boating Trust Fund-

      (1) IN GENERAL- Paragraph (2) of section 9504(b) of such Code is amended--

        (A) by striking ‘(as in effect’ in subparagraph (A) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009),’,

        (B) by striking ‘(as in effect’ in subparagraph (B) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009), and’, and

        (C) by striking ‘(as in effect’ in subparagraph (C) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009).’.

      (2) EXCEPTION TO LIMITATION ON TRANSFERS- Paragraph (2) of section 9504(d) of such Code is amended by striking ‘October 1, 2009’ and inserting ‘October 1, 2010’.

    (c) Effective Date- The amendments made by this section shall take effect on September 30, 2009.

DETERMINATION OF HIGHWAY TRUST FUND BALANCES

    Sec. 2010. (a) Restoration of Certain Foregone Interest to Highway Trust Fund- Subsection (f) of section 9503 of the Internal Revenue Code of 1986 (relating to determination of trust fund balances after September 30, 1998) is amended--

      (1) by striking paragraph (2); and

      (2) by adding at the end the following new paragraph:

      ‘(2) RESTORATION OF FOREGONE INTEREST- Out of money in the Treasury not otherwise appropriated, there is hereby appropriated (without fiscal year limitation)--

        ‘(A) $14,700,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) of the Highway Trust Fund, and

        ‘(B) $4,800,000,000 to the Mass Transit Account of the Highway Trust Fund.’.

    (b) Repeal of Provision Prohibiting Crediting of Interest to Highway Trust Fund-

      (1) IN GENERAL- Paragraph (1) of section 9503(f) of such Code is amended by striking subparagraph (B).

      (2) CONFORMING AMENDMENTS- Such paragraph, as amended by paragraph (1), is further amended--

        (A) by striking ‘, and’ at the end of subparagraph (A) and inserting a period, and

        (B) by striking ‘1998’ in the matter preceding subparagraph (A) and all that follows through ‘the opening balance’ and inserting ‘1998, the opening balance’.

    (c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITS

    Sec. 2011. (a) In General- Subsection (c) of section 9503 of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5).

    (b) Conforming Amendments-

      (1) Section 9502(a) of such Code is amended by striking ‘section 9503(c)(7)’ and inserting ‘section 9503(c)(5)’.

      (2) Section 9503(b)(4)(D) of such Code is amended by striking ‘paragraph (4)(D) or (5)(B)’ and inserting ‘paragraph (3)(D) or (4)(B)’.

      (3) Section 9503(c)(2) of such Code, as redesignated by subsection (a), is amended by adding at the end the following sentence: ‘The amounts payable from the Highway Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund.’.

      (4) Section 9503(e)(5)(A) of such Code is amended by striking ‘paragraphs (2), (3), and (4)’ and inserting ‘paragraphs (2) and (3)’.

      (5) Section 9504(a) of such Code is amended by striking ‘section 9503(c)(4), section 9503(c)(5)’ and inserting ‘section 9503(c)(3), section 9503(c)(4)’.

      (6) Section 9504(b)(2) of such Code is amended by striking ‘section 9503(c)(5)’ and inserting ‘section 9503(c)(4)’.

      (7) Section 9504(e) of such Code is amended by striking ‘section 9503(c)(4)’ and inserting ‘section 9503(c)(3)’.

    (c) Effective Date- The amendments made by this section shall apply to amounts paid, and credits allowed with respect to fuel used, in calendar quarters beginning after the date of the enactment of this Act.

FEDERAL SHARE

    Sec. 2012. (a) In General- Notwithstanding any other provision of law, the Federal share of the cost of a covered project or activity (or portion of a covered project or activity) funded with amounts obligated during the period beginning on the date of enactment of this Act and ending on September 30, 2010, shall be, at the option of the recipient, up to 100 percent.

    (b) Covered Project or Activity Defined-

      (1) IN GENERAL- In this section, the term ‘covered project or activity’ means a project or activity eligible for assistance under titles I through VI of SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I through VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I through V of the Transportation Equity Act for the 21st Century (112 Stat. 107), title 23, United States Code, chapter 53 of title 49, United States Code, chapter 303 of title 49, United States Code, or part B of subtitle VI of title 49, United States Code.

      (2) EXCLUSIONS- Notwithstanding paragraph (1), the term does not include a project or activity funded pursuant to--

        (A) section 1301 or 1302 of SAFETEA-LU (119 Stat. 1198, 1204);

        (B) section 5309(d) or 5309(e) of title 49, United States Code;

        (C) the national infrastructure investments program in the Office of the Secretary of Transportation; or

        (D) section 122 of the Department of Transportation Appropriations Act, 2010.

    (c) References- Any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS

    Sec. 2013. (a) Highways- Section 313 of title 23, United States Code, is amended--

      (1) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively;

      (2) by inserting after subsection (b) the following:

    ‘(c) Requirements for Issuance of Waivers-

      ‘(1) PUBLIC INTEREST WAIVERS- The Secretary may issue a waiver under subsection (b)(1) only after the Secretary has considered the potential impacts of the waiver on domestic manufacturing employment.

      ‘(2) INSUFFICIENT DOMESTIC SOURCE WAIVERS- The Secretary may issue a waiver under subsection (b)(2) with respect to a material or product only if the Secretary publishes notice of the waiver on the Internet for a period of at least 5 business days prior to issuance of the waiver and a sufficient domestic source of the material or product does not identify itself during the period.

    ‘(d) Transparency of Waivers-

      ‘(1) IN GENERAL- When the Secretary receives a written request for a waiver under this section, the Secretary shall--

        ‘(A) publish the request on the Internet within 5 business days of the date of receipt of the request; and

        ‘(B) if the Secretary decides to issue a waiver based on the request, publish on the Internet, within 30 days following the date of issuance of the waiver, a detailed written justification as to why the waiver is necessary, including an identification of the amount of Federal funds associated with the waiver.

      ‘(2) EMPLOYMENT IMPACT STATEMENT- In issuing a waiver based on a finding under subsection (b)(1), the Secretary shall include, as part of the Secretary’s written justification for the waiver decision, a statement detailing the short- and long-term impact of the decision on domestic manufacturing employment.’; and

      (3) by adding at the end the following:

    ‘(i) Application to Bridge Projects- In the case of a bridge project, the requirements of this section apply to all construction contracts carried out within the scope of the applicable decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and carried out on the bridge from abutment to abutment (including the abutments) regardless of the funding source of the contracts if at least one contract for construction with respect to the bridge is funded with amounts made available under this title.’.

    (b) Public Transportation- Section 5323(j) of title 49, United States Code, is amended--

      (1) in paragraph (2)(C) in the matter preceding clause (i) by inserting ‘, but excluding a rolling stock prototype’ after ‘equipment’;

      (2) by redesignating paragraphs (3) through (9) as paragraphs (5) through (11), respectively; and

      (3) by inserting after paragraph (2) the following:

      ‘(3) REQUIREMENTS FOR ISSUANCE OF WAIVER-

        ‘(A) PUBLIC INTEREST WAIVERS- The Secretary may issue a waiver under paragraph (2)(A) only after the Secretary has considered the potential impacts of the waiver on domestic manufacturing employment.

        ‘(B) INSUFFICIENT DOMESTIC SOURCE WAIVERS- The Secretary may issue a waiver under paragraph (2)(B) with respect to a material or product only if the Secretary publishes notice of the waiver on the Internet for a period of at least 5 business days prior to issuance of the waiver and a sufficient domestic source of the material or product does not identify itself during the period.

      ‘(4) TRANSPARENCY OF WAIVERS-

        ‘(A) IN GENERAL- When the Secretary receives a written request for a waiver under this subsection, the Secretary shall--

          ‘(i) publish the request on the Internet within 5 business days of the date of receipt of the request; and

          ‘(ii) if the Secretary decides to issue a waiver based on the request, publish on the Internet, within 30 days following the date of issuance of the waiver, a detailed written justification as to why the waiver is necessary, including an identification of the amount of Federal funds associated with the waiver.

        ‘(B) EMPLOYMENT IMPACT STATEMENT- In issuing a waiver based on a finding under paragraph (2)(A), the Secretary shall include, as part of the Secretary’s written justification of the waiver decision, a statement detailing the short- and long-term impact of the decision on domestic manufacturing employment.’.

    (c) Implementation-

      (1) FINAL GUIDANCE- Not later than 120 days after the date of enactment of this Act, the Secretary shall issue final guidance to carry out the amendments made by this section.

      (2) EFFECTIVE DATE- The requirements of the amendments made by subsections (a) and (b) shall begin to apply only after issuance of final guidance by the Secretary under paragraph (1).

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

TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS

CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

DEPARTMENT OF AGRICULTURE

General Provision, This Chapter

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

    Sec. 3101. (a) In General- To the extent permitted by the Constitution, and notwithstanding any other period of limitations, in the case of an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of the Department of Agriculture, a complainant may, before the end of the filing period--

      (1) file a civil action under subsection (c); or

      (2) request administrative review under subsection (d).

    (b) Eligible Complaint- For purposes of this section, the term ‘eligible complaint’ means any written complaint--

      (1) that is not employment related;

      (2) that was filed with the Department of Agriculture after December 31, 1997, and before the earlier of--

        (A) 2 years after the date of the alleged violation of the Equal Credit Opportunity Act; and

        (B) the date of the enactment of this Act; and

      (3) with respect to which the complainant--

        (A) was not a party to the consent decree in the case entitled ‘Pigford v. Glickman’, approved by the United States District Court for the District of Columbia on April 14, 1999; and

        (B) has not obtained relief from the Department of Agriculture or a court of competent jurisdiction.

    (c) Civil Action- A civil action may be filed under this subsection if, with respect to the eligible complaint, the complainant--

      (1) has not requested administrative review; or

      (2) has requested administrative review, and the Secretary, with respect to each request, has either--

        (A) issued a determination; or

        (B) failed to issue a determination by a date that is 180 days after the date such request was made.

    (d) Administrative Review- Administrative review may be requested under this subsection as follows:

      (1) DETERMINATION ON THE MERITS- A complainant may request a determination on the merits if the complainant, with respect to the eligible complaint, has not filed a civil action.

      (2) HEARING ON THE RECORD- A complainant may request a hearing on the record if the complainant, with respect to the eligible complaint--

        (A) has not filed a civil action;

        (B) has requested a determination on the merits, and the Secretary has not issued such determination by the issuance deadline in subsection (f)(2)(A); and

        (C) requests such hearing no later than 180 days after the issuance deadline in subsection (f)(2)(A).

    (e) Informal Resolution- Notwithstanding any other provision of this section, the Secretary may informally resolve an eligible complaint with a complainant.

    (f) Special Rules for Administrative Review- For purposes of this section:

      (1) REQUESTS FOR ADMINISTRATIVE REVIEW- A request for administrative review shall be--

        (A) in writing; and

        (B) filed in accordance with procedures established by the Secretary.

      (2) RESPONSIBILITY OF SECRETARY- If a complainant requests a determination on the merits under subsection (d)(1), then, unless a complainant, with respect to the eligible complaint, files a civil action or requests a hearing on the record, the Secretary shall, with respect to the eligible complaint, take the following actions:

        (A) ISSUANCE OF DETERMINATION- The Secretary shall, not later than an issuance deadline that is 1 year after the date on which the complainant requests a determination on the merits--

          (i) investigate the eligible complaint; and

          (ii) issue a written determination.

        (B) NOTICE OF FAILURE TO ISSUE TIMELY DETERMINATION- If the Secretary does not issue a written determination by the issuance deadline in subparagraph (A), the Secretary shall promptly issue to the complainant, in writing and by registered mail, notice--

          (i) that the Secretary has not issued a timely determination; and

          (ii) of the period of time during which the complainant may bring a civil action or request a hearing on the record.

      (3) FINALITY OF DETERMINATION WITH RESPECT TO HEARING ON THE RECORD- A determination with respect to a hearing on the record shall be final.

      (4) JUDICIAL REVIEW OF ADMINISTRATIVE DETERMINATION- A determination on the merits or a determination with respect to a hearing on the record shall be subject to de novo review.

    (g) Filing Period-

      (1) IN GENERAL- For purposes of this section, the term ‘filing period’ means the 2-year period beginning on the date of enactment of this Act.

      (2) TOLLING- The running of the filing period in paragraph (1), for the purpose of filing a civil action under subsection (c) or requesting a hearing on the record under subsection (d)(2), shall be tolled for the period that, with respect to the eligible complaint--

        (A) begins on the date of a request for a determination on the merits; and

        (B) ends on the date on which the Secretary issues a determination with respect to a determination on the merits or a hearing on the record.

    (h) Relief-

      (1) AMOUNT- Subject to paragraph (2), a complainant shall, under subsection (a), and may, under subsection (e), be awarded such relief as the complainant would be afforded under the Equal Credit Opportunity Act, including--

        (A) actual damages;

        (B) the costs of the action, together with a reasonable attorney’s fee; and

        (C) debt relief, including--

          (i) write-downs or write-offs of the principal on a loan;

          (ii) write-downs or write-offs of the interest on a loan;

          (iii) reduction of the interest rate on a loan;

          (iv) waiver or reduction of penalties with respect to a loan; or

          (v) other modification of the terms of a loan.

      (2) LIMITATIONS ON RELIEF-

        (A) IN GENERAL- The total amount awarded under this section for all claims shall not exceed $100,000,000.

        (B) ACTUAL DAMAGES, COSTS, AND ATTORNEY’S FEES- The sum of the total amount awarded under paragraph (1)(A) for all claims, plus the total amount awarded under paragraph (1)(B) for all claims, shall not exceed $40,000,000.

        (C) DEBT RELIEF- The total amount awarded under paragraph (1)(C) for all claims shall not exceed $60,000,000.

      (3) EXEMPTION FROM TAXATION- Any award under clauses (ii), (iii), or (iv) of subparagraph (C) of paragraph (1) shall not be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986.

    (i) Funding-

      (1) There is hereby appropriated to the Secretary, for relief awarded under subsection (h)(1), $100,000,000, to remain available until expended.

      (2) Of the funds derived from interest on the cushion of credit payments including funds in the current fiscal year, as authorized by section 313 of the Rural Electrification Act of 1936, an additional $100,000,000 shall not be obligated and an additional $100,000,000 are rescinded.

    (j) Secretary- For purposes of this section, the term ‘Secretary’ means the Secretary of Agriculture.

CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

Small Business Administration

business loans program account

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

General Provision, This Chapter

RESCISSIONS

    Sec. 3201. The following funds are hereby rescinded from the following accounts and programs in the specified amounts:

      (1) ‘National Telecommunications and Information Administration--Digital-to-Analog Converter Box Program’ in the Department of Commerce, $111,000,000.

      (2) ‘Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)’ of the Department of Agriculture, $243,000,000, to be derived from unobligated balances available from amounts placed in reserve in title I of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115).

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

General Provisions, This Chapter

ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

    Sec. 3301. (a)(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--

      (A) by striking ‘December 31, 2009’ each place it appears and inserting ‘June 30, 2010’;

      (B) in the heading for subsection (b)(2), by striking ‘DECEMBER 31, 2009’ and inserting ‘JUNE 30, 2010’; and

      (C) in subsection (b)(3), by striking ‘May 31, 2010’ and inserting ‘November 30, 2010’.

    (2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--

      (A) in paragraph (1)(B), by striking ‘January 1, 2010’ and inserting ‘July 1, 2010’;

      (B) in the heading for paragraph (2), by striking ‘JANUARY 1, 2010’ and inserting ‘JULY 1, 2010’; and

      (C) in paragraph (3), by striking ‘June 30, 2010’ and inserting ‘December 31, 2010’.

    (3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended--

      (A) by striking ‘January 1, 2010’ each place it appears and inserting ‘July 1, 2010’; and

      (B) in subsection (c), by striking ‘June 1, 2010’ and inserting ‘December 1, 2010’.

    (4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ‘May 30, 2010’ and inserting ‘November 30, 2010’.

    (b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ‘by reason of’ and all that follows and inserting the following: ‘by reason of--

        ‘(A) the amendments made by section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act;

        ‘(B) the amendments made by sections 2 through 4 of the Worker, Homeownership, and Business Assistance Act of 2009; and

        ‘(C) the amendments made by section 3301(a)(1) of the Jobs for Main Street Act, 2010; and’.

EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS

    Sec. 3302. (a) Extension of Eligibility Period- Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking ‘December 31, 2009’ and inserting ‘June 30, 2010’.

    (b) Extension of Maximum Duration of Assistance- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘9 months’ and inserting ‘15 months’.

    (c) Rules Related to 2009 Extension- Subsection (a) of such section is further amended by adding at the end the following:

      ‘(16) RULES RELATED TO 2009 EXTENSION-

        ‘(A) ELECTION TO PAY PREMIUMS RETROACTIVELY AND MAINTAIN COBRA COVERAGE- In the case of any premium for a period of coverage during an assistance eligible individual’s transition period, such individual shall be treated for purposes of any COBRA continuation provision as having timely paid the amount of such premium if--

          ‘(i) such individual was covered under the COBRA continuation coverage to which such premium relates for the period of coverage immediately preceding such transition period, and

          ‘(ii) such individual pays, not later than 60 days after the date of the enactment of this paragraph (or, if later, 30 days after the date of provision of the notification required under subparagraph (D)(ii)), the amount of such premium, after the application of paragraph (1)(A).

        ‘(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUM ASSISTANCE ELIGIBILITY- In the case of an assistance eligible individual who pays, with respect to any period of COBRA continuation coverage during such individual’s transition period, the premium amount for such coverage without regard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply.

        ‘(C) TRANSITION PERIOD-

          ‘(i) IN GENERAL- For purposes of this paragraph, the term ‘transition period’ means, with respect to any assistance eligible individual, any period of coverage if--

            ‘(I) such period begins before the date of the enactment of this paragraph, and

            ‘(II) paragraph (1)(A) applies to such period by reason of the amendment made by section 3302(b) of the Jobs for Main Street Act, 2010.

          ‘(ii) CONSTRUCTION- Any period during the period described in subclauses (I) and (II) of clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) shall be treated as a period of coverage referred to in such paragraph, irrespective of any failure to timely pay the applicable premium (other than pursuant to subparagraph (A)) for such period.

        ‘(D) NOTIFICATION-

          ‘(i) IN GENERAL- In the case of an individual who was an assistance eligible individual at any time on or after October 31, 2009, or experiences a qualifying event (consisting of a reduction of hours or termination of employment) relating to COBRA continuation coverage on or after such date, the administrator of the group health plan (or other entity) involved shall provide an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010 within 60 days after the date of the enactment of such Act or, in the case of a qualifying event occurring after such date of enactment, consistent with the timing of notifications under paragraph (7)(A).

          ‘(ii) TO INDIVIDUALS WHO LOST ASSISTANCE- In the case of an assistance eligible individual described in subparagraph (A)(i) who did not timely pay the premium for any period of coverage during such individual’s transition period or paid the premium for such period without regard to paragraph (1)(A), the administrator of the group health plan (or other entity) involved shall provide to such individual, within the first 60 days of such individual’s transition period, an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010, including information on the ability under subparagraph (A) to make retroactive premium payments with respect to the transition period of the individual in order to maintain COBRA continuation coverage.

          ‘(iii) APPLICATION OF RULES- Rules similar to the rules of paragraph (7) shall apply with respect to notifications under this subparagraph.’.

    (d) Clarifications Relating to Section 3001 of ARRA-

      (1) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS BASED ON TIMING OF QUALIFYING EVENT- Subsection (a) of such section is amended--

        (A) in paragraph (3)(A)--

          (i) by striking ‘at any time’ and inserting ‘such qualified beneficiary is eligible for COBRA continuation coverage related to a qualifying event occurring’; and

          (ii) by striking ‘, such qualified beneficiary is eligible for COBRA continuation coverage’; and

        (B) in paragraph (7)(A), by striking ‘become entitled to elect COBRA continuation coverage’ and inserting ‘have a qualifying event relating to COBRA continuation coverage’.

      (2) CLARIFICATION REGARDING RETIREE COVERAGE- Subsection (a)(2)(A)(i) of such section is amended by inserting ‘coverage under a retiree health plan,’ after ‘other than’.

      (3) CLARIFICATION REGARDING COBRA CONTINUATION RESULTING FROM REDUCTIONS IN HOURS- Subsection (a) of such section is further amended--

        (A) in paragraph (3)(C), by inserting before the period at the end the following: ‘or consists of a reduction of hours followed by such an involuntary termination of employment during such period’; and

        (B) by adding at the end the following:

      ‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS LOSING COVERAGE BECAUSE OF A REDUCTION OF HOURS-

        ‘(A) NEW ELECTION PERIOD-

          ‘(i) IN GENERAL- For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual after the date of the enactment of the Jobs for Main Street Act, 2010, shall be treated as a qualifying event.

          ‘(ii) COUNTING COBRA DURATION PERIOD FROM PREVIOUS QUALIFYING EVENT- In any case of an individual referred to in clause (i), the period of such individual’s continuation coverage shall be determined as though the qualifying event were the reduction of hours of employment.

          ‘(iii) CONSTRUCTION- Nothing in this paragraph shall be construed as requiring an individual referred to in clause (i) to make a payment for COBRA continuation coverage between the reduction of hours and the involuntary termination of employment.

          ‘(iv) PREEXISTING CONDITIONS- With respect to an individual referred to in clause (i) who elects COBRA continuation coverage pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall apply.

        ‘(B) NOTICES- In the case of an individual described in subparagraph (C), the administrator of the group health plan (or other entity) involved shall provide, during the 60-day period beginning on the date of such individual’s termination of employment, an additional notification described in paragraph (7)(A), including information on the provisions of this paragraph. Rules similar to the rules of paragraph (7) shall apply with respect to such notification.

        ‘(C) INDIVIDUALS DESCRIBED- Individuals described in this subparagraph are individuals who are assistance eligible individuals on the basis of a qualifying event consisting of a reduction of hours occurring during the period described in paragraph (3)(A) followed by an involuntary termination of employment insofar as such termination of employment occurred after the date of the enactment of the Jobs for Main Street Act, 2010.’.

      (4) CLARIFICATION OF PERIOD OF ASSISTANCE- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘of the first month’.

      (5) ENFORCEMENT- Subsection (a)(5) of such section is amended by adding at the end the following: ‘In addition to civil actions that may be brought to enforce applicable provisions of such Act or other laws, the appropriate Secretary or an affected individual may bring a civil action to enforce such determinations and for appropriate relief. In addition, such Secretary may assess a penalty against a plan sponsor or health insurance issuer of not more than $110 per day for each failure to comply with such determination of such Secretary after 10 days after the date of the plan sponsor’s or issuer’s receipt of the determination.’.

      (6) AMENDMENTS RELATING TO SECTION 3001 OF ARRA-

        (A) Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended by striking ‘section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009’.

        (B) Section 139C of such Code is amended by striking ‘section 3002 of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001 of title III of division B of the American Recovery and Reinvestment Act of 2009’.

        (C) Section 6432 of such Code is amended--

          (i) in subsection (a), by striking ‘section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009’;

          (ii) in subsection (c)(3), by striking ‘section 3002(a)(1)(A) of such Act’ in subsection (c)(3) and inserting ‘section 3001(a)(1)(A) of title III of division B of the American Recovery and Reinvestment Act of 2009’; and

          (iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection:.

    ‘(e) Employer Determination of Qualifying Event as Involuntary Termination- For purposes of this section, in any case in which--

      ‘(1) based on a reasonable interpretation of section 3001(a)(3)(C) of division B of the American Recovery and Reinvestment Act of 2009 and administrative guidance thereunder, an employer determines that the qualifying event with respect to COBRA continuation coverage for an individual was involuntary termination of a covered employee’s employment, and

      ‘(2) the employer maintains supporting documentation of the determination, including an attestation by the employer of involuntary termination with respect to the covered employee,

    the qualifying event for the individual shall be deemed to be involuntary termination of the covered employee’s employment.’.

        (D) Subsection (a) of section 6720C of such Code is amended by striking ‘section 3002(a)(2)(C) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a)(2)(C) of title III of division B of the American Recovery and Reinvestment Act of 2009’.

    (e) Effective Date- The amendments made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate, except that--

      (1) the amendments made by subsections (d)(2) and (d)(3) shall apply to periods of coverage beginning after the date of the enactment of this Act; and

      (2) the amendment made by subsection (d)(5) shall take effect on the date of the enactment of this Act.

EXTENSION OF RECOVERY ACT INCREASE IN FMAP

    Sec. 3303. Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended--

      (1) in subsection (a)(3), by striking ‘first calendar quarter’ and inserting ‘first 3 calendar quarters’;

      (2) in subsection (b)(2), by inserting before the period at the end the following: ‘and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010’;

      (3) in subsection (c)(4)(C)(ii), by striking ‘December 2009’ and ‘January 2010’ and inserting ‘June 2010’ and ‘July 2010’, respectively;

      (4) in subsection (d), by inserting ‘ending before October 1, 2010’ after ‘entire fiscal years’ and after ‘with respect to fiscal years’;

      (5) in subsection (g)(1), by striking ‘September 30, 2011’ and inserting ‘March 31, 2012’; and

      (6) in subsection (h)(3), by striking ‘December 31, 2010’ and inserting ‘June 30, 2011’.

REPEAL OF EARNED INCOME THRESHOLD FOR DETERMINING REFUNDABLE PORTION OF CHILD TAX CREDIT

    Sec. 3304. (a) In General- Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

          ‘(i) 15 percent of the taxpayer’s earned income (within the meaning of section 32) which is taken into account in computing taxable income, or’.

    (b) Conforming Amendments- Subsection (d) of section 24 of such Code is amended--

      (1) by striking paragraph (3), and

      (2) by striking paragraph (4).

    (c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

    (d) Application of EGTRRA Sunset- The amendments made by subsection (a) and (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.

HHS POVERTY GUIDELINES

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

REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS

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

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

    ‘(a) In General- Notwithstanding any other provision of law, any refund (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for the month of receipt and the following 11 months, for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (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.

    ‘(b) Termination- Subsection (a) shall not apply to any amount received after December 31, 2010.’.

    (b) Clerical Amendment- The table of sections for such subchapter is amended by adding at the end the following new item:

      ‘Sec. 6409. Refunds disregarded in the administration of Federal programs and Federally assisted programs.’.

    (c) Effective Date- The amendment made by this section shall apply to amounts received after December 31, 2009.

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

    Sec. 3307. (a) Permanent Extension of Attorney Fee Withholding Procedures to Title XVI-

      (1) IN GENERAL- Section 302 of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is amended--

        (A) in the section heading, by striking ‘temporary’; and

        (B) in subsection (c), by striking ‘Effective Date- ’ and all that follows through ‘The amendments’ and inserting ‘Effective Date- The amendments’, and by striking paragraph (2).

      (2) CLERICAL AMENDMENT- The item relating to section 302 in the table of contents in section 1(b) of such Act is amended by striking ‘Temporary extension’ and inserting ‘Extension’.

    (b) Permanent Extension of Fee Withholding Procedures to Qualified Non-attorney Representatives-

      (1) IN GENERAL- Section 206 of the Social Security Act (42 U.S.C. 406) is amended by adding at the end the following new subsection:

    ‘(e)(1) The Commissioner shall provide for the extension of the fee withholding procedures and assessment procedures that apply under the preceding provisions of this section to agents and other persons, other than attorneys, who represent claimants under this title before the Commissioner.

    ‘(2) Fee-withholding procedures may be extended under paragraph (1) to any nonattorney representative only if such representative meets at least the following prerequisites:

      ‘(A) The representative has been awarded a bachelor’s degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience.

      ‘(B) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of this Act and the most recent developments in agency and court decisions affecting this title and title XVI.

      ‘(C) The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative.

      ‘(D) The representative has undergone a criminal background check to ensure the representative’s fitness to practice before the Commissioner.

      ‘(E) The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under this title and title XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe.

    ‘(3)(A) The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2).

    ‘(B) Fees collected under subparagraph (A) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate.

    ‘(C) The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).’.

      (2) CONFORMING AMENDMENTS-

        (A) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A)) is amended--

          (i) in clause (iv), by striking ‘and’ at the end;

          (ii) in clause (v), by striking the period at the end and inserting ‘; and’; and

          (iii) by adding at the end the following new clause:

        ‘(vi) by substituting, in subsection (e)(1)--

          ‘(I) ‘subparagraphs (B) and (C) of section 1631(d)(2)’ for ‘the preceding provisions of this section’; and

          ‘(II) ‘title XVI’ for ‘this title’.’.

        (B) Section 303(e)(2) of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 523) is amended by striking ‘AND FINAL REPORT’ in the heading and by striking the last sentence.

      (3) EFFECTIVE DATE- The Commissioner of Social Security shall provide for full implementation of the provisions of section 206(e) of the Social Security Act (as added by paragraph (1)) and the amendments made by paragraph (2) not later than March 1, 2010.

CHAPTER 4--GENERAL PROVISIONS, THIS TITLE

EMERGENCY DESIGNATIONS

    Sec. 3401. (a) In General- Each amount in this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

    (b) PAYGO- All applicable provisions in this title are designated as an emergency for purposes of pay-as-you-go principles.

TITLE IV--GENERAL PROVISIONS, THIS ACT

PERIOD OF AVAILABILITY

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

BUY AMERICA

    Sec. 4002. All funds provided under this Act shall be subject to the requirements of section 1605 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

    This divison may be cited as the ‘Jobs for Main Street Act, 2010’.

DIVISION B--STATUTORY PAY-AS-YOU-GO ACT OF 2009

SEC. 101. SHORT TITLE.

    This division may be cited as the ‘Statutory Pay-As-You-Go Act of 2009’.

SEC. 102. PURPOSE.

    The purpose of this division is to reestablish a statutory procedure to enforce a rule of budget neutrality on new revenue and direct spending legislation.

SEC. 103. DEFINITIONS.

    As used in this division--

      (1) The term ‘BBEDCA’ means the Balanced Budget and Emergency Deficit Control Act of 1985.

      (2) The definitions set forth in section 3 of the Congressional Budget and Impoundment Control Act of 1974 and in section 250 of BBEDCA shall apply to this division, except to the extent that they are specifically modified as follows:

        (A) The term ‘outyear’ means a fiscal year that occurs one or more years after the budget year.

        (B) In section 250(c)(8)(C), the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.

      (3) The term ‘AMT’ means the Alternative Minimum Tax for individuals under sections 55-59 of the Internal Revenue Code of 1986, the term ‘EGTRRA’ means the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16), and the term ‘JGTRRA’ means the Jobs and Growth Tax Relief and Reconciliation Act of 2003 (Public Law 108-27).

      (4)(A) The term ‘budgetary effects’ means the amounts by which PAYGO legislation changes direct spending or revenues relative to the baseline and shall be determined on the basis of estimates included by reference in the PAYGO Act or prepared under section 104(d)(3), as applicable. Budgetary effects that increase direct spending or decrease revenues are termed ‘costs’ and budgetary effects that increase revenues or decrease direct spending are termed ‘savings’.

      (B) For purposes of these definitions, off-budget effects shall be counted as budgetary effects unless such changes flow directly from amendments to title II of the Social Security Act and related provisions of the Internal Revenue Code of 1986 and debt service effects shall not be counted as budgetary effects.

      (C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appropriations Acts are also considered to be budgetary effects for purposes of this division if such provisions make outyear modifications to substantive law, except that provisions for which the outlay effects net to zero over a period consisting of the current year, the budget year, and the 4 subsequent years shall not be considered budgetary effects. For purposes of this paragraph, the term, ‘modifications to substantive law’ refers to changes to or restrictions on entitlement law or other mandatory spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA. Provisions in appropriations Acts that are neither outyear modifications to substantive law nor changes in revenues have no budgetary effects for purposes of this division.

      (D) If a provision is designated as an emergency requirement under this division and is also designated as an emergency requirement under the applicable rules of the House of Representatives, CBO shall not include the cost of such a provision in its estimate of the PAYGO legislation’s budgetary effects.

      (5) The term ‘debit’ refers to the net total amount, when positive, by which costs recorded on the PAYGO scorecards for a fiscal year exceed savings recorded on those scorecards for that year.

      (6) The term ‘entitlement law’ refers to a section of law which provides entitlement authority.

      (7) The term ‘PAYGO legislation’ or a ‘PAYGO Act’ refers to a bill or joint resolution that affects direct spending or revenue relative to the baseline. The budgetary effects of changes in revenues and outyear modifications to substantive law included in appropriation Acts as defined in paragraph (4) shall be treated as if they were contained in PAYGO legislation.

      (8) The term ‘timing shift’ refers to a delay of the date on which direct spending would otherwise occur from the ninth outyear to the tenth outyear or an acceleration of the date on which revenues would otherwise occur from the tenth outyear to the ninth outyear.

SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS.

    (a) Paygo Estimates- (1) A PAYGO Act shall include by reference an estimate of its budgetary effects as determined under section 308(a)(3) of the Congressional Budget Act of 1974, if timely submitted for printing in the Congressional Record by the chairs of the Committees on the Budget of the House of Representatives and the Senate, as applicable, before the vote on the PAYGO legislation. The Clerk of the House or the Secretary of the Senate, as applicable, shall also incorporate by reference such estimate printed in the relevant portion of the Congressional Record under section 308(a)(3) of the Congressional Budget Act of 1974 into the enrollment of a PAYGO Act. Budgetary effects that are not so included shall be determined under section 104(d)(3).

    (2)(A) Section 308(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph:

      ‘(3) CBO PAYGO ESTIMATES- Before a vote in either House on a PAYGO Act that, if determined in the affirmative, would clear such Act for enrollment, the chairs of the Committees on the Budget of the House and Senate, as applicable, shall request from the Director of the Congressional Budget Office an estimate of the budgetary effects of such Act under the Statutory Pay-As-You-Go Act of 2009. If such an estimate is timely provided, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall post such estimate on their respective committee websites and cause it to be printed in the Congressional Record under the heading ‘PAYGO ESTIMATE’. For purposes of this section, the Director of the Congressional Budget Office shall not count timing shifts in his estimates of the budgetary effects of PAYGO legislation (as defined in section 103 of the Statutory Pay-As-You-Go Act of 2009).’.

    (B) The side heading of section 308(a) of the Congressional Budget Act of 1974 is amended by striking ‘Reports on’.

    (b) Section 308 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:

    ‘(d) Scorekeeping Guidelines- The Director of the Congressional Budget Office shall provide estimates under this section in accordance with the scorekeeping guidelines determined under section 252(d)(5) of the Balanced Budget and Emergency Deficit Control Act of 1985. Upon agreement, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall submit updates to such guidelines for printing in the Congressional Record.’.

    (c) Current Policy Adjustments for Certain Legislation- For purposes of calculating budgetary effects under this division, CBO shall adjust its estimates as described below for any provision of legislation designated as meeting the criteria in subsection (b), (c), or (d) of section 107 and which the chairman of the Committee on the Budget of the House of Representatives or the Senate, as applicable, designates as meeting those criteria. A single piece of legislation may contain provisions designated as meeting criteria in more than one of the subsections listed above. For appropriately designated provisions, CBO shall exclude from its estimates for purposes of this division any costs of a provision to the extent that those costs, when combined with all other excluded costs of any other previously designated provisions of enacted legislation under the same subsection of section 107, do not exceed the maximum applicable current policy adjustment defined under the applicable subsection of section 107 for the applicable 10-year period, using the most recent baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 used in considering a concurrent resolution on the budget; or, after the beginning of a new calendar year and before consideration of a concurrent resolution on the budget, using the most recent baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. CBO estimates of legislation containing a current policy designation under this subsection shall include a separate presentation of costs excluded from the calculation of budgetary effects for the legislation, as well as an updated total of all excluded costs of provisions within the same subsection of section 107.

    (d) OMB Paygo Scorecards-

      (1) IN GENERAL- OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 308 of the Congressional Budget Act of 1974, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.

      (2) ESTIMATES IN LEGISLATION- Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation.

      (3) OMB ESTIMATES- If legislation does not contain the estimate of budgetary effects under paragraph (2), then OMB shall score the budgetary effects of that legislation upon its enactment, based on the approaches to scorekeeping set forth in this division.

      (4) 5-year SCORECARD- The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.

      (5) 10-year SCORECARD- The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.

    (e) Look-back to Capture Current-year Effects- For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.

    (f) Averaging Used to Measure Compliance Over 5-year and 10-year Periods- OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes any look-back effects under subsection (e)) and--

      (1) for purposes of the 5-year scorecard referred to in subsection (d)(4), the four subsequent outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and in each subsequent column of the 5-year PAYGO scorecard; and

      (2) for purposes of the 10-year scorecard referred to in subsection (d)(5), the nine subsequent outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and in each subsequent column of the 10-year PAYGO scorecard.

SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER.

    (a) Annual Report- Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under section 104(c), information about emergency legislation (if any) designated under section 103(4)(D), information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this division and actions taken under it.

    (b) Sequestration Order- If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in section 106. If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall include that order in the annual report and transmit it to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the budget year and the subsequent fiscal year because of that sequestration.

SEC. 106. CALCULATING A SEQUESTRATION.

    (a) Reducing Nonexempt Budgetary Resources by a Uniform Percentage- OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in section 256(d) of BBEDCA shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.

    (b) Outlay Savings- In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count--

      (1) the amount by which the sequestration in a crop year of crop support payments, pursuant to section 256(j) of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year;

      (2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to section 256(d) of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year; and

      (3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.

SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ESTIMATES.

    (a) Purpose- The purpose of this section is to provide for adjustments of estimates of budgetary effects of PAYGO legislation for legislation affecting four areas of the budget--

      (1) payments made under section 1848 of the Social Security Act (titled Payment for Physicians’ Services);

      (2) the Estate and Gift Tax under subtitle B of the Internal Revenue Code of 1986;

      (3) the AMT; and

      (4) provisions of EGTRRA or JGTRRA that amended the Internal Revenue Code of 1986 (or provisions in later statutes further amending the amendments made by EGTRRA or JGTRRA), other than--

        (A) the provisions of those two Acts that were made permanent by the Pension Protection Act of 2006 (Public Law 109-280);

        (B) amendments to the estate and gift tax referred to in paragraph (2);

        (C) the AMT referred to in paragraph (3);

        (D) the 35 percent bracket and that portion of the 33 percent bracket that applies to taxable income greater than $200,000 for an individual and $250,000 for a couple; and

        (E) provisions in those two Acts relating to taxes rates on capital gains and dividends.

    (b) Medicare Payments to Physicians-

      (1) CRITERIA- Legislation that includes provisions amending or superseding the system of payments under section 1848 of the Social Security Act shall trigger the current policy adjustment required by this division.

      (2) ADJUSTMENT- The amount of the maximum current policy adjustment shall be the difference between--

        (A) estimated net outlays attributable to the payments made to physicians under that section of the Social Security Act (as scheduled on July 15, 2009, to be in effect); and

        (B) what those net outlays would have been if the nominal payment rates and related parameters in effect for 2009 had been in effect thereafter without change.

    (c) Estate and Gift Tax-

      (1) CRITERIA- Legislation that includes provisions amending the Estate and Gift Tax under subtitle B of the Internal Revenue Code of 1986 shall trigger the current policy adjustment required by this division.

      (2) ADJUSTMENT- The amount of the maximum current policy adjustment shall be the difference between--

        (A) total revenues projected to be collected under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be in effect); and

        (B) what those revenue collections would have been if, on the date of enactment of the legislation meeting the criteria in paragraph (1), estate and gift tax law had instead been amended so that the tax rates, nominal exemption amounts, and related parameters in effect for tax year 2009 had remained in effect thereafter without change.

    (d) Permanent Extension of Middle-Class Tax Cuts and AMT Relief-

      (1) CRITERIA- Legislation that includes provisions extending middle-class tax cuts or AMT relief shall trigger the current policy adjustment required by this division if those provisions extend one or more of the following provisions--

        (A) AMT relief for calendar year 2010 and subsequent years in such a manner that the number of AMT taxpayers is not estimated to exceed the number of AMT taxpayers in tax year 2008 in any year through the tenth year after enactment;

        (B) the 10 percent bracket as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

        (C) the child tax credit as in effect for tax year 2010, as provided for under section 201 of the Economic Growth and Tax Relief Reconciliation Act and any later amendments through July 15, 2009;

        (D) tax benefits for married couples as in effect for tax year 2010, as provided for under title III of the Economic Growth and Tax Relief Reconciliation Act and any later amendments through July 15, 2009;

        (E) the adoption credit as in effect in tax year 2010, as provided for under section 202 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

        (F) the dependent care credit as in effect in tax year 2010, as provided for under section 204 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

        (G) the employer-provided child care credit as in effect in tax year 2010, as provided for under section 205 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

        (H) the education tax benefits as in effect in tax year 2010, as provided for under title IV of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

        (I) the 25 and 28 percent brackets as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009; and

        (J) the 33 percent brackets as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendment affecting taxpayers with taxable income of $200,000 or less for individuals and $250,000 or less for couples in calendar year 2010 and increased in each subsequent year by an amount equal to the cost of living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2008’ for ‘calendar year 1992’ in subparagraph (B) thereof.

      (2) ADJUSTMENT- The amount of the maximum current policy adjustment shall be the difference between what total revenues would have been under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be in effect) and what revenues would be if legislation--

        (A) permanently extending the AMT exemption and brackets in effect in tax year 2009 but increased in tax year 2010 and each subsequent tax year as indicated under subsection (d)(2)(B), along with any additional amount necessary to prevent the number of taxpayers who must pay AMT from increasing; and

        (B) permanently extending the provisions identified in paragraph (1),

      were enacted on the same day as the legislation referred to in paragraph (1).

SEC. 108. APPLICATION OF BBEDCA.

    For purposes of this division--

      (1) notwithstanding section 275 of BBEDCA, the provisions of sections 255, 256, 257, and 274 of BBEDCA, as amended by this division, shall apply to the provisions of this division;

      (2) references in sections 255, 256, 257, and 274 to ‘this part’ or ‘this title’ shall be interpreted as applying to this division;

      (3) references in sections 255, 256, 257, and 274 of BBEDCA to ‘section 254’ shall be interpreted as referencing section 105 of this division;

      (4) the reference in section 256(b) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 105 of this division;

      (5) the reference in section 256(d)(1) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 106 of this division;

      (6) the reference in section 256(d)(4) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 105 of this division;

      (7) section 256(k) of BBEDCA shall apply to a sequestration, if any, under this division; and

      (8) references in section 257(e) of BBEDCA to ‘section 251, 252, or 253’ shall be interpreted as referencing section 104 of this division.

SEC. 109. TECHNICAL CORRECTIONS.

    (a) Section 250(c)(18) of BBEDCA is amended by striking ‘the expenses the Federal deposit insurance agencies’ and inserting ‘the expenses of the Federal deposit insurance agencies’.

    (b) Section 256(k)(1) of BBEDCA is amended by striking ‘in paragraph (5)’ and inserting ‘in paragraph (6)’.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Section 256(a) of BBEDCA is repealed.

    (b) Section 256(b) of BBEDCA is amended by striking ‘origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point.’ and inserting in lieu thereof ‘origination fees under sections 438(c)(2) and (6) and 455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.’.

    (c) Section 256(c) of BBEDCA is repealed.

    (d) Section 256(d) of BBEDCA is amended--

      (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (6);

      (2) by amending paragraph (1) to read as follows:

      ‘(1) CALCULATION OF REDUCTION IN PAYMENT AMOUNTS- To achieve the total percentage reduction in those programs required by section 252 or 253, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act, OMB shall determine, and the applicable Presidential order under section 254 shall implement, the percentage reduction that shall apply, with respect to the health insurance programs under title XVIII of the Social Security Act--

        ‘(A) in the case of parts A and B of such title, to individual payments for services furnished during the one-year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); and

        ‘(B) in the case of parts C and D, to monthly payments under contracts under such parts for the same one-year period;

      such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that period.’;

      (3) by inserting after paragraph (1) the following:

      ‘(2) UNIFORM REDUCTION RATE; MAXIMUM PERMISSIBLE REDUCTION- Reductions in payments for programs and activities under such title XVIII pursuant to a sequestration order under section 254 shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.’;

      (4) by inserting after paragraph (3), as redesignated, the following:

      ‘(4) TIMING OF SUBSEQUENT SEQUESTRATION ORDER- A sequestration order required by section 252 or 253 with respect to programs under such title XVIII shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).’;

      (5) in paragraph (6), as redesignated, to read as follows:

      ‘(6) SEQUESTRATION DISREGARDED IN COMPUTING PAYMENT AMOUNTS- The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this part, for purposes of computing any adjustments to payment rates under such title XVIII, specifically including--

        ‘(A) the part C growth percentage under section 1853(c)(6);

        ‘(B) the part D annual growth rate under section 1860D-2(b)(6); and

        ‘(C) application of risk corridors to part D payment rates under section 1860D-15(e).’; and

      (6) by adding after paragraph (6), as redesignated, the following:

      ‘(7) EXEMPTIONS FROM SEQUESTRATION- In addition to the programs and activities specified in section 255, the following shall be exempt from sequestration under this part:

        ‘(A) PART D LOW-INCOME SUBSIDIES- Premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act.

        ‘(B) PART D CATASTROPHIC SUBSIDY- Payments under section 1860D-15(b) and (e)(2)(B) of the Social Security Act.

        ‘(C) QUALIFIED INDIVIDUAL (QI) PREMIUMS- Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act.’.

SEC. 111. EXEMPT PROGRAMS AND ACTIVITIES.

    (a) Designations- Section 255 of BBEDCA is amended by redesignating subsection (i) as (j) and striking ‘1998’ and inserting in lieu thereof ‘2010’.

    (b) Social Security, Veterans Programs, Net Interest, and Tax Credits- Subsections (a) through (d) of section 255 of BBEDCA are amended to read as follows:

    ‘(a) Social Security Benefits and Tier I Railroad Retirement Benefits- Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45, United States Code, shall be exempt from reduction under any order issued under this part.

    ‘(b) Veterans Programs- The following program shall be exempt from reduction under any order issued under this part--

      ‘All programs administered by the Department of Veterans Affairs.

      ‘Special Benefits for Certain World War II Veterans (28-0401-0-1-701).

    ‘(c) Net Interest- No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this part.

    ‘(d) Refundable Income Tax Credits- Payments to individuals made pursuant to provisions of the Internal Revenue Code of 1986 establishing refundable tax credits shall be exempt from reduction under any order issued under this part.’.

    (c) Other Programs and Activities, Low-income Programs, and Economic Recovery Programs- Subsections (g) and (h) of section 255 of BBEDCA are amended to read as follows:

    ‘(g) Other Programs and Activities-

      ‘(1)(A) The following budget accounts and activities shall be exempt from reduction under any order issued under this part:

        ‘Activities resulting from private donations, bequests, or voluntary contributions to the Government.

        ‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.

        ‘Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-808).

        ‘Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).

        ‘Black Lung Disability Trust Fund Refinancing (16-0329-0-1-601).

        ‘Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93-454 (1974), as amended (89-4045-0-3-271).

        ‘Claims, Judgments, and Relief Acts (20-1895-0-1-808).

        ‘Compact of Free Association (14-0415-0-1-808).

        ‘Compensation of the President (11-0209-01-1-802).

        ‘Comptroller of the Currency, Assessment Funds (20-8413-0-8-373).

        ‘Continuing Fund, Southeastern Power Administration (89-5653-0-2-271).

        ‘Continuing Fund, Southwestern Power Administration (89-5649-0-2-271).

        ‘Dual Benefits Payments Account (60-0111-0-1-601).

        ‘Emergency Fund, Western Area Power Administration (89-5069-0-2-271).

        ‘Exchange Stabilization Fund (20-4444-0-3-155).

        ‘Federal Deposit Insurance Corporation, Deposit Insurance Fund (51-4596-4-4-373).

        ‘Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51-4065-0-3-373).

        ‘Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51-4458-0-3-373).

        ‘Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51-4457-0-3-373).

        ‘Federal Housing Finance Agency, Administrative Expenses (95-5532-0-2-371).

        ‘Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20-1713-0-1-752).

        ‘Federal Payment to the District of Columbia Pension Fund (20-1714-0-1-601).

        ‘Federal Payments to the Railroad Retirement Accounts (60-0113-0-1-601).

        ‘Federal Reserve Bank Reimbursement Fund (20-1884-0-1-803).

        ‘Financial Agent Services (20-1802-0-1-803).

        ‘Foreign Military Sales Trust Fund (11-8242-0-7-155).

        ‘Hazardous Waste Management, Conservation Reserve Program (12-4336-0-3-999).

        ‘Host Nation Support Fund for Relocation (97-8337-0-7-051).

        ‘Internal Revenue Collections for Puerto Rico (20-5737-0-2-806).

        ‘Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.

        ‘Medical Facilities Guarantee and Loan Fund (75-9931-0-3-551).

        ‘National Credit Union Administration, Central Liquidity Facility (25-4470-0-3-373).

        ‘National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25-4476-0-3-376).

        ‘National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25-4473-0-3-371).

        ‘National Credit Union Administration, Credit Union Share Insurance Fund (25-4468-0-3-373).

        ‘National Credit Union Administration, Credit Union System Investment Program (25-4474-0-3-376).

        ‘National Credit Union Administration, Operating fund (25-4056-0-3-373).

        ‘National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25-4469-0-3-376).

        ‘National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25-4475-0-3-376).

        ‘Office of Thrift Supervision (20-4108-0-3-373).

        ‘Panama Canal Commission Compensation Fund (16-5155-0-2-602).

        ‘Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15-0100-0-1-153).

        ‘Payment to Civil Service Retirement and Disability Fund (24-0200-0-1-805).

        ‘Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97-0850-0-1-054).

        ‘Payment to Judiciary Trust Funds (10-0941-0-1-752).

        ‘Payment to Military Retirement Fund (97-0040-0-1-054).

        ‘Payment to the Foreign Service Retirement and Disability Fund (19-0540-0-1-153).

        ‘Payments to Copyright Owners (03-5175-0-2-376).

        ‘Payments to Health Care Trust Funds (75-0580-0-1-571).

        ‘Payment to Radiation Exposure Compensation Trust Fund (15-0333-0-1-054).

        ‘Payments to Social Security Trust Funds (28-0404-0-1-651).

        ‘Payments to the United States Territories, Fiscal Assistance (14-0418-0-1-806).

        ‘Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.

        ‘Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801).

        ‘Postal Service Fund (18-4020-0-3-372).

        ‘Radiation Exposure Compensation Trust Fund (15-8116-0-1-054).

        ‘Reimbursement to Federal Reserve Banks (20-0562-0-1-803).

        ‘Salaries of Article III judges.

        ‘Soldiers and Airmen’s Home, payment of claims (84-8930-0-7-705).

        ‘Tennessee Valley Authority Fund, except nonpower programs and activities (64-4110-0-3-999).

        ‘Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-8030-0-7-452), White Earth Settlement (14-2204-0-1-452), and Indian Water Rights and Habitat Acquisition (14-5505-0-2-303).

        ‘United Mine Workers of America 1992 Benefit Plan (95-8260-0-7-551).

        ‘United Mine Workers of America 1993 Benefit Plan (95-8535-0-7-551).

        ‘United Mine Workers of America Combined Benefit Fund (95-8295-0-7-551).

        ‘United States Enrichment Corporation Fund (95-4054-0-3-271).

        ‘Universal Service Fund (27-5183-0-2-376).

        ‘Vaccine Injury Compensation (75-0320-0-1-551).

        ‘Vaccine Injury Compensation Program Trust Fund (20-8175-0-7-551).

      ‘(B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued under this part:

        ‘Black Lung Disability Trust Fund (20-8144-0-7-601).

        ‘Central Intelligence Agency Retirement and Disability System Fund (56-3400-0-1-054).

        ‘Civil Service Retirement and Disability Fund (24-8135-0-7-602).

        ‘Comptrollers general retirement system (05-0107-0-1-801).

        ‘Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14-9924-0-2-303).

        ‘Court of Appeals for Veterans Claims Retirement Fund (95-8290-0-7-705).

        ‘Department of Defense Medicare-Eligible Retiree Health Care Fund (97-5472-0-2-551).

        ‘District of Columbia Federal Pension Fund (20-5511-0-2-601).

        ‘District of Columbia Judicial Retirement and Survivors Annuity Fund (20-8212-0-7-602).

        ‘Energy Employees Occupational Illness Compensation Fund (16-1523-0-1-053).

        ‘Foreign National Employees Separation Pay (97-8165-0-7-051).

        ‘Foreign Service National Defined Contributions Retirement Fund (19-5497-0-2-602).

        ‘Foreign Service National Separation Liability Trust Fund (19-8340-0-7-602).

        ‘Foreign Service Retirement and Disability Fund(19-8186-0-7-602).

        ‘Government Payment for Annuitants, Employees Health Benefits (24-0206-0-1-551).

        ‘Government Payment for Annuitants, Employee Life Insurance (24-0500-0-1-602).

        ‘Judicial Officers’ Retirement Fund (10-8122-0-7-602).

        ‘Judicial Survivors’ Annuities Fund (10-8110-0-7-602).

        ‘Military Retirement Fund (97-8097-0-7-602).

        ‘National Railroad Retirement Investment Trust (60-8118-0-7-601).

        ‘National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306).

        ‘Pensions for former Presidents (47-0105-0-1-802).

        ‘Postal Service Retiree Health Benefits Fund (24-5391-0-2-551).

        ‘Public Safety Officer Benefits (15-0403-0-1-754).

        ‘Rail Industry Pension Fund (60-8011-0-7-601).

        ‘Retired Pay, Coast Guard (70-0602-0-1-403).

        ‘Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75-0379-0-1-551).

        ‘Special Benefits for Disabled Coal Miners (16-0169-0-1-601).

        ‘Special Benefits, Federal Employees’ Compensation Act (16-1521-0-1-600).

        ‘Special Workers Compensation Expenses (16-9971-0-7-601).

        ‘Tax Court Judges Survivors Annuity Fund (23-8115-0-7-602).

        ‘United States Court of Federal Claims Judges’ Retirement Fund (10-8124-0-7-602).

        ‘United States Secret Service, DC Annuity (70-0400-0-1-751).

        ‘Voluntary Separation Incentive Fund (97-8335-0-7-051).

      ‘(2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this part:

        ‘Biomass Energy Development (20-0114-0-1-271).

        ‘Check Forgery Insurance Fund (20-4109-0-3-803).

        ‘Credit liquidating accounts.

        ‘Credit reestimates.

        ‘Employees Life Insurance Fund (24-8424-0-8-602).

        ‘Federal Aviation Insurance Revolving Fund (69-4120-0-3-402).

        ‘Federal Crop Insurance Corporation Fund (12-4085-0-3-351).

        ‘Federal Emergency Management Agency, National Flood Insurance Fund (58-4236-0-3-453).

        ‘Federal Home Loan Mortgage Corporation (Freddie Mac).

        ‘Federal National Mortgage Corporation (Fannie Mae).

        ‘Geothermal resources development fund (89-0206-0-1-271).

        ‘Low-Rent Public Housing--Loans and Other Expenses (86-4098-0-3-604).

        ‘Maritime Administration, War Risk Insurance Revolving Fund (69-4302-0-3-403).

        ‘Natural Resource Damage Assessment Fund (14-1618-0-1-302).

        ‘Overseas Private Investment Corporation, Noncredit Account (71-4184-0-3-151).

        ‘Pension Benefit Guaranty Corporation Fund (16-4204-0-3-601).

        ‘San Joaquin Restoration Fund (14-5537-0-2-301).

        ‘Servicemembers’ Group Life Insurance Fund (36-4009-0-3-701).

        ‘Terrorism Insurance Program (20-0123-0-1-376).

    ‘(h) Low-income Programs- The following programs shall be exempt from reduction under any order issued under this part:

      ‘Academic Competitiveness/Smart Grant Program (91-0205-0-1-502).

      ‘Child Care Entitlement to States (75-1550-0-1-609).

      ‘Child Enrollment Contingency Fund (75-5551-0-2-551).

      ‘Child Nutrition Programs (with the exception of special milk programs) (12-3539-0-1-605).

      ‘Children’s Health Insurance Fund (75-0515-0-1-551).

      ‘Commodity Supplemental Food Program (12-3507-0-1-605).

      ‘Contingency Fund (75-1522-0-1-609).

      ‘Family Support Programs (75-1501-0-1-609).

      ‘Federal Pell Grants under section 401 Title IV of the Higher Education Act.

      ‘Grants to States for Medicaid (75-0512-0-1-551).

      ‘Payments for Foster Care and Permanency (75-1545-0-1-609).

      ‘Supplemental Nutrition Assistance Program (12-3505-0-1-605).

      ‘Supplemental Security Income Program (28-0406-0-1-609).

      ‘Temporary Assistance for Needy Families (75-1552-0-1-609).’.

    (d) Economic Recovery Programs- Section 255 of BBEDCA is amended by adding the following after subsection (h):

    ‘(i) Economic Recovery Programs- The following programs shall be exempt from reduction under any order issued under this part:

      ‘All programs enacted in, or increases in programs provided by, the American Recovery and Reinvestment Act of 2009.

      ‘Exchange Stabilization Fund-Money Market Mutual Fund Guaranty Facility (20-4274-0-3-376).

      ‘Financial Stabilization Reserve (20-0131-4-1-376).

      ‘GSE Mortgage-Backed Securities Purchase Program Account (20-0126-0-1-371).

      ‘GSE Preferred Stock Purchase Agreements (20-0125-0-1-371).

      ‘Office of Financial Stability (20-0128-0-1-376).

      ‘Special Inspector General for the Troubled Asset Relief Program (20-0133-0-1-376).

      ‘Troubled Asset Relief Program Account (20-0132-0-1-376).

      ‘Troubled Asset Relief Program Equity Purchase Program (20-0134-0-1-376).

      ‘Troubled Asset Relief Program, Home Affordable Modification Program (20-0136-0-1-604).’.

Attest:

Clerk.

111th CONGRESS

1st Session

H.R. 2847

HOUSE AMENDMENT TO SENATE AMENDMENT